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state Case Commentaries

Clarifying Control: Attorneys Do Not Possess Clients’ Choses in Action for Garnishment under NRS 31.290

Clarifying Control: Attorneys Do Not Possess Clients’ Choses in Action for Garnishment under NRS 31.290

Date: Aug 25, 2025
Clarifying Control: Attorneys Do Not Possess Clients’ Choses in Action for Garnishment under NRS 31.290 Introduction On 21 August 2025 the Supreme Court of Nevada delivered AZG Limited Partnership v....
“Individualized Waiver” under NRCP 41(e)(2)(B):  Paul v. District Court (Holms)

“Individualized Waiver” under NRCP 41(e)(2)(B): Paul v. District Court (Holms)

Date: Aug 25, 2025
“Individualized Waiver” under NRCP 41(e)(2)(B): The Supreme Court of Nevada Clarifies that a Five-Year Dismissal Waiver Binds Only the Consenting Parties Introduction Case: Paul v. Second Judicial...
Eliminating the “Loaded-and-Operable” Element: Nevada Supreme Court Clarifies Assault-with-a-Deadly-Weapon under NRS 200.471

Eliminating the “Loaded-and-Operable” Element: Nevada Supreme Court Clarifies Assault-with-a-Deadly-Weapon under NRS 200.471

Date: Aug 25, 2025
Eliminating the “Loaded-and-Operable” Element: Nevada Supreme Court Clarifies Assault-with-a-Deadly-Weapon under NRS 200.471 1. Introduction In State v. District Court (Bankhead), 141 Nev., Adv. Op....
E.A.K.M. v. M.A.M.: Guardian-Ad-Litem Fee Orders Are Not Immediately Appealable Under R.C. 2505.02(B)

E.A.K.M. v. M.A.M.: Guardian-Ad-Litem Fee Orders Are Not Immediately Appealable Under R.C. 2505.02(B)

Date: Aug 25, 2025
E.A.K.M. v. M.A.M. (2025-Ohio-2946): Guardian-Ad-Litem Fee Orders Are Not Immediately Appealable Under R.C. 2505.02(B) I. Introduction The Supreme Court of Ohio has clarified a recurring procedural...
“Probate Courts Retain Exclusive Jurisdiction Over Estate Counsel Fees Despite Parallel Civil Actions” – Comment on Golub v. Werren (2025-Ohio-2950)

“Probate Courts Retain Exclusive Jurisdiction Over Estate Counsel Fees Despite Parallel Civil Actions” – Comment on Golub v. Werren (2025-Ohio-2950)

Date: Aug 25, 2025
Probate Courts Retain Exclusive Jurisdiction Over Estate Counsel Fees Despite Parallel Civil Actions – A Detailed Commentary on Golub v. Werren (2025-Ohio-2950) I. Introduction In Golub v. Werren,...
The “Reasonably-Calculated Address” Rule: Hunt v. Alderman and the Due-Process Overlay on Ohio Civ.R. 4.1

The “Reasonably-Calculated Address” Rule: Hunt v. Alderman and the Due-Process Overlay on Ohio Civ.R. 4.1

Date: Aug 25, 2025
The “Reasonably-Calculated Address” Rule: Hunt v. Alderman (2025-Ohio-2944) Introduction Hunt v. Alderman, Slip Opinion No. 2025-Ohio-2944, is the Supreme Court of Ohio’s latest pronouncement on the...

Galvin v. State (Nev. 2025):  Non-Disclosure of Witness Emails Is Non-Structural Error Subject to Harmless-Error Review

Galvin v. State (Nev. 2025): Non-Disclosure of Witness Emails Is Non-Structural Error Subject to Harmless-Error Review

Date: Aug 25, 2025
Galvin v. State (Nev. 2025): Non-Disclosure of Witness Emails Is Non-Structural Error Subject to Harmless-Error Review 1. Introduction In Galvin v. State, 86927 (Nev. Aug. 21, 2025), the Supreme...
End of COVID-19 Tolling and Non-Revival of Terminated Directives: A Commentary on Monarch Casino & Resort, Inc. v. District Court (Campbell)

End of COVID-19 Tolling and Non-Revival of Terminated Directives: A Commentary on Monarch Casino & Resort, Inc. v. District Court (Campbell)

Date: Aug 25, 2025
End of COVID-19 Tolling and Non-Revival of Terminated Directives: Supreme Court of Nevada Clarifies Statute-of-Limitations Computation in Monarch Casino & Resort, Inc. v. District Court (Campbell)...
Reyes v. State: Nevada Supreme Court Clarifies that “Intent Not to Return” Is NOT a Separate Element of the Duty-to-Stop Statute

Reyes v. State: Nevada Supreme Court Clarifies that “Intent Not to Return” Is NOT a Separate Element of the Duty-to-Stop Statute

Date: Aug 25, 2025
Reyes v. State: Nevada Supreme Court Clarifies that “Intent Not to Return” Is NOT a Separate Element of the Duty-to-Stop Statute Introduction In Reyes (Fernando) v. State, No. 88011 (Nev. Aug. 21,...
Royal Essex v. Azteca (2025):  Disgorgement as a Fiduciary-Duty Remedy and the Limited Effect of Charter Revocation on LLC Membership Rights

Royal Essex v. Azteca (2025): Disgorgement as a Fiduciary-Duty Remedy and the Limited Effect of Charter Revocation on LLC Membership Rights

Date: Aug 25, 2025
Royal Essex, LLC v. Azteca Real Estate Partners, LLC Nevada Supreme Court, 21 August 2025 Introduction Royal Essex, LLC (“Essex”) was conceived in 2007 to purchase and develop land in the Inspirada...
“No Second Bite at the Probate Apple” — Utah Supreme Court Declares the Savings Statute Inapplicable to § 75-3-107’s Three-Year Probate Deadline

