state Case Commentaries

Expansion of Public Nuisance Liability to Opioid Distribution

Date: May 13, 2025

Expansion of Public Nuisance Liability to Opioid Distribution Introduction City of Huntington and Cabell County Commission v. AmerisourceBergen Drug Corporation is a certified-question appeal before...

Affirmation of Comprehensive Physician-Patient Privilege for Emergency Treatment Records

Date: May 13, 2025

Affirmation of Comprehensive Physician-Patient Privilege for Emergency Treatment Records Introduction In Re Lucas Trenshaw and Theresa Gardner, Personal Representative for the Estate of Timothy...

Judicial Restraint and the Necessity of Factual Foundations in Certified Public Nuisance Questions

Date: May 13, 2025

Judicial Restraint and the Necessity of Factual Foundations in Certified Public Nuisance Questions Introduction This commentary examines Justice Walker’s concurring opinion in City of Huntington and...

Roseberry v. North Slope: Differentiating “Public Concern” Standards and Limiting Preclusion After Federal Dismissal

Date: May 10, 2025

Roseberry v. North Slope: Differentiating “Public Concern” Standards and Limiting Preclusion After Federal Dismissal Introduction In Roseberry v. North Slope Borough School District and North Slope...

Broad Enforcement of Iowa’s Credit Agreement Statute of Frauds: Bar to Tort Claims Arising from Unwritten Agreements

Date: May 10, 2025

Broad Enforcement of Iowa’s Credit Agreement Statute of Frauds: Bar to Tort Claims Arising from Unwritten Agreements Introduction County Bank v. Shalla (Iowa 2025) centers on a dispute arising from...

Defining Post-Abandonment Waiver: Renunciation Under La. C.C.P. Art. 561

Date: May 10, 2025

Defining Post-Abandonment Waiver: Renunciation Under La. C.C.P. Art. 561 Introduction The Supreme Court of Louisiana’s decision in Foundation Elevation & Repair, LLC v. Kenneth Miller and Doreen...

In Camera Review Requirement for Surveillance Videotape Impeachment Evidence under La. C.E. art. 607(D)(2)

Date: May 10, 2025

In Camera Review Requirement for Surveillance Videotape Impeachment Evidence under La. C.E. art. 607(D)(2) Introduction This commentary examines the Louisiana Supreme Court’s decision in Bradley Day...

Mandating Full Compliance with Injunctions: Defining Scope of Prohibited Discharge and Standards for Contempt

Date: May 10, 2025

Mandating Full Compliance with Injunctions: Defining Scope of Prohibited Discharge and Standards for Contempt Introduction This commentary examines the Vermont Supreme Court’s decision in Aerie Point...

Adverse Possession Demands Credible, Specific Proof of Exclusive Use for Ten Years

Date: May 10, 2025

Adverse Possession Demands Credible, Specific Proof of Exclusive Use for Ten Years Introduction These consolidated appeals arise from a boundary dispute between Edgar Sepulveda, as Trustee of the 7...

Establishing Nonmarital Inheritance by Testimony Alone: Backhaus v. Backhaus

Date: May 10, 2025

Establishing Nonmarital Inheritance by Testimony Alone: Backhaus v. Backhaus Introduction Backhaus v. Backhaus, 318 Neb. 891 (2025), clarifies the evidentiary standard for classifying inherited funds...

Manifest-Error Standard Governs Mixed Questions of Law and Fact in CDL Disqualification Proceedings

Date: May 10, 2025

Manifest-Error Standard Governs Mixed Questions of Law and Fact in CDL Disqualification Proceedings Introduction Theophilus Roland, Jr. v. Louisiana Department of Public Safety and Corrections, No....

Prohibition on Joinder of Capital and Non-Capital Felony Charges Under Louisiana Law

Date: May 10, 2025

Prohibition on Joinder of Capital and Non-Capital Felony Charges Under Louisiana Law Introduction In State of Louisiana v. Davieontray Lee Breaux, the Louisiana Supreme Court addressed whether...

Strict Enforcement of Vermont Rule 3(a): Timely Service and Limits on Equitable Estoppel

Date: May 10, 2025

Strict Enforcement of Vermont Rule 3(a): Timely Service and Limits on Equitable Estoppel Introduction In Adriana Cunha-Salomon et al. v. Williamson Group, LLC d/b/a Williamson Group Sotheby’s...

“Home Is Where the Writ Is”: The Alabama Supreme Court Presumes a Marital Residence to Be a Defendant’s “Usual Place of Abode” and Clarifies Adult-Child Acceptance of Service under Rule 4

Date: May 10, 2025

“Home Is Where the Writ Is”: The Alabama Supreme Court Presumes a Marital Residence to Be a Defendant’s “Usual Place of Abode” and Clarifies Adult-Child Acceptance of Service under Rule 4 I....

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state Case Commentaries

Expansion of Public Nuisance Liability to Opioid Distribution

Affirmation of Comprehensive Physician-Patient Privilege for Emergency Treatment Records

Judicial Restraint and the Necessity of Factual Foundations in Certified Public Nuisance Questions

Roseberry v. North Slope: Differentiating “Public Concern” Standards and Limiting Preclusion After Federal Dismissal

Broad Enforcement of Iowa’s Credit Agreement Statute of Frauds: Bar to Tort Claims Arising from Unwritten Agreements

Defining Post-Abandonment Waiver: Renunciation Under La. C.C.P. Art. 561

In Camera Review Requirement for Surveillance Videotape Impeachment Evidence under La. C.E. art. 607(D)(2)

Mandating Full Compliance with Injunctions: Defining Scope of Prohibited Discharge and Standards for Contempt

Adverse Possession Demands Credible, Specific Proof of Exclusive Use for Ten Years

Establishing Nonmarital Inheritance by Testimony Alone: Backhaus v. Backhaus

Manifest-Error Standard Governs Mixed Questions of Law and Fact in CDL Disqualification Proceedings

Prohibition on Joinder of Capital and Non-Capital Felony Charges Under Louisiana Law

Strict Enforcement of Vermont Rule 3(a): Timely Service and Limits on Equitable Estoppel

“Home Is Where the Writ Is”: The Alabama Supreme Court Presumes a Marital Residence to Be a Defendant’s “Usual Place of Abode” and Clarifies Adult-Child Acceptance of Service under Rule 4

Smith v. Municipality of Anchorage: Full Appellate Review of Municipal Campsite Abatements

Qualified Immunity Under Iowa Code §670.4A Limits and Pseudonymous Pleading Standards

Clarifying the “Compelling Reason” Standard for Psychological Examinations of Complainants

Clarifying the Ten-Year Exclusive Use Requirement and Credibility Assessment in Adverse Possession

Mandamus Under Rule 75 and Single‐Credit Rule for Consecutive Sentences: Burke v. Deml

Equitable Offsetting of Spousal Maintenance with Property Awards in Vermont Divorce Law