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state Case Commentaries

Single-Application Continuity and Propane Tank Removal Standards under CF 111: Bourne’s Inc. v. Lemelson

Single-Application Continuity and Propane Tank Removal Standards under CF 111: Bourne’s Inc. v. Lemelson

Date: May 10, 2025
Single-Application Continuity and Propane Tank Removal Standards under CF 111: Bourne’s Inc. v. Lemelson Introduction In Bourne’s Inc. d/b/a v. Emmanuel Lemelson, the Vermont Supreme Court (May 9,...

        Implied-Consent Quantum Meruit Awards Survive the “Express-Contract Bar” – 
        An Analysis of JB Accounting Services, LLC v. Winters

Implied-Consent Quantum Meruit Awards Survive the “Express-Contract Bar” – An Analysis of JB Accounting Services, LLC v. Winters

Date: May 10, 2025
Implied-Consent Quantum Meruit Awards Survive the “Express-Contract Bar” – JB Accounting Services, LLC; JB Accounting Tax Service Check Cashing, LLC; JB Accounting Tax Services, LLC; and Jennifer...
Personal Motives, Corporate Shields: Alabama Supreme Court Narrows Vicarious Liability and Clarifies Causation in Intentional-Interference Claims – Commentary on Flickinger v. King (2025)

Personal Motives, Corporate Shields: Alabama Supreme Court Narrows Vicarious Liability and Clarifies Causation in Intentional-Interference Claims – Commentary on Flickinger v. King (2025)

Date: May 10, 2025
Personal Motives, Corporate Shields: Alabama Supreme Court Narrows Vicarious Liability and Clarifies Causation in Intentional-Interference Claims – Commentary on Flickinger v. King (2025) 1....
Legislative “Clarification” Cannot Override Binding Precedent: Separation of Powers and Ex Post Facto Constraints on Retroactive Sentencing Amendments

Legislative “Clarification” Cannot Override Binding Precedent: Separation of Powers and Ex Post Facto Constraints on Retroactive Sentencing Amendments

Date: May 10, 2025
Legislative “Clarification” Cannot Override Binding Precedent: Separation of Powers and Ex Post Facto Constraints on Retroactive Sentencing Amendments Introduction Yako W. Collins was convicted in...
Waiver of Tennessee QIC Privilege by Voluntary Disclosure

Waiver of Tennessee QIC Privilege by Voluntary Disclosure

Date: May 10, 2025
Waiver of Tennessee QIC Privilege by Voluntary Disclosure Introduction This commentary examines the Supreme Court of Tennessee’s decision in Payton Castillo v. David Lloyd Rex, M.D., 2025 WL ______...
LULAC v. Pate: Clarifying Organizational Standing—Resource Diversion Does Not Constitute Legally Cognizable Injury

LULAC v. Pate: Clarifying Organizational Standing—Resource Diversion Does Not Constitute Legally Cognizable Injury

Date: May 10, 2025
LULAC v. Pate: Clarifying Organizational Standing—Resource Diversion Does Not Constitute Legally Cognizable Injury Introduction League of United Latin American Citizens of Iowa (LULAC) filed suit in...
Statutory Antiretaliation Remedy Preempts Common-Law Public-Policy Wrongful Discharge Claims under the FCA

Statutory Antiretaliation Remedy Preempts Common-Law Public-Policy Wrongful Discharge Claims under the FCA

Date: May 10, 2025
Statutory Antiretaliation Remedy Preempts Common-Law Public-Policy Wrongful Discharge Claims under the FCA Introduction This commentary examines the Nebraska Supreme Court’s decision in Dibbern v....
Appealability of Interlocutory Orders and Mootness of Prejudgment Attachments Established in Czech v. Allen

Appealability of Interlocutory Orders and Mootness of Prejudgment Attachments Established in Czech v. Allen

Date: May 10, 2025
Appealability of Interlocutory Orders and Mootness of Prejudgment Attachments Established in Czech v. Allen Introduction In Czech v. Allen, 318 Neb. 904 (May 9, 2025), the Nebraska Supreme Court...
Discretion in Sentencing and PSI Requirements: State v. Danny Main, Jr.

Discretion in Sentencing and PSI Requirements: State v. Danny Main, Jr.

