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  • Commentaries
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state Case Commentaries

Least Restrictive Alternative Requirement in Involuntary Psychiatric Commitment

Least Restrictive Alternative Requirement in Involuntary Psychiatric Commitment

Date: May 22, 2025
Least Restrictive Alternative Requirement in Involuntary Psychiatric Commitment Introduction This commentary examines the Supreme Court of the State of Alaska’s decision in In the Matter of the...
Court’s Authority to Impose Filing Restrictions on Abusive Pro Se Litigants

Court’s Authority to Impose Filing Restrictions on Abusive Pro Se Litigants

Date: May 22, 2025
Court’s Authority to Impose Filing Restrictions on Abusive Pro Se Litigants Introduction In the Supreme Court of Wisconsin’s order dated May 21, 2025, the Court dismissed an original action petition...
Clarifying Attorney Duties in Real Estate Title Due Diligence and Client Communication Under W.R.P.C. 1.3 & 1.4(b)

Clarifying Attorney Duties in Real Estate Title Due Diligence and Client Communication Under W.R.P.C. 1.3 & 1.4(b)

Date: May 22, 2025
Clarifying Attorney Duties in Real Estate Title Due Diligence and Client Communication Under W.R.P.C. 1.3 & 1.4(b) Introduction This commentary examines the Supreme Court of Wyoming’s decision in...
Public Interest Exception to Mootness in Foster‐Care Medical Consent Appeals

Public Interest Exception to Mootness in Foster‐Care Medical Consent Appeals

Date: May 22, 2025
Public Interest Exception to Mootness in Foster‐Care Medical Consent Appeals Introduction In Margaret M. Testarmata v. State of Alaska, Department of Family & Community Services, Office of Children’s...
Active Efforts under ICWA in the Context of Parental Incarceration and Noncooperation

Active Efforts under ICWA in the Context of Parental Incarceration and Noncooperation

Date: May 22, 2025
Active Efforts under ICWA in the Context of Parental Incarceration and Noncooperation Introduction This commentary examines the Alaska Supreme Court’s memorandum opinion in Gerald T. v. State of...
Separate Applications, Separate Clocks: Camarda v. Ubert Clarifies the 30-Day Limitations Period for Article 78 Review of Village ZBA Decisions

Separate Applications, Separate Clocks: Camarda v. Ubert Clarifies the 30-Day Limitations Period for Article 78 Review of Village ZBA Decisions

Date: May 22, 2025
Separate Applications, Separate Clocks: Camarda v. Ubert Clarifies the 30-Day Limitations Period for Article 78 Review of Village ZBA Decisions 1. Introduction Matter of Camarda v. Ubert (2025 NY...
Selective Zoning Bans on Short-Term Rentals Violate Idaho’s Short-Term Rental and Vacation Rental Act

Selective Zoning Bans on Short-Term Rentals Violate Idaho’s Short-Term Rental and Vacation Rental Act

Date: May 22, 2025
Selective Zoning Bans on Short-Term Rentals Violate Idaho’s Short-Term Rental and Vacation Rental Act Introduction This commentary examines the Supreme Court of Idaho’s decision in Idaho Association...
Enhanced Best-Interests Standard: Educational Attendance and Co-Parenting Capacity in Custody Modifications

Enhanced Best-Interests Standard: Educational Attendance and Co-Parenting Capacity in Custody Modifications

Date: May 22, 2025
Enhanced Best-Interests Standard: Educational Attendance and Co-Parenting Capacity in Custody Modifications Introduction This commentary examines the Alaska Supreme Court’s decision in Brittney M. v....
Feeney v. Giannetti (2025): Mandatory Evidentiary Hearings on Receiver Accountings and Reinforced 5-Percent Cap on Commissions

Feeney v. Giannetti (2025): Mandatory Evidentiary Hearings on Receiver Accountings and Reinforced 5-Percent Cap on Commissions

Date: May 22, 2025
Feeney v. Giannetti (2025): Mandatory Evidentiary Hearings on Receiver Accountings and Reinforced 5-Percent Cap on Commissions 1. Introduction Feeney v. Giannetti, 238 A.D.3d 991 (2d Dep’t 2025),...
Rosenfeld v. Brody (2025): Pleading Standards for Fraudulent Conveyance Claims under New York’s Uniform Voidable Transactions Act

Rosenfeld v. Brody (2025): Pleading Standards for Fraudulent Conveyance Claims under New York’s Uniform Voidable Transactions Act

Date: May 22, 2025
Rosenfeld v. Brody (2025): Pleading Standards for Fraudulent Conveyance Claims under New York’s Uniform Voidable Transactions Act 1. Introduction Parties & Background: Yaakov Rosenfeld (“Plaintiff”)...
Foster Parents’ Permissive Intervention in Neglect Proceedings Is Not Jurisdictionally Barred

