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  • Commentaries
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state Case Commentaries

Respondeat Superior Liability of Supervising Physicians for Medical Students’ Negligence

Respondeat Superior Liability of Supervising Physicians for Medical Students’ Negligence

Date: May 14, 2025
Respondeat Superior Liability of Supervising Physicians for Medical Students’ Negligence Introduction In Statham v. Quang (S24G0842), decided May 13, 2025 by the Supreme Court of Georgia, the Court...
Establishing Finality in Habeas Corpus Review: Requirement for Demonstrating a Final Judgment Before Granting Relief

Establishing Finality in Habeas Corpus Review: Requirement for Demonstrating a Final Judgment Before Granting Relief

Date: May 14, 2025
Establishing Finality in Habeas Corpus Review: Requirement for Demonstrating a Final Judgment Before Granting Relief Introduction Case Name: Joseph, Warden v. Ingram (and Vice Versa) Court: Supreme...
In re L.T. and I.T.: Suitability Determination as a Prerequisite to Grandparent Home Studies Under W. Va. Code § 49-4-114

In re L.T. and I.T.: Suitability Determination as a Prerequisite to Grandparent Home Studies Under W. Va. Code § 49-4-114

Date: May 14, 2025
In re L.T. and I.T.: Suitability Determination as a Prerequisite to Grandparent Home Studies Under W. Va. Code § 49-4-114 Introduction The Supreme Court of Appeals of West Virginia decided In re L.T....
Recorded Deed Insufficient Alone to Establish Constructive Possession for Adverse Possession Under Color of Title

Recorded Deed Insufficient Alone to Establish Constructive Possession for Adverse Possession Under Color of Title

Date: May 14, 2025
Recorded Deed Insufficient Alone to Establish Constructive Possession for Adverse Possession Under Color of Title Introduction This commentary examines the Supreme Court of Georgia’s decision in...
Active Efforts under ICWA and Termination of Parental Rights: Matter of J.T.L.

Active Efforts under ICWA and Termination of Parental Rights: Matter of J.T.L.

Date: May 14, 2025
Active Efforts under ICWA and Termination of Parental Rights: Matter of J.T.L. Introduction The Supreme Court of Montana’s decision in Matter of J.T.L., 2025 MT 98, clarifies how “active efforts”...
Clarifying Willfulness in Unemployment Benefits Fraud under Idaho Code §72-1366(12)

Clarifying Willfulness in Unemployment Benefits Fraud under Idaho Code §72-1366(12)

Date: May 14, 2025
Clarifying Willfulness in Unemployment Benefits Fraud under Idaho Code §72-1366(12) Introduction The Supreme Court of Idaho’s decision in Flynn v. Sun Valley Brewing Company, 50921 (May 13, 2025),...
Mandate for Comprehensive Fact-Finding in Declaratory Challenges to Zoning Ordinance Validity

Mandate for Comprehensive Fact-Finding in Declaratory Challenges to Zoning Ordinance Validity

Date: May 14, 2025
Mandate for Comprehensive Fact-Finding in Declaratory Challenges to Zoning Ordinance Validity Introduction Koziol Firearms, Inc. v. Kevin Marchand, in his capacity as member of the Zoning Board of...
Curable Indictment Amendments Are Non-Jurisdictional; Prejudice-Driven Relief for Erroneous Felony-Murder Jury Instructions

Curable Indictment Amendments Are Non-Jurisdictional; Prejudice-Driven Relief for Erroneous Felony-Murder Jury Instructions

Date: May 14, 2025
Curable Indictment Amendments Are Non-Jurisdictional; Prejudice-Driven Relief for Erroneous Felony-Murder Jury Instructions Introduction In Kellam v. State, 317 A.3d 289 (Del. 2025), the Delaware...
Clarifying “Active Efforts” Under ICWA and the Presumptive Termination Rule in Montana Dependency Cases

Clarifying “Active Efforts” Under ICWA and the Presumptive Termination Rule in Montana Dependency Cases

Date: May 14, 2025
Clarifying “Active Efforts” Under ICWA and the Presumptive Termination Rule in Montana Dependency Cases Introduction Matter of D.L.L. & J.T.L., 2025 MT 98 (Mont. 2025), is a Supreme Court of Montana...
Procedural Time Limits Versus Jurisdiction in Involuntary Commitment Extensions: In re M.H.W.

Procedural Time Limits Versus Jurisdiction in Involuntary Commitment Extensions: In re M.H.W.