Date: May 10, 2025
Discretion in Sentencing and PSI Requirements: State v. Danny Main, Jr. Introduction In State v. Danny Main, Jr., 2025 VT 24‐AP‐146, the Vermont Supreme Court considered two primary issues on appeal...
“Of Record Before the Clock Runs”: The Alabama Supreme Court Reinforces the Rule 59.1 Filing Requirement in Williams v. ADHR

“Of Record Before the Clock Runs”: The Alabama Supreme Court Reinforces the Rule 59.1 Filing Requirement in Williams v. ADHR

Date: May 10, 2025
“Of Record Before the Clock Runs”: The Alabama Supreme Court Reinforces the Rule 59.1 Filing Requirement in Williams v. ADHR 1. Introduction In Teresa Williams and Barney's Childcare and Learning...
As-Is Clauses and Mutual Mistake in Property Settlements: Title vs. Physical Condition

As-Is Clauses and Mutual Mistake in Property Settlements: Title vs. Physical Condition

Date: May 10, 2025
As-Is Clauses and Mutual Mistake in Property Settlements: Title vs. Physical Condition Introduction In Soho Land Development, Inc. v. Oakland County Treasurer, Michigan Supreme Court No. 168022 (May...
State v. K.B.: Defining Reasonable Suspicion and the Boundaries of Juvenile Stops and Protective Searches

State v. K.B.: Defining Reasonable Suspicion and the Boundaries of Juvenile Stops and Protective Searches

Date: May 10, 2025
State v. K.B.: Defining Reasonable Suspicion and the Boundaries of Juvenile Stops and Protective Searches Introduction In State of Louisiana v. K.B. (2025-May-09), the Louisiana Supreme Court...
Non-Conforming Status by Prescription in Subdivision Regulation Enforcement

Non-Conforming Status by Prescription in Subdivision Regulation Enforcement

Date: May 10, 2025
Non-Conforming Status by Prescription in Subdivision Regulation Enforcement Introduction James and Kim McCormick own a 128.75-acre tract in Bossier Parish, Louisiana, accessed by a ten-foot-wide...
Mandatory Joinder of Vacancy-Filling Committees in Election Challenges: A Commentary on Matter of Wohl v. Bruen (2025)

Mandatory Joinder of Vacancy-Filling Committees in Election Challenges: A Commentary on Matter of Wohl v. Bruen (2025)

Date: May 10, 2025
Mandatory Joinder of Vacancy-Filling Committees in Election Challenges: A Commentary on Matter of Wohl v. Bruen (2025) 1. Introduction In Matter of Wohl v. Bruen, 238 A.D.3d 818 (2d Dep’t 2025), the...
Clarifying Jury Polling, Evidentiary Preservation, and Sentencing Standards: State v. Taylor (2025 ND 91)

Clarifying Jury Polling, Evidentiary Preservation, and Sentencing Standards: State v. Taylor (2025 ND 91)

Date: May 9, 2025
Clarifying Jury Polling, Evidentiary Preservation, and Sentencing Standards: State v. Taylor (2025 ND 91) Introduction State of North Dakota v. Jesse Taylor, Jr. arose from a transfer of a juvenile...
Defining “Substantially Different Harms”: Affirmation of the Double Jeopardy Exception Under Ark. Code Ann. § 5-1-114

Defining “Substantially Different Harms”: Affirmation of the Double Jeopardy Exception Under Ark. Code Ann. § 5-1-114

Date: May 9, 2025
Defining “Substantially Different Harms”: Affirmation of the Double Jeopardy Exception Under Ark. Code Ann. § 5-1-114 Introduction This case commentary examines the Supreme Court of Arkansas’s...
Johnson v. State: Clarifying the Scope of the Sixth Amendment Right to Present a Defense and the Exclusion of Irrelevant Sexual Conduct Evidence

Johnson v. State: Clarifying the Scope of the Sixth Amendment Right to Present a Defense and the Exclusion of Irrelevant Sexual Conduct Evidence

Date: May 9, 2025
Johnson v. State: Clarifying the Scope of the Sixth Amendment Right to Present a Defense and the Exclusion of Irrelevant Sexual Conduct Evidence Introduction In Johnson v. State, 2025 WL ____ (Del....
Recognition of Area Identification Signs as a Distinct Category under Municipal Code and Standing Limitations for Writ Relief

Recognition of Area Identification Signs as a Distinct Category under Municipal Code and Standing Limitations for Writ Relief

Date: May 9, 2025
Recognition of Area Identification Signs as a Distinct Category under Municipal Code and Standing Limitations for Writ Relief Introduction This commentary examines the Supreme Court of Nevada’s...
Strict Construction of School Board Sovereign Immunity Waiver Under Code § 22.1-194: Requirement of a Vehicle Involved in an Accident

Strict Construction of School Board Sovereign Immunity Waiver Under Code § 22.1-194: Requirement of a Vehicle Involved in an Accident

Date: May 9, 2025
Strict Construction of School Board Sovereign Immunity Waiver Under Code § 22.1-194: Requirement of a Vehicle Involved in an Accident Introduction This commentary examines the Supreme Court of...
Extending RCW 4.16.340: Childhood Sexual Abuse Statute of Limitations Applies to Continuing Abuse into Adulthood

Extending RCW 4.16.340: Childhood Sexual Abuse Statute of Limitations Applies to Continuing Abuse into Adulthood

Date: May 9, 2025
Extending RCW 4.16.340: Childhood Sexual Abuse Statute of Limitations Applies to Continuing Abuse into Adulthood Introduction M.R. v. State of Washington was decided by the Washington Supreme Court...
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