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  • Commentaries
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state Case Commentaries

Affirmation of PSC’s Continuing Jurisdiction and Criteria for Acquisition Under the Distressed and Failing Utilities Act

Affirmation of PSC’s Continuing Jurisdiction and Criteria for Acquisition Under the Distressed and Failing Utilities Act

Date: May 24, 2025
Affirmation of PSC’s Continuing Jurisdiction and Criteria for Acquisition Under the Distressed and Failing Utilities Act 1. Introduction In Huntington Sanitary Board v. Public Service Commission of...
Elective Application of Subsequent Municipal Plan Amendments as Exception to the Act 250 Vested-Rights Doctrine

Elective Application of Subsequent Municipal Plan Amendments as Exception to the Act 250 Vested-Rights Doctrine

Date: May 24, 2025
Elective Application of Subsequent Municipal Plan Amendments as Exception to the Act 250 Vested-Rights Doctrine Introduction This commentary examines the Vermont Supreme Court’s decision in In re...
Required Specificity in Public-Policy Discharge Claims and Exclusivity of Iowa Whistleblower Statute

Required Specificity in Public-Policy Discharge Claims and Exclusivity of Iowa Whistleblower Statute

Date: May 24, 2025
Required Specificity in Public-Policy Discharge Claims and Exclusivity of Iowa Whistleblower Statute Introduction In Kelly Brodie, Dr. John Heffron, Katherine King, Dr. Michael Langenfeld, Katherine...
In re L.C.: Affirming the “Natural Reasoning” Standard for Neglect Adjudications

In re L.C.: Affirming the “Natural Reasoning” Standard for Neglect Adjudications

Date: May 24, 2025
In re L.C.: Affirming the “Natural Reasoning” Standard for Neglect Adjudications Introduction In In re L.C., 383 N.C. __ (May 23, 2025), the Supreme Court of North Carolina clarified the level of...
Judicial DWI Misconduct and Censure Standards Under Canons 1 & 2A and N.C.G.S. § 7A-376(b)

Judicial DWI Misconduct and Censure Standards Under Canons 1 & 2A and N.C.G.S. § 7A-376(b)

Date: May 24, 2025
Judicial DWI Misconduct and Censure Standards Under Canons 1 & 2A and N.C.G.S. § 7A-376(b) Introduction In re Kimble (No. 321A24) is a 2025 decision of the Supreme Court of North Carolina addressing...
Defining “Necessity” for Private Roads and Implied Easements: Tilden v. Jackson

Defining “Necessity” for Private Roads and Implied Easements: Tilden v. Jackson

Date: May 24, 2025
Defining “Necessity” for Private Roads and Implied Easements: Tilden v. Jackson Introduction In Samuel J. Tilden v. Linda J. Jackson (2025 WY 57), the Supreme Court of Wyoming clarified critical...
Testerman v. Wyoming: Limits on Unnoticed 404(b) Evidence & Contextual Review of Vouching

Testerman v. Wyoming: Limits on Unnoticed 404(b) Evidence & Contextual Review of Vouching

Date: May 24, 2025
Testerman v. Wyoming: Limits on Unnoticed 404(b) Evidence & Contextual Review of Vouching Introduction Gabriel Lee Testerman v. State of Wyoming, 2025 WY 58, decided May 23, 2025 by the Wyoming...
Probate-Exhaustion Rule for Intentional Interference with Inheritance from Inter Vivos Trusts

Probate-Exhaustion Rule for Intentional Interference with Inheritance from Inter Vivos Trusts

Date: May 24, 2025
Probate-Exhaustion Rule for Intentional Interference with Inheritance from Inter Vivos Trusts Introduction In Berol Dewdney and Cordelia Dewdney v. Ralph E. Duncan, IV, 2025 VT 26, the Vermont...
Defining “Reasonable Opportunity” to Contact Counsel under Iowa Code § 804.20

Defining “Reasonable Opportunity” to Contact Counsel under Iowa Code § 804.20

Date: May 24, 2025
Defining “Reasonable Opportunity” to Contact Counsel under Iowa Code § 804.20 1. Introduction This commentary examines the Iowa Supreme Court’s decision in State of Iowa v. Hope Jennifer Clark,...
Clarifying Iowa’s Workers’ Compensation Exclusivity: Gross Negligence Exception and Limits on Intentional Tort Claims Against Employers

Clarifying Iowa’s Workers’ Compensation Exclusivity: Gross Negligence Exception and Limits on Intentional Tort Claims Against Employers

Date: May 24, 2025
Clarifying Iowa’s Workers’ Compensation Exclusivity: Gross Negligence Exception and Limits on Intentional Tort Claims Against Employers Introduction This commentary examines the Iowa Supreme Court’s...
Harmless Error and Judicial Questioning: Affirming Conviction in State v. Eldredge

