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  • Commentaries
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state Case Commentaries

Recognition of Area Identification Signs as a Distinct Category under the Reno Municipal Code

Recognition of Area Identification Signs as a Distinct Category under the Reno Municipal Code

Date: May 9, 2025
Recognition of Area Identification Signs as a Distinct Category under the Reno Municipal Code (RMC) Introduction In City of Reno v. Scenic Nevada, Inc. (Nos. 87514 & 87549, May 8, 2025), the Supreme...
Limitation of NRS 484E.040 to Public Highways: Private Property Excluded

Limitation of NRS 484E.040 to Public Highways: Private Property Excluded

Date: May 9, 2025
Limitation of NRS 484E.040 to Public Highways: Private Property Excluded Introduction This commentary examines the Supreme Court of Nevada’s advance opinion in Urias (Brandon) v. District Court...
Qualified Immunity and Administrative Remedy Exhaustion in Regulatory License Actions

Qualified Immunity and Administrative Remedy Exhaustion in Regulatory License Actions

Date: May 9, 2025
Qualified Immunity and Administrative Remedy Exhaustion in Regulatory License Actions Introduction ND Indoor RV Park, LLC (“the Park”) challenged the State of North Dakota’s decision—through the...
ESSB 5078 Upheld: Large-Capacity Magazines Are Not “Arms” Under Article I § 24 or the Second Amendment

ESSB 5078 Upheld: Large-Capacity Magazines Are Not “Arms” Under Article I § 24 or the Second Amendment

Date: May 9, 2025
ESSB 5078 Upheld: Large-Capacity Magazines Are Not “Arms” Under Article I § 24 or the Second Amendment Introduction In State of Washington v. Gator’s Custom Guns, Inc., No. 102940-3 (May 8, 2025),...
Reaffirming the Public Benefit Requirement Under New Mexico’s Whistleblower Protection Act

Reaffirming the Public Benefit Requirement Under New Mexico’s Whistleblower Protection Act

Date: May 9, 2025
Reaffirming the Public Benefit Requirement Under New Mexico’s Whistleblower Protection Act Introduction Lerma v. State, decided May 8, 2025 by the Supreme Court of New Mexico, resolved a deep...
Defining the Scope of Releases in Settlement Agreements: “Unnamed Third Parties” Exception Clarified

Defining the Scope of Releases in Settlement Agreements: “Unnamed Third Parties” Exception Clarified

Date: May 9, 2025
Defining the Scope of Releases in Settlement Agreements: “Unnamed Third Parties” Exception Clarified Introduction This commentary examines the 2025 North Dakota Supreme Court decision in ICON HD, LLC...
Prof.Cond.R.1.6 Violations: Sanction for Unauthorized Disclosure to Law Enforcement

Prof.Cond.R.1.6 Violations: Sanction for Unauthorized Disclosure to Law Enforcement

Date: May 9, 2025
Prof.Cond.R.1.6 Violations: Sanction for Unauthorized Disclosure to Law Enforcement Introduction Dayton Bar Association v. Daly, Slip Opinion No. 2025-Ohio-1624 (May 8, 2025), represents a...
Express Statutory Designation Mandate for Parole Ineligibility Under Act 683

Express Statutory Designation Mandate for Parole Ineligibility Under Act 683

Date: May 9, 2025
Express Statutory Designation Mandate for Parole Ineligibility Under Act 683 Introduction This commentary examines the Arkansas Supreme Court’s decision in Arkansas Post-Prison Transfer Board, et al....
Establishing Self-Defense Jury Instruction Standards for Deadly Force in Vehicle Assaults

Establishing Self-Defense Jury Instruction Standards for Deadly Force in Vehicle Assaults

Date: May 9, 2025
Establishing Self-Defense Jury Instruction Standards for Deadly Force in Vehicle Assaults Introduction Bryant Ross Montoya v. State of Wyoming, 2025 WY 52 (May 8, 2025), is a Supreme Court of Wyoming...
Landlord Non-Liability for Tenant’s Concealed Dog under a “No-Pet” Lease: Actual or Constructive Knowledge Requirement Clarified

Landlord Non-Liability for Tenant’s Concealed Dog under a “No-Pet” Lease: Actual or Constructive Knowledge Requirement Clarified

Date: May 9, 2025
Landlord Non-Liability for Tenant’s Concealed Dog under a “No-Pet” Lease: Actual or Constructive Knowledge Requirement Clarified Introduction TLM Investments, LLC v. Shanda Yates, decided by the...
Clarifying “Marriage Duration” and Res Judicata in Equitable Distribution: Nagle v. Nagle

