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  • Commentaries
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state Case Commentaries

Non-Assignability of Statutory Surviving Spouse Benefits in Incorporated Divorce Settlements

Non-Assignability of Statutory Surviving Spouse Benefits in Incorporated Divorce Settlements

Date: Jun 3, 2025
Non-Assignability of Statutory Surviving Spouse Benefits in Incorporated Divorce Settlements Introduction This commentary examines the Rhode Island Supreme Court’s decision in Marilyn L. Wilson v....
Larson v. Gibson: Clarifying “Abuse” Under Delaware PFA to Include Pursuit-Induced Panic and Sexual Coercion

Larson v. Gibson: Clarifying “Abuse” Under Delaware PFA to Include Pursuit-Induced Panic and Sexual Coercion

Date: Jun 3, 2025
Larson v. Gibson: Clarifying “Abuse” Under Delaware PFA to Include Pursuit-Induced Panic and Sexual Coercion Introduction In Larson v. Gibson, No. 344, 2024 (Del. June 2, 2025), the Supreme Court of...
Clarifying Alternative Murder Verdicts: Jury Step-Down Instruction and Felony-Murder Conviction Rule

Clarifying Alternative Murder Verdicts: Jury Step-Down Instruction and Felony-Murder Conviction Rule

Date: Jun 3, 2025
Clarifying Alternative Murder Verdicts: Jury Step-Down Instruction and Felony-Murder Conviction Rule Introduction State of New Mexico v. Jimmie Atkins (No. S-1-SC-39940, June 2, 2025) presents a...
Clarifying the “Silver Platter” Doctrine: Private Searches, Government Agency, and the Fourth Amendment in State v. Langley

Clarifying the “Silver Platter” Doctrine: Private Searches, Government Agency, and the Fourth Amendment in State v. Langley

Date: May 31, 2025
Clarifying the “Silver Platter” Doctrine: Private Searches, Government Agency, and the Fourth Amendment in State v. Langley Introduction State of Nebraska v. William B. Langley (319 Neb. 67, May 30,...
Limited Scope of Agricultural and Cannabis Operations’ Exemption from Municipal Regulation under 24 V.S.A. § 4413(d)(1)(A) and 7 V.S.A. § 869(f)(2)

Limited Scope of Agricultural and Cannabis Operations’ Exemption from Municipal Regulation under 24 V.S.A. § 4413(d)(1)(A) and 7 V.S.A. § 869(f)(2)

Date: May 31, 2025
Limited Scope of Agricultural and Cannabis Operations’ Exemption from Municipal Regulation under 24 V.S.A. § 4413(d)(1)(A) and 7 V.S.A. § 869(f)(2) Introduction This case arises from two consolidated...
Void Ab Initio and Retroactive Injunction: Enforcing Iowa’s Title and Single-Subject Requirements in Electric Transmission ROFR

Void Ab Initio and Retroactive Injunction: Enforcing Iowa’s Title and Single-Subject Requirements in Electric Transmission ROFR

Date: May 31, 2025
Void Ab Initio and Retroactive Injunction: Enforcing Iowa’s Title and Single-Subject Requirements in Electric Transmission ROFR Introduction This commentary examines the Iowa Supreme Court’s decision...
Preservation of Attorney Fee Awards Under Nebraska Revised Statutes §25-603 and §25-824: Beatty v. Poitier

Preservation of Attorney Fee Awards Under Nebraska Revised Statutes §25-603 and §25-824: Beatty v. Poitier

Date: May 31, 2025
Preservation of Attorney Fee Awards Under Nebraska Revised Statutes §25-603 and §25-824: Beatty v. Poitier Introduction Beatty v. Poitier (319 Neb. 56, May 30, 2025) addresses whether a district...
Standards for Implicit Denial of Improvement Periods and Post-Termination Visitation in Child-Protective Proceedings

Standards for Implicit Denial of Improvement Periods and Post-Termination Visitation in Child-Protective Proceedings

Date: May 31, 2025
Standards for Implicit Denial of Improvement Periods and Post-Termination Visitation in Child-Protective Proceedings Introduction This commentary analyzes the Supreme Court of West Virginia’s May 30,...
Estate Entitlement to Pending Specific‐Loss Benefits Under Section 410

Estate Entitlement to Pending Specific‐Loss Benefits Under Section 410

Date: May 31, 2025
Estate Entitlement to Pending Specific‐Loss Benefits Under Section 410 Introduction This case arises from the appeal in Steets, K., Aplt. v. Celebration Fireworks, Inc. (Workers’ Compensation Appeal...
Profit-Linked Compensation and Related-Entity Transfers Disqualify Purely Public Charities from Property Tax Exemption

Profit-Linked Compensation and Related-Entity Transfers Disqualify Purely Public Charities from Property Tax Exemption

