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  • Commentaries
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state Case Commentaries

Exclusion of Metropolitan Police Departments from Nevada’s Judicial Confirmation Law and the NPRA’s Exclusive Public Records Remedy

Exclusion of Metropolitan Police Departments from Nevada’s Judicial Confirmation Law and the NPRA’s Exclusive Public Records Remedy

Date: May 30, 2025
Exclusion of Metropolitan Police Departments from Nevada’s Judicial Confirmation Law and the NPRA’s Exclusive Public Records Remedy Introduction In In re: Public Records Request to Las Vegas Metro....
Fit Natural Parent Presumption Trumps Nonrelative Custody: Oxley v. Lumpkins

Fit Natural Parent Presumption Trumps Nonrelative Custody: Oxley v. Lumpkins

Date: May 30, 2025
Fit Natural Parent Presumption Trumps Nonrelative Custody: Oxley v. Lumpkins Introduction In Zachary M. Oxley v. Larry Ray Lumpkins (2025 Ark. 98), the Supreme Court of Arkansas addressed a novel...
Judicial Review as a “Special Proceeding” under NRS 18.020(4): Recoverability, Apportionment, and Cost Accrual

Judicial Review as a “Special Proceeding” under NRS 18.020(4): Recoverability, Apportionment, and Cost Accrual

Date: May 30, 2025
Judicial Review as a “Special Proceeding” under NRS 18.020(4): Recoverability, Apportionment, and Cost Accrual Introduction In In re: D.O.T. Litigation, the Supreme Court of Nevada considered whether...
“The Alzate Doctrine” – Repeated Omissions about Prior Injuries Justify Permanent Disqualification under Workers' Compensation Law § 114-a

“The Alzate Doctrine” – Repeated Omissions about Prior Injuries Justify Permanent Disqualification under Workers' Compensation Law § 114-a

Date: May 30, 2025
“The Alzate Doctrine” – Repeated Omissions about Prior Injuries Justify Permanent Disqualification under Workers' Compensation Law § 114-a 1. Introduction Case: Matter of Alzate v. Quality Building...
Mississippi Supreme Court Defines Joinder and Consolidation Criteria for Multi-Party Mass-Tort Settlement-Fund Disputes

Mississippi Supreme Court Defines Joinder and Consolidation Criteria for Multi-Party Mass-Tort Settlement-Fund Disputes

Date: May 30, 2025
Mississippi Supreme Court Defines Joinder and Consolidation Criteria for Multi-Party Mass-Tort Settlement-Fund Disputes Introduction The Supreme Court of Mississippi’s decision in Freese, Goss &...
Affirming First-Degree Murder Convictions: Weight-of-Evidence Standard and Creduality in Recanted Confessions

Affirming First-Degree Murder Convictions: Weight-of-Evidence Standard and Creduality in Recanted Confessions

Date: May 30, 2025
Affirming First-Degree Murder Convictions: Weight-of-Evidence Standard and Credibility in Recanted Confessions Introduction The Supreme Court of Mississippi’s decision in Keith Coleman, Jr. a/k/a K2...
Virginia Common Law Refusal to Adopt the Adequate Assurance Doctrine

Virginia Common Law Refusal to Adopt the Adequate Assurance Doctrine

Date: May 30, 2025
Virginia Common Law Refusal to Adopt the Adequate Assurance Doctrine Introduction Under Wild Skies, Inc. v. National Rifle Association of America, 304 Va. ___ (2025), presented to the Supreme Court...
Exclusionary Rule Under Utah’s EIDPA: Federal Subpoenas and State Evidence Sharing

Exclusionary Rule Under Utah’s EIDPA: Federal Subpoenas and State Evidence Sharing

Date: May 30, 2025
Exclusionary Rule Under Utah’s EIDPA: Federal Subpoenas and State Evidence Sharing Introduction State v. Andrus (2025 UT 15) is a landmark decision by the Supreme Court of Utah addressing the scope...
Clarification of “Conscious Indifference” Standard in Preliminary Hearing Continuances – State v. Trinh

Clarification of “Conscious Indifference” Standard in Preliminary Hearing Continuances – State v. Trinh

Date: May 30, 2025
Clarification of “Conscious Indifference” Standard in Preliminary Hearing Continuances Introduction The Supreme Court of Nevada’s decision in State v. Trinh (2025) addresses the procedural safeguards...
“Acute Worsening” as an Emergency: Cahill v. NYS Dept. of Mental Hygiene and the Expansion of the §13-a(5) Exception

“Acute Worsening” as an Emergency: Cahill v. NYS Dept. of Mental Hygiene and the Expansion of the §13-a(5) Exception

Date: May 30, 2025
“Acute Worsening” as an Emergency: Matter of Cahill v. New York State Dept. of Mental Hygiene (2025) and the Expanded Emergency Exception under Workers’ Compensation Law § 13-a(5) Introduction The...
Harmless-Error Review for Post-Invocation Waivers in Commonwealth v. Paxton

