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  • Commentaries
  • Judgments

state Case Commentaries

“Local Climate Autonomy” – The New York Court of Appeals Declares that the State Climate Act Does Not Field-Preempt Municipal Greenhouse-Gas Regulation

“Local Climate Autonomy” – The New York Court of Appeals Declares that the State Climate Act Does Not Field-Preempt Municipal Greenhouse-Gas Regulation

Date: May 23, 2025
“Local Climate Autonomy” – The Court of Appeals Holds that New York’s Climate Leadership and Community Protection Act Does Not Preempt New York City’s Local Law 97 Introduction In Glen Oaks Village...
Mootness Bars Appellate Review of Judicial Sale of LLC Membership Interests in Estates

Mootness Bars Appellate Review of Judicial Sale of LLC Membership Interests in Estates

Date: May 23, 2025
Mootness Bars Appellate Review of Judicial Sale of LLC Membership Interests in Estates Introduction This commentary examines the Mississippi Supreme Court’s decision in In the Matter of the Estate of...
Denial of Reinstatement for Public-Office Misconduct and Inconsistent Admissions Undermining Rehabilitation

Denial of Reinstatement for Public-Office Misconduct and Inconsistent Admissions Undermining Rehabilitation

Date: May 23, 2025
Denial of Reinstatement for Public-Office Misconduct and Inconsistent Admissions Undermining Rehabilitation Introduction In the matter of In re Petition for Reinstatement of C. Michael Sparks, the...
Mandating Commission-Structured O&M Agreements under the Distressed and Failing Utilities Improvement Act

Mandating Commission-Structured O&M Agreements under the Distressed and Failing Utilities Improvement Act

Date: May 23, 2025
Mandating Commission-Structured Operation & Maintenance Agreements under the Distressed and Failing Utilities Improvement Act Introduction Gauley River Public Service District (“Gauley River”)...
Pretrial Fairness Act: Conditions Hearing as Sole Remedy When State Fails to Prove Detention Burden

Pretrial Fairness Act: Conditions Hearing as Sole Remedy When State Fails to Prove Detention Burden

Date: May 23, 2025
Pretrial Fairness Act: Conditions Hearing as Sole Remedy When State Fails to Prove Detention Burden Introduction People v. Cousins (2025 IL 130866) is a landmark decision by the Illinois Supreme...
Federal Preemption Does Not Void Voluntary Division of Veterans’ Disability Benefits in Marital Settlements

Federal Preemption Does Not Void Voluntary Division of Veterans’ Disability Benefits in Marital Settlements

Date: May 23, 2025
Federal Preemption Does Not Void Voluntary Division of Veterans’ Disability Benefits in Marital Settlements Introduction In In re Marriage of Tronsrue, 2025 IL 130596, the Illinois Supreme Court...
Rehabilitation, Cooperation, and Fair Application of Brown II Factors in Attorney Reinstatement

Rehabilitation, Cooperation, and Fair Application of Brown II Factors in Attorney Reinstatement

Date: May 23, 2025
Rehabilitation, Cooperation, and Fair Application of Brown II Factors in Attorney Reinstatement Introduction In No. 23-71, In re Petition for Reinstatement of C. Michael Sparks, Justice Walker...
Unanimous First-Degree Verdicts and the CCP Aggravator: Florida Supreme Court Affirms

Unanimous First-Degree Verdicts and the CCP Aggravator: Florida Supreme Court Affirms

Date: May 23, 2025
Unanimous First-Degree Verdicts and the CCP Aggravator: Florida Supreme Court Affirms Introduction In Mark H. Wilson v. State of Florida, No. SC2023-0320 (Fla. May 22, 2025), the Florida Supreme...
Permissible Scope of Traffic Stops: Vehicle Registration Inquiry and Voluntary Consent

Permissible Scope of Traffic Stops: Vehicle Registration Inquiry and Voluntary Consent

Date: May 23, 2025
Permissible Scope of Traffic Stops: Vehicle Registration Inquiry and Voluntary Consent Introduction Richard Clark Hanson v. The State of Wyoming (2025 WY 56) presented before the Supreme Court of...
Notice of Appearance Bars Default Judgment Under RCW 59.18.365(3)

Notice of Appearance Bars Default Judgment Under RCW 59.18.365(3)

Date: May 23, 2025
Notice of Appearance Bars Default Judgment Under RCW 59.18.365(3) Introduction Sangha v. Keen, decided May 22, 2025 by the Supreme Court of Washington, addresses whether RCW 59.18.365 permits a...
New Standard for Substantial Compliance of Preliminary Notices and Proportional Allocation of Condominium Construction Liens

New Standard for Substantial Compliance of Preliminary Notices and Proportional Allocation of Condominium Construction Liens

