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  • Commentaries
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state Case Commentaries

Century Indemnity v. Brooklyn Union Gas (2025): New York Clarifies the Insured’s Notice Obligation and Duty to Investigate in Long-Tail Environmental Coverage

Century Indemnity v. Brooklyn Union Gas (2025): New York Clarifies the Insured’s Notice Obligation and Duty to Investigate in Long-Tail Environmental Coverage

Date: Jun 6, 2025
Century Indemnity v. Brooklyn Union Gas (2025): New York Clarifies the Insured’s Notice Obligation and Duty to Investigate in Long-Tail Environmental Coverage 1. Introduction Century Indemnity...
Structural Challenges Survive Personnel Changes: Amendment 33’s Shield Over Constitutional Boards Confirmed

Structural Challenges Survive Personnel Changes: Amendment 33’s Shield Over Constitutional Boards Confirmed

Date: Jun 6, 2025
Structural Challenges Survive Personnel Changes: Amendment 33’s Shield Over Constitutional Boards Confirmed Introduction In Sarah Sanders, Governor, et al. v. Arkansas Board of Corrections, 2025 Ark....
Lovett v. State (2025): The Arkansas Supreme Court Re-Affirms a “Strict-Preservation” Rule for Trial Objections

Lovett v. State (2025): The Arkansas Supreme Court Re-Affirms a “Strict-Preservation” Rule for Trial Objections

Date: Jun 6, 2025
Lovett v. State (2025): The Arkansas Supreme Court Re-Affirms a “Strict-Preservation” Rule for Trial Objections Introduction Raymond Lovett was convicted of capital murder and received a life...

        Overton v. State of Arkansas (2025): Prosecutorial Latitude in Voir-Dire
        to Reference the “Single-Witness Sufficiency” Rule

Overton v. State of Arkansas (2025): Prosecutorial Latitude in Voir-Dire to Reference the “Single-Witness Sufficiency” Rule

Date: Jun 6, 2025
Overton v. State of Arkansas (2025): Prosecutorial Latitude in Voir-Dire to Reference the “Single-Witness Sufficiency” Rule Introduction In Eric Overton v. State of Arkansas, 2025 Ark. 105, the...
“Digital Impersonation as an Aggravating Factor in Attorney Discipline” – Commentary on Matter of Perry (2025 NY Slip Op 03386)

“Digital Impersonation as an Aggravating Factor in Attorney Discipline” – Commentary on Matter of Perry (2025 NY Slip Op 03386)

Date: Jun 6, 2025
“Digital Impersonation as an Aggravating Factor in Attorney Discipline” Commentary on Matter of Perry (2025 NY Slip Op 03386) 1. Introduction Matter of Perry concerns disciplinary proceedings brought...
Successive Use of New York’s Saving Statute: The Second Department Authorises Multiple Invocations of CPLR 205(a) – Analysis of Tumminia v. Staten Island University Hospital (2025)

Successive Use of New York’s Saving Statute: The Second Department Authorises Multiple Invocations of CPLR 205(a) – Analysis of Tumminia v. Staten Island University Hospital (2025)

Date: Jun 5, 2025
Successive Use of New York’s Saving Statute: The Second Department Authorises Multiple Invocations of CPLR 205(a) Commentary on Tumminia v. Staten Island University Hospital, 2025 NY Slip Op 03352 1....
No Self-Review: Appellate Division Bars Administrative Law Judges from Issuing Final Determinations on Their Own Recommended Decisions in Justice Center Abuse Proceedings (Matter of Doe v. New York State Justice Center, 2025)

No Self-Review: Appellate Division Bars Administrative Law Judges from Issuing Final Determinations on Their Own Recommended Decisions in Justice Center Abuse Proceedings (Matter of Doe v. New York State Justice Center, 2025)

Date: Jun 5, 2025
No Self-Review: Appellate Division Bars Administrative Law Judges from Issuing Final Determinations on Their Own Recommended Decisions in Justice Center Abuse Proceedings (Matter of Doe v. New York...
Vindell v. Site 2 DSA Owner, LLC – Re-drawing the Boundary of the “Inherent Hazards” Exception under Labor Law § 200

Vindell v. Site 2 DSA Owner, LLC – Re-drawing the Boundary of the “Inherent Hazards” Exception under Labor Law § 200

Date: Jun 5, 2025
Vindell v. Site 2 DSA Owner, LLC – Re-drawing the Boundary of the “Inherent Hazards” Exception under Labor Law § 200 I. Introduction Vindell v. Site 2 DSA Owner, LLC, 2025 NY Slip Op 03353 (2d Dep’t...
“Harco v. Scottsdale: Clarifying the Limits of Collateral Estoppel and Documentary Evidence in Follow-Form Excess Coverage Disputes”

“Harco v. Scottsdale: Clarifying the Limits of Collateral Estoppel and Documentary Evidence in Follow-Form Excess Coverage Disputes”

Date: Jun 5, 2025
Harco v. Scottsdale: Clarifying the Limits of Collateral Estoppel and Documentary Evidence in Follow-Form Excess Coverage Disputes Introduction The Appellate Division, Second Department’s decision in...
Merger Clauses Trump Alleged Oral Joint-Ventures in New York Real-Estate Deals: A Commentary on IPA Asset Mgt., LLC v. Schuman (2025)