Foster Parents’ Permissive Intervention in Neglect Proceedings Is Not Jurisdictionally Barred

Date: May 21, 2025
Foster Parents’ Permissive Intervention in Neglect Proceedings Is Not Jurisdictionally Barred Introduction In In re Andrew C. (Supreme Court of Connecticut, May 19, 2025), the court addressed whether...
Establishing the Community Caretaking Limitation on Vehicle Impoundment: State v. Smith

Establishing the Community Caretaking Limitation on Vehicle Impoundment: State v. Smith

Date: May 21, 2025
Establishing the Community Caretaking Limitation on Vehicle Impoundment: State v. Smith Introduction State v. Smith (Idaho Supreme Court, May 20, 2025) addresses the constitutional limits on...
Espinosa v. Attorney Grievance Committee (2025): Non-Retroactivity of Reciprocal Suspensions and Deference to Foreign Sanctions

Espinosa v. Attorney Grievance Committee (2025): Non-Retroactivity of Reciprocal Suspensions and Deference to Foreign Sanctions

Date: May 21, 2025
Espinosa v. Attorney Grievance Committee (2025): Non-Retroactivity of Reciprocal Suspensions and Deference to Foreign Sanctions 1. Introduction Matter of Espinosa (2025 NY Slip Op 03017) addresses...
Expanded Reciprocal Discipline and the Diligence Imperative – A Commentary on Matter of DeMaio (2025)

Expanded Reciprocal Discipline and the Diligence Imperative – A Commentary on Matter of DeMaio (2025)

Date: May 21, 2025
Expanded Reciprocal Discipline and the Diligence Imperative – A Commentary on Matter of DeMaio (2025) 1. Introduction Matter of DeMaio, 2025 NY Slip Op 03016, is the First Department’s latest...
Prosecutorial Argument Limits and Burden‐of‐Proof Clarification in State v. Sullivan

Prosecutorial Argument Limits and Burden‐of‐Proof Clarification in State v. Sullivan

Date: May 21, 2025
Prosecutorial Argument Limits and Burden‐of‐Proof Clarification in State v. Sullivan Introduction The Supreme Court of Connecticut’s decision in State v. Sullivan, 340 Conn. 1 (2025), clarifies the...
Preponderance Standard for Final Parole Revocation Under WV Code § 62-12-10(a)(1)

Preponderance Standard for Final Parole Revocation Under WV Code § 62-12-10(a)(1)

Date: May 21, 2025
Preponderance Standard for Final Parole Revocation Under WV Code § 62-12-10(a)(1) Introduction State of West Virginia v. Lawrence Davonn Foye, decided May 20, 2025 by the Supreme Court of Appeals of...
Material Fact Disputes Preclude Summary Judgment in Premises Liability: Stalowy v. Missoula Manor

Material Fact Disputes Preclude Summary Judgment in Premises Liability: Stalowy v. Missoula Manor

Date: May 21, 2025
Material Fact Disputes Preclude Summary Judgment in Premises Liability: Stalowy v. Missoula Manor Introduction In Stalowy v. Missoula Manor Home, 2025 MT 108N, decided May 20, 2025, the Montana...
Constructive Possession Through Circumstantial and DNA Evidence: Landry v. State

Constructive Possession Through Circumstantial and DNA Evidence: Landry v. State

Date: May 21, 2025
Constructive Possession Through Circumstantial and DNA Evidence: Landry v. State Introduction Landry v. State, decided by the Supreme Court of Delaware on May 20, 2025, examines the sufficiency of...
“One Request Is Enough” – The Immediate-Inquiry Rule for Pro-Se Demands after People v. Lewis (2025)

“One Request Is Enough” – The Immediate-Inquiry Rule for Pro-Se Demands after People v. Lewis (2025)

Date: May 21, 2025
“One Request Is Enough” – The Immediate-Inquiry Rule for Pro-Se Demands after People v. Lewis (2025) Introduction The New York Court of Appeals’ decision in People v. Lewis, 2025 NY Slip Op 03011,...
“Jurisdiction Yes, Standing No” – New York Re-Anchors the Internal Affairs Doctrine in Ezrasons, Inc. v. Rudd (2025)

“Jurisdiction Yes, Standing No” – New York Re-Anchors the Internal Affairs Doctrine in Ezrasons, Inc. v. Rudd (2025)

Date: May 21, 2025
“Jurisdiction Yes, Standing No” – New York Re-Anchors the Internal Affairs Doctrine in Ezrasons, Inc. v. Rudd (2025) 1. Introduction In Ezrasons, Inc. v. Rudd, 2025 NY Slip Op 03008, the New York...
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