Harmless Error and Judicial Questioning: Affirming Conviction in State v. Eldredge

Date: May 23, 2025
Harmless Error and Judicial Questioning: Affirming Conviction in State v. Eldredge Introduction In State of West Virginia v. Chad M. Eldredge, the Supreme Court of Appeals (2025) faced a challenge to...
Defining Third-Party Duty of Care and Corporate Veil Piercing Limits Under Rhode Island Worker’s Compensation Act

Defining Third-Party Duty of Care and Corporate Veil Piercing Limits Under Rhode Island Worker’s Compensation Act

Date: May 23, 2025
Defining Third-Party Duty of Care and Corporate Veil Piercing Limits Under Rhode Island Worker’s Compensation Act Introduction In William Boggs v. Johnston Asphalt, LLC (No. 2024-91-Appeal), decided...
Village of Lincolnshire v. Olvera: Municipal Authority Under Section 16-102(c) and Evidentiary Standards for Cannabis DUI

Village of Lincolnshire v. Olvera: Municipal Authority Under Section 16-102(c) and Evidentiary Standards for Cannabis DUI

Date: May 23, 2025
Village of Lincolnshire v. Olvera: Municipal Authority Under Section 16-102(c) and Evidentiary Standards for Cannabis DUI Introduction The Supreme Court of Illinois decided Village of Lincolnshire v....
Strict Time Limits for Appellate Jurisdiction After Post-Plea Motions

Strict Time Limits for Appellate Jurisdiction After Post-Plea Motions

Date: May 23, 2025
Strict Time Limits for Appellate Jurisdiction After Post-Plea Motions Introduction In People v. Dyas (2025 IL 130082), the Illinois Supreme Court reaffirmed the principle that appellate jurisdiction...
Due Process Remedy for Delayed Competency Restoration: Dismissal Without Prejudice

Due Process Remedy for Delayed Competency Restoration: Dismissal Without Prejudice

Date: May 23, 2025
Due Process Remedy for Delayed Competency Restoration: Dismissal Without Prejudice Introduction In State v. Desavio (Matthew), 141 Nev. Adv. Op. 25 (May 22, 2025), the Supreme Court of Nevada...
Adequacy of Notice Pleading under Mississippi Rule 8(a) in Premises Liability Claims Despite Landowners Protection Act §11-1-66.1

Adequacy of Notice Pleading under Mississippi Rule 8(a) in Premises Liability Claims Despite Landowners Protection Act §11-1-66.1

Date: May 23, 2025
Adequacy of Notice Pleading under Mississippi Rule 8(a) in Premises Liability Claims Despite Landowners Protection Act §11-1-66.1 Introduction This commentary examines the Mississippi Supreme Court’s...
From Joint to Sole Custody: The Breakdown-in-Communication Standard Clarified — Commentary on Matter of Sheena PP. v. Edward QQ. (2025)

From Joint to Sole Custody: The Breakdown-in-Communication Standard Clarified — Commentary on Matter of Sheena PP. v. Edward QQ. (2025)

Date: May 23, 2025
From Joint to Sole Custody: The Breakdown-in-Communication Standard Clarified Commentary on Matter of Sheena PP. v. Edward QQ., 238 A.D.3d 1417 (3d Dep’t 2025) 1. Introduction This Third Department...
The Tuckett Clarification: Harmless-Error Review and Evidentiary Boundaries in New York Unjust-Conviction Claims

The Tuckett Clarification: Harmless-Error Review and Evidentiary Boundaries in New York Unjust-Conviction Claims

Date: May 23, 2025
The Tuckett Clarification: Harmless-Error Review and Evidentiary Boundaries in New York Unjust-Conviction Claims Introduction Tuckett v. State of New York (2025 NY Slip Op 03099) is the New York...
Clinical Practice Guidelines as “One Link in the Chain”: The New York Court of Appeals Clarifies Their Evidentiary Status in Medical Misconduct Proceedings

Clinical Practice Guidelines as “One Link in the Chain”: The New York Court of Appeals Clarifies Their Evidentiary Status in Medical Misconduct Proceedings

Date: May 23, 2025
Clinical Practice Guidelines as “One Link in the Chain”: The New York Court of Appeals Clarifies Their Evidentiary Status in Medical Misconduct Proceedings Introduction The New York Court of Appeals’...
State v. Hartwell: Narrowly Tailoring the Public-Safety Exception to Miranda in West Virginia

State v. Hartwell: Narrowly Tailoring the Public-Safety Exception to Miranda in West Virginia

Date: May 23, 2025
State v. Hartwell: Narrowly Tailoring the Public-Safety Exception to Miranda in West Virginia Introduction In State of West Virginia v. Monica Hartwell, No. 23-7 (W. Va. May 22, 2025), the Supreme...
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