Merger Clauses Trump Alleged Oral Joint-Ventures in New York Real-Estate Deals: A Commentary on IPA Asset Mgt., LLC v. Schuman (2025)

Date: Jun 5, 2025
Merger Clauses Trump Alleged Oral Joint-Ventures in New York Real-Estate Deals: A Commentary on IPA Asset Management, LLC v. Schuman (2025) Introduction On 4 June 2025 the Appellate Division, Second...
“Let the Doctors Speak” – State v. Soto and the New Mandate Against Undue Restriction of Expert Medical Testimony in Child-Abuse Homicide Trials

“Let the Doctors Speak” – State v. Soto and the New Mandate Against Undue Restriction of Expert Medical Testimony in Child-Abuse Homicide Trials

Date: Jun 4, 2025
“Let the Doctors Speak” – State v. Soto and the New Mandate Against Undue Restriction of Expert Medical Testimony in Child-Abuse Homicide Trials 1. Introduction Court & Date: New Mexico Supreme...
Reaffirming Colton: The Strict Test for Double Jeopardy Based on Prosecutorial Intent in Connecticut

Reaffirming Colton: The Strict Test for Double Jeopardy Based on Prosecutorial Intent in Connecticut

Date: Jun 4, 2025
Reaffirming Colton: The Strict Test for Double Jeopardy Based on Prosecutorial Intent in Connecticut Introduction State v. Patrick M. (Supreme Court of Connecticut, officially released 3 June 2025)...
“The Walsh Protocol”: Judicial Duties When a Plea Agreement Is Ambiguous at Sentencing

“The Walsh Protocol”: Judicial Duties When a Plea Agreement Is Ambiguous at Sentencing

Date: Jun 4, 2025
“The Walsh Protocol”: Judicial Duties When a Plea Agreement Is Ambiguous at Sentencing Introduction State v. Walsh, 373 Or 714 (2025), confronts a recurring but seldom-resolved problem: what must a...
Establishing Limits on Victim Character Evidence Under the Plain Error Doctrine

Establishing Limits on Victim Character Evidence Under the Plain Error Doctrine

Date: Jun 3, 2025
Establishing Limits on Victim Character Evidence Under the Plain Error Doctrine Introduction The Supreme Court of Appeals of West Virginia’s decision in State of West Virginia v. David Hunter Lewis...
Preservation of Judicial Immunity for Public Bodies Under the New Mexico Civil Rights Act

Preservation of Judicial Immunity for Public Bodies Under the New Mexico Civil Rights Act

Date: Jun 3, 2025
Preservation of Judicial Immunity for Public Bodies Under the New Mexico Civil Rights Act 1. Introduction The Supreme Court of New Mexico’s decision in Bolen v. New Mexico Racing Commission (2025)...
Defendant’s Burden and Prosecutorial Storytelling: Clarifications under the Plain Error Doctrine

Defendant’s Burden and Prosecutorial Storytelling: Clarifications under the Plain Error Doctrine

Date: Jun 3, 2025
Defendant’s Burden and Prosecutorial Storytelling: Clarifications under the Plain Error Doctrine Introduction This commentary examines the concurring opinion in State of West Virginia v. David Hunter...
Establishing Sufficient Evidence for Officer’s Actual Belief of Imminent Battery in Aggravated Assault Cases

Establishing Sufficient Evidence for Officer’s Actual Belief of Imminent Battery in Aggravated Assault Cases

Date: Jun 3, 2025
Establishing Sufficient Evidence for Officer’s Actual Belief of Imminent Battery in Aggravated Assault Cases Introduction In State v. Johnson, 2025-NMCA-39827, the Supreme Court of New Mexico...
Affirmation of General Duty of Reasonable Care in Prison Workline Injuries and Prohibition of Cost Awards Against Indigent Plaintiffs

Affirmation of General Duty of Reasonable Care in Prison Workline Injuries and Prohibition of Cost Awards Against Indigent Plaintiffs

Date: Jun 3, 2025
Affirmation of General Duty of Reasonable Care in Prison Workline Injuries and Prohibition of Cost Awards Against Indigent Plaintiffs Introduction In Belford v. State, the Supreme Court of Hawaiʻi...
Felony–Murder Rule Refined: Reckless Indifference Requirement for Non-Killer Accomplices

Felony–Murder Rule Refined: Reckless Indifference Requirement for Non-Killer Accomplices

Date: Jun 3, 2025
Felony–Murder Rule Refined: Reckless Indifference Requirement for Non-Killer Accomplices Introduction In People v. Emanuel (S280551), the Supreme Court of California re-examined the contours of the...
Binding Promissory Sentence Reductions Upon YOTP Completion

Binding Promissory Sentence Reductions Upon YOTP Completion

Date: Jun 3, 2025
Binding Promissory Sentence Reductions Upon YOTP Completion Introduction In David Ray Herrera, Jr. v. The State of Wyoming (2025 WY 62), the Wyoming Supreme Court addressed whether a district court’s...
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