“No Second Bite at the Probate Apple” — Utah Supreme Court Declares the Savings Statute Inapplicable to § 75-3-107’s Three-Year Probate Deadline

Date: Aug 25, 2025
“No Second Bite at the Probate Apple” — Utah Supreme Court Declares the Savings Statute Inapplicable to § 75-3-107’s Three-Year Probate Deadline Introduction In In re Estate of Davies, 2025 UT 36,...
“Tax Debt = Debt”: The Idaho Supreme Court Requires Tax-Relief Firms to Obtain Collection-Agency Licences — Comment on Wall & Associates, Inc. v. Idaho Department of Finance (2025)

“Tax Debt = Debt”: The Idaho Supreme Court Requires Tax-Relief Firms to Obtain Collection-Agency Licences — Comment on Wall & Associates, Inc. v. Idaho Department of Finance (2025)

Date: Aug 25, 2025
“Tax Debt = Debt”: The Idaho Supreme Court Requires Tax-Relief Firms to Obtain Collection-Agency Licences Commentary on Wall & Associates, Inc. v. Idaho Department of Finance, 174 Idaho ___ (2025) 1....
No Retroactive Right to Qualified Capital Counsel: The Florida Supreme Court’s Clarification in Windom v. State (2025)

No Retroactive Right to Qualified Capital Counsel: The Florida Supreme Court’s Clarification in Windom v. State (2025)

Date: Aug 25, 2025
No Retroactive Right to Qualified Capital Counsel: Windom v. State of Florida & the Limits of “Evolving Standards” Introduction In Curtis Windom v. State of Florida, Nos. SC2025-1179 & SC2025-1182...
“From Vexatious-Litigator Thresholds to Municipal-Zoning Deference” – A Commentary on the 08/20/2025 Ohio Supreme Court Case Announcements

“From Vexatious-Litigator Thresholds to Municipal-Zoning Deference” – A Commentary on the 08/20/2025 Ohio Supreme Court Case Announcements

Date: Aug 25, 2025
“From Vexatious-Litigator Thresholds to Municipal-Zoning Deference” – A Comprehensive Commentary on the Ohio Supreme Court’s 08 / 20 / 2025 Case Announcements (2025-Ohio-2934) 1. Introduction On 20...
No Affirmative Duty to Disclose Materially Increased Risk in Arm’s-Length Surety and Guaranty Transactions: Comment on Huntington Natl. Bank v. Schneider (2025-Ohio-2920)

No Affirmative Duty to Disclose Materially Increased Risk in Arm’s-Length Surety and Guaranty Transactions: Comment on Huntington Natl. Bank v. Schneider (2025-Ohio-2920)

Date: Aug 25, 2025
No Affirmative Duty to Disclose Materially Increased Risk in Arm’s-Length Surety and Guaranty Transactions Commentary on Huntington Natl. Bank v. Schneider, 2025-Ohio-2920 (Supreme Court of Ohio) I....
“Clearly Proscribed Conduct” Rule: Ohio Supreme Court Narrows Void-for-Vagueness Challenges in Huron v. Kisil (2025)

“Clearly Proscribed Conduct” Rule: Ohio Supreme Court Narrows Void-for-Vagueness Challenges in Huron v. Kisil (2025)

Date: Aug 25, 2025
“Clearly Proscribed Conduct” Rule: Ohio Supreme Court Narrows Void-for-Vagueness Challenges in Huron v. Kisil (2025) 1. Introduction Huron v. Kisil, Slip Opinion No. 2025-Ohio-2921, marks the Supreme...
State ex rel. Gordon v. Summit Cty. Court of Common Pleas (2025): Clarifying the Procedural Boundaries of Extraordinary Writs and Civ.R. 12(B)(6) Review

State ex rel. Gordon v. Summit Cty. Court of Common Pleas (2025): Clarifying the Procedural Boundaries of Extraordinary Writs and Civ.R. 12(B)(6) Review

Date: Aug 25, 2025
State ex rel. Gordon v. Summit County Court of Common Pleas (2025-Ohio-2927): Clarifying the Procedural Boundaries of Extraordinary Writs and Civ.R. 12(B)(6) Review Introduction In State ex rel....
State v. Sweet – Waiver of Non-Jurisdictional Indictment Defects After a Guilty Plea

State v. Sweet – Waiver of Non-Jurisdictional Indictment Defects After a Guilty Plea

Date: Aug 25, 2025
State v. Sweet – Waiver of Non-Jurisdictional Indictment Defects After a Guilty Plea Introduction In State v. Tony T. Sweet, Opinion No. 28297 (Aug. 20, 2025), the South Carolina Supreme Court...
“Mission-Based Use” as a Religious Purpose: Idaho Supreme Court Broadens the Scope of the § 63-602B Property-Tax Exemption

“Mission-Based Use” as a Religious Purpose: Idaho Supreme Court Broadens the Scope of the § 63-602B Property-Tax Exemption

Date: Aug 25, 2025
“Mission-Based Use” as a Religious Purpose: Idaho Supreme Court Broadens the Scope of the § 63-602B Property-Tax Exemption Introduction First Presbyterian Church of Boise, Idaho, Inc. (FPC) sought a...
Westman v. ISIF: The “Sole-Cause” Clarification of Idaho Code § 72-332 Liability

Westman v. ISIF: The “Sole-Cause” Clarification of Idaho Code § 72-332 Liability

Date: Aug 25, 2025
Westman v. Industrial Special Indemnity Fund: The Supreme Court of Idaho Clarifies the “Sole-Cause” Exception to Fund Liability under Idaho Code § 72-332 Introduction In Westman v. Industrial Special...
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