Date: May 31, 2025
Profit-Linked Compensation and Related-Entity Transfers Disqualify Purely Public Charities from Property Tax Exemption Introduction This commentary examines Justice Mundy’s dissent in Pottstown...
Final Compensability Determinations Trigger Mandatory Penalties for Late TTD Payments Under HRS § 386-92

Final Compensability Determinations Trigger Mandatory Penalties for Late TTD Payments Under HRS § 386-92

Date: May 31, 2025
Final Compensability Determinations Trigger Mandatory Penalties for Late TTD Payments Under HRS § 386-92 Introduction Costa v. County of Hawaiʻi, No. SCWC-18-0000119, decided May 30, 2025 by the...
Redemptive Tax Sale and Duty to Pay: Powell Rule Protects Subsurface Rights

Redemptive Tax Sale and Duty to Pay: Powell Rule Protects Subsurface Rights

Date: May 31, 2025
Redemptive Tax Sale and Duty to Pay: Powell Rule Protects Subsurface Rights Introduction Commonwealth of Pennsylvania, Pennsylvania Game Commission (“Appellant”) v. Thomas E. Proctor Heirs Trust...
Prohibition on Civil Sanctions Against Prosecutors Under Iowa Rule 1.413 and Iowa Code § 619.19 in Criminal Cases

Prohibition on Civil Sanctions Against Prosecutors Under Iowa Rule 1.413 and Iowa Code § 619.19 in Criminal Cases

Date: May 31, 2025
Prohibition on Civil Sanctions Against Prosecutors Under Iowa Rule 1.413 and Iowa Code § 619.19 in Criminal Cases Introduction Theron M. Christensen, an assistant county attorney in Story County,...
Facial Unconstitutionality of §3806: Apprendi Protections for ARD-Based Sentencing Enhancements

Facial Unconstitutionality of §3806: Apprendi Protections for ARD-Based Sentencing Enhancements

Date: May 31, 2025
Facial Unconstitutionality of §3806: Apprendi Protections for ARD-Based Sentencing Enhancements Introduction Commonwealth v. Shifflett, G., Aplt. (No. 26 MAP 2024), decided May 30, 2025 by the...
Mandating Expeditious Administration of Pennsylvania’s Instantaneous Firearms Background Checks

Mandating Expeditious Administration of Pennsylvania’s Instantaneous Firearms Background Checks

Date: May 31, 2025
Mandating Expeditious Administration of Pennsylvania’s Instantaneous Firearms Background Checks Introduction This case arises from a dispute over the Pennsylvania State Police’s (“PSP”) performance...
Extending the Inconsistent Verdicts Doctrine to Special Interrogatories

Extending the Inconsistent Verdicts Doctrine to Special Interrogatories

Date: May 31, 2025
Extending the Inconsistent Verdicts Doctrine to Special Interrogatories Introduction In Commonwealth v. Muhammad, the Pennsylvania Supreme Court considered whether the familiar “inconsistent...
Clarifying Trial Discretion and Warrant Particularity: Expert Witness Designation and Vehicle Search in Marquez v. Wyoming

Clarifying Trial Discretion and Warrant Particularity: Expert Witness Designation and Vehicle Search in Marquez v. Wyoming

Date: May 31, 2025
Clarifying Trial Discretion and Warrant Particularity: Expert Witness Designation and Vehicle Search in Marquez v. Wyoming Introduction This commentary examines the Supreme Court of Wyoming’s...
Clarifying the One-Year Limitation and Tolling in Nebraska Postconviction Relief: State v. Trail

Clarifying the One-Year Limitation and Tolling in Nebraska Postconviction Relief: State v. Trail

Date: May 31, 2025
Clarifying the One-Year Limitation and Tolling in Nebraska Postconviction Relief: State v. Trail Introduction State v. Trail, 319 Neb. 84 (2025), represents a landmark pronouncement by the Nebraska...
Belhak v. Smith: Clarifying Causation Evidence and Trial-Misconduct Review in Medical Negligence

Belhak v. Smith: Clarifying Causation Evidence and Trial-Misconduct Review in Medical Negligence

Date: May 31, 2025
Belhak v. Smith: Clarifying Causation Evidence and Trial-Misconduct Review in Medical Negligence Introduction In Fatima E. Belhak and Abdellatif Elfila v. Denice Smith, M.D., and Women's Care...
Public Reprimand for Practicing Law During Interim Suspension Amid Mental-Health Crisis: Columbus Bar Assn. v. Bryant

Public Reprimand for Practicing Law During Interim Suspension Amid Mental-Health Crisis: Columbus Bar Assn. v. Bryant

Date: May 30, 2025
Public Reprimand for Practicing Law During Interim Suspension Amid Mental-Health Crisis: Columbus Bar Assn. v. Bryant Introduction In Columbus Bar Assn. v. Bryant (2025-Ohio-1879), the Supreme Court...
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