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  • Commentaries
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state Case Commentaries

Routine Services, Routine Fees: The Second Department’s Clarification on Compensation for Court-Appointed Accountants in Article 81 Guardianships

Routine Services, Routine Fees: The Second Department’s Clarification on Compensation for Court-Appointed Accountants in Article 81 Guardianships

Date: May 15, 2025
Routine Services, Routine Fees: The Second Department’s Clarification on Compensation for Court-Appointed Accountants in Article 81 Guardianships Introduction Matter of Silda E.H. (Henderson), 238...
Presumption of Possession for Intestate Heirs – Canty v. Burns Reinforces the 10-Year Limitations Framework for Quiet-Title Actions Involving Void Deeds

Presumption of Possession for Intestate Heirs – Canty v. Burns Reinforces the 10-Year Limitations Framework for Quiet-Title Actions Involving Void Deeds

Date: May 15, 2025
Presumption of Possession for Intestate Heirs – Canty v. Burns Reinforces the 10-Year Limitations Framework for Quiet-Title Actions Involving Void Deeds 1. Introduction Canty v. Burns (2025 NY Slip...
Negligent Supervision: Employer Liability for Employee Torts – Duty, Elements, and Scope

Negligent Supervision: Employer Liability for Employee Torts – Duty, Elements, and Scope

Date: May 15, 2025
Negligent Supervision: Employer Liability for Employee Torts – Duty, Elements, and Scope Introduction This commentary examines the Supreme Court of Appeals of West Virginia’s decision in Camden-Clark...
Excluding the Arsonist from the Definition of “Occupied Structure” under A.R.S. § 13-1701(2) and § 13-1704

Excluding the Arsonist from the Definition of “Occupied Structure” under A.R.S. § 13-1701(2) and § 13-1704

Date: May 15, 2025
Excluding the Arsonist from the Definition of “Occupied Structure” under A.R.S. § 13-1701(2) and § 13-1704 Introduction This case arises from a 2007 Christmas‐night fire that engulfed a pickup truck...
Judicial Discretion in Parental Income Determination and the Limits of Rule 60 Relief in Child Support Modifications

Judicial Discretion in Parental Income Determination and the Limits of Rule 60 Relief in Child Support Modifications

Date: May 15, 2025
Judicial Discretion in Parental Income Determination and the Limits of Rule 60 Relief in Child Support Modifications Introduction David Martorano v. Melissa Mazzei f/k/a Melissa Martorano (2025 WY...
Oral Relocation Agreements and Double-Rent Liability: Atlasman v. Korol (2025) Clarifies Pleading Standards in Landlord–Tenant Disputes

Oral Relocation Agreements and Double-Rent Liability: Atlasman v. Korol (2025) Clarifies Pleading Standards in Landlord–Tenant Disputes

Date: May 15, 2025
Oral Relocation Agreements and Double-Rent Liability: Atlasman v. Korol (2025) Clarifies Pleading Standards in Landlord–Tenant Disputes Introduction Background. In Atlasman v. Korol, the Appellate...
Accrual of Credit for Time Served: Jurisdiction-Dependent Credit in Multi-Case Proceedings

Accrual of Credit for Time Served: Jurisdiction-Dependent Credit in Multi-Case Proceedings

Date: May 14, 2025
Accrual of Credit for Time Served: Jurisdiction-Dependent Credit in Multi-Case Proceedings Introduction The Supreme Court of Montana’s decision in State of Montana v. William James Pillans (2025 MT...
In re H.P.: Clarifying Evidentiary Standards for Child Sexual Abuse Adjudications under West Virginia Law

In re H.P.: Clarifying Evidentiary Standards for Child Sexual Abuse Adjudications under West Virginia Law

Date: May 14, 2025
In re H.P.: Clarifying Evidentiary Standards for Child Sexual Abuse Adjudications under West Virginia Law Introduction This commentary examines the Supreme Court of Appeals of West Virginia’s...
Failure to Acknowledge Culpability in Child Sexual Abuse Justifies Termination of Parental Rights

Failure to Acknowledge Culpability in Child Sexual Abuse Justifies Termination of Parental Rights

Date: May 14, 2025
Failure to Acknowledge Culpability in Child Sexual Abuse Justifies Termination of Parental Rights Introduction This commentary examines the Supreme Court of Appeals of West Virginia’s decision in In...
State v. Ament: Defining the Limits of Judicial Commentary on Defendant Silence and Presumption of Innocence

State v. Ament: Defining the Limits of Judicial Commentary on Defendant Silence and Presumption of Innocence