Clarifying “Marriage Duration” and Res Judicata in Equitable Distribution: Nagle v. Nagle

Date: May 9, 2025
Clarifying “Marriage Duration” and Res Judicata in Equitable Distribution: Nagle v. Nagle Introduction Nagle v. Nagle, 2025 ND 94, is a landmark decision by the Supreme Court of North Dakota issued...
Upholding Procedural Bars and Rejecting As-Applied Execution Claims: Rogers v. State

Upholding Procedural Bars and Rejecting As-Applied Execution Claims: Rogers v. State

Date: May 9, 2025
Upholding Procedural Bars and Rejecting As-Applied Execution Claims: Rogers v. State Introduction Glen Edward Rogers v. State of Florida (No. SC2025-0585) is a May 8, 2025 decision of the Supreme...
Parole Authority Jurisdiction and the Proper Use of Extraordinary Writs: State ex rel. Ellis v. Adult Parole Authority

Parole Authority Jurisdiction and the Proper Use of Extraordinary Writs: State ex rel. Ellis v. Adult Parole Authority

Date: May 9, 2025
Parole Authority Jurisdiction and the Proper Use of Extraordinary Writs Introduction State ex rel. Ellis v. Adult Parole Authority, Slip Opinion No. 2025-Ohio-1625, decided May 8, 2025, presented...
Predominant Intent Requirement for Statutory No-Fault Separation Divorce

Predominant Intent Requirement for Statutory No-Fault Separation Divorce

Date: May 9, 2025
Predominant Intent Requirement for Statutory No-Fault Separation Divorce Introduction Lisann v. Lisann is a 2025 decision of the Supreme Court of Virginia resolving a novel question about the intent...
Recalibrating Home Rule: The Appellate Division Upholds New York’s Even-Year Election Law

Recalibrating Home Rule: The Appellate Division Upholds New York’s Even-Year Election Law

Date: May 8, 2025
Recalibrating Home Rule: The Appellate Division Upholds New York’s Even-Year Election Law Introduction County governments from eight regions (Onondaga, Nassau, Oneida, Rensselaer, Rockland, Dutchess,...
Clarification of Larceny by Conversion in Construction Deposits: Title and Possession Principles

Clarification of Larceny by Conversion in Construction Deposits: Title and Possession Principles

Date: May 8, 2025
Clarification of Larceny by Conversion in Construction Deposits: Title and Possession Principles Introduction This commentary examines the Michigan Supreme Court’s decision in People of the State of...
Clarifying Custodial Responsibility Under Ohio’s Public Records Act

Clarifying Custodial Responsibility Under Ohio’s Public Records Act

Date: May 8, 2025
Clarifying Custodial Responsibility Under Ohio’s Public Records Act Introduction State ex rel. Clark v. Ohio Department of Rehabilitation and Correction, 2025-Ohio-1611, arose from a pro se mandamus...
Municipalities Liable for Frivolous Litigation Under New Jersey Frivolous Litigation Statute

Municipalities Liable for Frivolous Litigation Under New Jersey Frivolous Litigation Statute

Date: May 8, 2025
Municipalities Liable for Frivolous Litigation Under New Jersey Frivolous Litigation Statute Introduction Borough of Englewood Cliffs v. Thomas J. Trautner (Supreme Court of New Jersey, decided May...
“Retention-of-Use” as a Badge of Fraud: The New Standard for Summary Judgment under Former DCL §§ 273 & 276

“Retention-of-Use” as a Badge of Fraud: The New Standard for Summary Judgment under Former DCL §§ 273 & 276

Date: May 8, 2025
“Retention-of-Use” as a Badge of Fraud: Appellate Division Reinforces Summary Judgment Standards in Schiffman v. Affordable Shoes, Ltd. (2025) 1. Introduction Matter of Schiffman v. Affordable Shoes,...
Defining “Toxic Gases” in VSSR Claims Under Former Ohio Adm.Code 4123:1-5-01(B)(4)

Defining “Toxic Gases” in VSSR Claims Under Former Ohio Adm.Code 4123:1-5-01(B)(4)

Date: May 8, 2025
Defining “Toxic Gases” in VSSR Claims Under Former Ohio Adm.Code 4123:1-5-01(B)(4) Introduction This commentary analyzes the Ohio Supreme Court’s decision in State ex rel. Culver v. Industrial...
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