Date: May 14, 2025
Procedural Time Limits Versus Jurisdiction in Involuntary Commitment Extensions: In re M.H.W. Introduction In In the Matter of M.H.W. (2025 MT 96), the Supreme Court of Montana addressed whether a...
Grosvold v. Neely: Residential Construction Defect Statute as Procedural Mechanism, Not Independent Cause of Action

Grosvold v. Neely: Residential Construction Defect Statute as Procedural Mechanism, Not Independent Cause of Action

Date: May 14, 2025
Grosvold v. Neely: Residential Construction Defect Statute as Procedural Mechanism, Not Independent Cause of Action Introduction Grosvold v. Neely, 2025 MT 99 (Mont. 2025), arose from a dispute...
Clarifying Accrual of Credit for Time Served and Elapsed Time in Montana: State v. Pillans Precedent

Clarifying Accrual of Credit for Time Served and Elapsed Time in Montana: State v. Pillans Precedent

Date: May 14, 2025
Clarifying Accrual of Credit for Time Served and Elapsed Time in Montana: State v. Pillans Precedent Introduction In State of Montana v. William James Pillans (2025 MT 100), the Montana Supreme Court...
Proportionality over Parity: The First Department’s Re-Calibration of Reciprocal Discipline in Matter of Fenstermaker

Proportionality over Parity: The First Department’s Re-Calibration of Reciprocal Discipline in Matter of Fenstermaker

Date: May 14, 2025
Proportionality over Parity: The First Department’s Re-Calibration of Reciprocal Discipline in Matter of Fenstermaker Introduction In Matter of Fenstermaker, 2025 NY Slip Op 02878, the Appellate...
Pretext Conversations and Voluntary Out-of-Custody Statements

Pretext Conversations and Voluntary Out-of-Custody Statements

Date: May 13, 2025
Pretext Conversations and Voluntary Out-of-Custody Statements Introduction The People of the State of Colorado v. Patrick Nkongolo (2025 CO 20) arises from an interlocutory appeal in a...
State Tort Claims for Climate Change Damages Are Not Preempted by Federal Law

State Tort Claims for Climate Change Damages Are Not Preempted by Federal Law

Date: May 13, 2025
State Tort Claims for Climate Change Damages Are Not Preempted by Federal Law Introduction In In Re County Commissioners of Boulder County and City of Boulder v. Suncor Energy USA, Inc., et al., 2025...
Exhaustion of Remedies and the Narrow Scope of Mandamus in Administrative Appeals

Exhaustion of Remedies and the Narrow Scope of Mandamus in Administrative Appeals

Date: May 13, 2025
Exhaustion of Remedies and the Narrow Scope of Mandamus in Administrative Appeals Introduction Karpoff v. Sussex County Board of Adjustment is a 2025 decision of the Supreme Court of Delaware...
Declination of Certified Question on Public Nuisance from Opioid Distribution

Declination of Certified Question on Public Nuisance from Opioid Distribution

Date: May 13, 2025
Declination of Certified Question on Public Nuisance from Opioid Distribution Introduction In City of Huntington and Cabell County Commission v. AmerisourceBergen Drug Corporation, the Supreme Court...
State v. Morgan: Deliberate Intent by Circumstance and Boundaries on Prosecutorial Commentary on Silence

State v. Morgan: Deliberate Intent by Circumstance and Boundaries on Prosecutorial Commentary on Silence

Date: May 13, 2025
State v. Morgan: Deliberate Intent by Circumstance and Boundaries on Prosecutorial Commentary on Silence Introduction In State v. Morgan, decided May 12, 2025 by the Supreme Court of New Mexico, the...
Limiting Counterman’s Recklessness Requirement to True-Threats Stalking Charges

Limiting Counterman’s Recklessness Requirement to True-Threats Stalking Charges

Date: May 13, 2025
Limiting Counterman’s Recklessness Requirement to True-Threats Stalking Charges Introduction In In Re The People of the State of Colorado v. David Samuel Crawford (2025 CO 22), the Colorado Supreme...
Non-Content-Based Stalking: Mens Rea Clarification in In Re People v. Crawford (2025 CO 22)

Non-Content-Based Stalking: Mens Rea Clarification in In Re People v. Crawford (2025 CO 22)

Date: May 13, 2025
Non-Content-Based Stalking: Mens Rea Clarification in In Re People v. Crawford (2025 CO 22) Introduction In In Re The People of the State of Colorado v. David Samuel Crawford (2025 CO 22), the...
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