Harmless-Error Review for Post-Invocation Waivers in Commonwealth v. Paxton

Date: May 30, 2025
Harmless-Error Review for Post-Invocation Waivers in Commonwealth v. Paxton Introduction Commonwealth v. Paxton, decided May 29, 2025 by the Supreme Court of Virginia, addresses a core question in...
Informal Directives Fulfill RCW 49.48.040(1)(b): Redefining “Order the Payment”

Informal Directives Fulfill RCW 49.48.040(1)(b): Redefining “Order the Payment”

Date: May 30, 2025
Informal Directives Fulfill RCW 49.48.040(1)(b): Redefining “Order the Payment” Introduction Department of Labor & Industries v. Cannabis Green, LLC, 2025 Wash. LEXIS 102922-5, is a landmark Supreme...
Reaffirming Circumstantial Evidence Sufficiency and Strickland Review in Child Sexual Abuse Post-Conviction Cases

Reaffirming Circumstantial Evidence Sufficiency and Strickland Review in Child Sexual Abuse Post-Conviction Cases

Date: May 30, 2025
Reaffirming Circumstantial Evidence Sufficiency and Strickland Review in Child Sexual Abuse Post-Conviction Cases Introduction Terry Eugene Break v. State of Arkansas, 2025 Ark. 95, is a...
Lavoyce Wilder v. State of Arkansas: Clarifying Procedural Bars and Ineffective Assistance Standards in Rule 37.1 Postconviction Relief

Lavoyce Wilder v. State of Arkansas: Clarifying Procedural Bars and Ineffective Assistance Standards in Rule 37.1 Postconviction Relief

Date: May 30, 2025
Lavoyce Wilder v. State of Arkansas: Clarifying Procedural Bars and Ineffective Assistance Standards in Rule 37.1 Postconviction Relief Introduction In Lavoyce Wilder v. State of Arkansas (2025 Ark....
Arkansas Test for Judicial Gag Orders: Clarifying Prior Restraint Standards

Arkansas Test for Judicial Gag Orders: Clarifying Prior Restraint Standards

Date: May 30, 2025
Arkansas Test for Judicial Gag Orders: Clarifying Prior Restraint Standards 1. Introduction This commentary examines the Supreme Court of Arkansas’s decision in Aaron Spencer v. State of Arkansas...
Off-Road ATV Exclusion Upheld: State Farm Automobile v. Orlando Establishes Definition of “Motor Vehicle” for UMA-Based UIM Coverage

Off-Road ATV Exclusion Upheld: State Farm Automobile v. Orlando Establishes Definition of “Motor Vehicle” for UMA-Based UIM Coverage

Date: May 30, 2025
Off-Road ATV Exclusion Upheld: State Farm Automobile v. Orlando Establishes Definition of “Motor Vehicle” for UMA-Based UIM Coverage 1. Introduction In State Farm Automobile Insurance Company v....
The Salomon Upward-Departure Doctrine in Reciprocal Attorney Discipline

The Salomon Upward-Departure Doctrine in Reciprocal Attorney Discipline

Date: May 30, 2025
The Salomon Upward-Departure Doctrine in Reciprocal Attorney Discipline Introduction Matter of Salomon (2025 NY Slip Op 03255) concerns reciprocal attorney-discipline proceedings brought in New York...
Failure to Report Foreign Discipline as Aggravation Warranting an Upward Departure in Reciprocal Proceedings – Commentary on Matter of Osterbye (2025 NY Slip Op 03254)

Failure to Report Foreign Discipline as Aggravation Warranting an Upward Departure in Reciprocal Proceedings – Commentary on Matter of Osterbye (2025 NY Slip Op 03254)

Date: May 30, 2025
Failure to Report Foreign Discipline as Aggravation Warranting an Upward Departure in Reciprocal Proceedings – Commentary on Matter of Osterbye (2025 NY Slip Op 03254) 1. Introduction Matter of...
People v. Branton (2025): Defining the Outer Limits of CPL 245.20 – Why DOCCS Is Not “Under the Prosecution’s Control” for Automatic Discovery

People v. Branton (2025): Defining the Outer Limits of CPL 245.20 – Why DOCCS Is Not “Under the Prosecution’s Control” for Automatic Discovery

Date: May 30, 2025
People v. Branton (2025): Defining the Outer Limits of CPL 245.20 – Why DOCCS Is Not “Under the Prosecution’s Control” for Automatic Discovery Introduction In People v. Branton, 238 A.D.3d 1429 (3d...
Completion‐of‐Services Trigger for Accounting Malpractice Statute of Limitations under NRS 11.2075

Completion‐of‐Services Trigger for Accounting Malpractice Statute of Limitations under NRS 11.2075

Date: May 30, 2025
Completion‐of‐Services Trigger for Accounting Malpractice Statute of Limitations under NRS 11.2075 Introduction In TRICARICHI v. PRICEWATERHOUSECOOPERS, LLP (Nos. 86317/87375/87835), the Supreme...
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