Date: May 23, 2025
New Standard for Substantial Compliance of Preliminary Notices and Proportional Allocation of Condominium Construction Liens Introduction New Star General Contractors, Inc. (“New Star”) sued Dumar,...
Actual Knowledge Through Third-Party Litigation Satisfies UCC §2-607 Notice Requirement

Actual Knowledge Through Third-Party Litigation Satisfies UCC §2-607 Notice Requirement

Date: May 23, 2025
Actual Knowledge Through Third-Party Litigation Satisfies UCC §2-607 Notice Requirement Introduction This commentary examines the Illinois Supreme Court’s decision in Andrews v. Carbon on 26th, LLC...
Holm v. Holm: Discretionary Discovery Sanctions and Statutory Valuation Date Clarified

Holm v. Holm: Discretionary Discovery Sanctions and Statutory Valuation Date Clarified

Date: May 23, 2025
Holm v. Holm (2025 ND 100): Discretionary Discovery Sanctions and Statutory Valuation Date Clarified Introduction Holm v. Holm, 2025 ND 100 (N.D. May 22, 2025), is a Supreme Court of North Dakota...
People v. Terry (2025): Business-Record Admissibility of Probation “Client Contact Lists” and the Continuing Rejection of Overbroad Appeal-Waiver Forms

People v. Terry (2025): Business-Record Admissibility of Probation “Client Contact Lists” and the Continuing Rejection of Overbroad Appeal-Waiver Forms

Date: May 23, 2025
People v. Terry (2025): Business-Record Admissibility of Probation “Client Contact Lists” and the Continuing Rejection of Overbroad Appeal-Waiver Forms Introduction The Third Department’s decision in...
Welch v. Atlas Turner: Enforcement of Corporate Discovery Obligations and Pre-Judgment Receivership Over Insurance Assets

Welch v. Atlas Turner: Enforcement of Corporate Discovery Obligations and Pre-Judgment Receivership Over Insurance Assets

Date: May 22, 2025
Enforcement of Corporate Discovery Obligations and Pre-Judgment Receivership Over Insurance Assets Introduction In Donna B. Welch v. Atlas Turner, Inc., the Supreme Court of South Carolina confronted...
Imposition of Pro Se Filing Restrictions to Prevent Abusive Litigation Practices

Imposition of Pro Se Filing Restrictions to Prevent Abusive Litigation Practices

Date: May 22, 2025
Imposition of Pro Se Filing Restrictions to Prevent Abusive Litigation Practices Introduction In the case of Stickney v. The Hon. Daniel G. Wood, No. 2025AP873-OA, decided May 21, 2025 by the Supreme...
Inherent Authority to Impose Filing Restrictions on Abusive Pro Se Litigants

Inherent Authority to Impose Filing Restrictions on Abusive Pro Se Litigants

Date: May 22, 2025
Inherent Authority to Impose Filing Restrictions on Abusive Pro Se Litigants Introduction In In re Tyler C. Frick, the Supreme Court of Wisconsin addressed a recurring pattern of abusive filings by...
Maintaining the Homeowner’s Exemption Despite Unity of Ownership: Cadena v. Kupferstein and the Scope of “Direction or Control” under Labor Law § 241(6)

Maintaining the Homeowner’s Exemption Despite Unity of Ownership: Cadena v. Kupferstein and the Scope of “Direction or Control” under Labor Law § 241(6)

Date: May 22, 2025
Maintaining the Homeowner’s Exemption Despite Unity of Ownership: Cadena v. Kupferstein (2025) and the Scope of “Direction or Control” under Labor Law § 241(6) Introduction Cadena v. Kupferstein, 238...
Serial Frivolous Appeals and the Appellate Expansion of 22 NYCRR 130-1.1 Sanctions: A Commentary on Matter of Ruth S. (2025 NY Slip Op 03072)

Serial Frivolous Appeals and the Appellate Expansion of 22 NYCRR 130-1.1 Sanctions: A Commentary on Matter of Ruth S. (2025 NY Slip Op 03072)

Date: May 22, 2025
Serial Frivolous Appeals and the Appellate Expansion of 22 NYCRR 130-1.1 Sanctions: A Commentary on Matter of Ruth S. (2025 NY Slip Op 03072) 1. Introduction Matter of Ruth S. is the latest chapter...
Mandatory Imprisonment for Underlying Felonies with Firearm Specifications under R.C. 2929.13(F)(8)

Mandatory Imprisonment for Underlying Felonies with Firearm Specifications under R.C. 2929.13(F)(8)

Date: May 22, 2025
Mandatory Imprisonment for Underlying Felonies with Firearm Specifications under R.C. 2929.13(F)(8) Introduction The Supreme Court of Ohio’s decision in State v. Logan, Slip Opinion No....
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