Date: May 14, 2025
State v. Ament: Defining the Limits of Judicial Commentary on Defendant Silence and Presumption of Innocence Introduction In State v. Ament, 2025 MT 97, the Supreme Court of Montana addressed...
Deliberate Revenge and Malice Murder: Interval Rule Clarified in Weston v. State

Deliberate Revenge and Malice Murder: Interval Rule Clarified in Weston v. State

Date: May 14, 2025
Deliberate Revenge and Malice Murder: Interval Rule Clarified in Weston v. State 1. Introduction Weston v. State, decided by the Supreme Court of Georgia on May 13, 2025, addresses two central...
Limits on Ineffective-Assistance Claims: Strategic DNA Expert Use & Booking-Question Exception in McIver v. State

Limits on Ineffective-Assistance Claims: Strategic DNA Expert Use & Booking-Question Exception in McIver v. State

Date: May 14, 2025
Limits on Ineffective-Assistance Claims: Strategic DNA Expert Use & Booking-Question Exception in McIver v. State Introduction McIver v. State, decided May 13, 2025 by the Supreme Court of Georgia,...
State v. Irving Johnson: Enforcing Rule 12 Notice Requirements and Declining Recognition of a Claim-of-Right Defense in Trespass

State v. Irving Johnson: Enforcing Rule 12 Notice Requirements and Declining Recognition of a Claim-of-Right Defense in Trespass

Date: May 14, 2025
State v. Irving Johnson: Enforcing Rule 12 Notice Requirements and Declining Recognition of a Claim-of-Right Defense in Trespass Introduction In State v. Irving Johnson, 2025 R.I. LEXIS ___, the...
Establishing Party Liability and Evidentiary Standards in Felony Murder and Conspiracy: Dougherty v. State (2025)

Establishing Party Liability and Evidentiary Standards in Felony Murder and Conspiracy: Dougherty v. State (2025)

Date: May 14, 2025
Establishing Party Liability and Evidentiary Standards in Felony Murder and Conspiracy: Dougherty v. State (2025) Introduction Dougherty v. State is a landmark decision from the Supreme Court of...
Mandatory Consideration of Elapsed “Street Time” Credit in Montana Revocation Proceedings

Mandatory Consideration of Elapsed “Street Time” Credit in Montana Revocation Proceedings

Date: May 14, 2025
Mandatory Consideration of Elapsed “Street Time” Credit in Montana Revocation Proceedings Introduction Williams v. Green, 2025 MT 102 (Mont. May 13, 2025), presents an important interpretive ruling...
Reaffirmation of Reasonable-Care Standard Over “Judgmental Immunity” in Georgia Legal Malpractice Claims

Reaffirmation of Reasonable-Care Standard Over “Judgmental Immunity” in Georgia Legal Malpractice Claims

Date: May 14, 2025
Reaffirmation of Reasonable-Care Standard Over “Judgmental Immunity” in Georgia Legal Malpractice Claims Introduction This commentary examines the Supreme Court of Georgia’s decision in Cox-Ott v....
Jurisdictional Trigger for Credit Accrual in Montana Sentencing and Revocations

Jurisdictional Trigger for Credit Accrual in Montana Sentencing and Revocations

Date: May 14, 2025
Jurisdictional Trigger for Credit Accrual in Montana Sentencing and Revocations Introduction State of Montana v. William James Pillans (2025 MT 100) is a Supreme Court of Montana decision clarifying...
Admissibility and Primacy of Child Advocacy Center Interviews in West Virginia Abuse & Neglect Proceedings

Admissibility and Primacy of Child Advocacy Center Interviews in West Virginia Abuse & Neglect Proceedings

Date: May 14, 2025
Admissibility and Primacy of CAC Interviews in West Virginia Abuse & Neglect Proceedings Introduction In In re K.H.-1, Z.H., N.H., C.H. & W.H., the Supreme Court of Appeals of West Virginia addressed...
Clarifying Effective Warranty Disclaimers and Cure Opportunities Under Indiana Law and the Magnuson-Moss Warranty Act

Clarifying Effective Warranty Disclaimers and Cure Opportunities Under Indiana Law and the Magnuson-Moss Warranty Act

Date: May 14, 2025
Clarifying Effective Warranty Disclaimers and Cure Opportunities Under Indiana Law and the Magnuson-Moss Warranty Act Introduction This commentary examines the Indiana Supreme Court’s decision in...
State v. Pajnich: Plea-Agreement Waiver of Elapsed Time Credit

State v. Pajnich: Plea-Agreement Waiver of Elapsed Time Credit

Date: May 14, 2025
State v. Pajnich: Plea-Agreement Waiver of Elapsed Time Credit Introduction In State v. Susan Joanne Pajnich, 2025 MT 101, the Supreme Court of Montana addressed whether a defendant who has agreed,...
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