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  • Commentaries
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state Case Commentaries

Prospective-Only Licensing under RPAPL § 881 and Judicial Power to Revive Expired Access Terms: Commentary on Franklin Carroll, LLC v. Carroll Development Plaza, LLC (2025)

Prospective-Only Licensing under RPAPL § 881 and Judicial Power to Revive Expired Access Terms: Commentary on Franklin Carroll, LLC v. Carroll Development Plaza, LLC (2025)

Date: May 8, 2025
Prospective-Only Licensing under RPAPL § 881 and Judicial Power to Revive Expired Access Terms Commentary on Franklin Carroll, LLC v. Carroll Development Plaza, LLC (2025) Introduction The Appellate...
Conte v. Tri-State Tech.: Affidavits Are Not “Documentary Evidence” Under CPLR 3211(a)(1) and Pleading Standards for Wage-and-Hour Claims Clarified

Conte v. Tri-State Tech.: Affidavits Are Not “Documentary Evidence” Under CPLR 3211(a)(1) and Pleading Standards for Wage-and-Hour Claims Clarified

Date: May 8, 2025
Conte v. Tri-State Tech.: Affidavits Are Not “Documentary Evidence” Under CPLR 3211(a)(1) and Pleading Standards for Wage-and-Hour Claims Clarified 1. Introduction Conte v. Tri-State Technologies,...
Extending the “Gravity-Related Hazard” Doctrine to Work on Permanent Staircases: 
Commentary on Cagua v. Bushwick Holdings, LLC (2025 NY Slip Op 02753)

Extending the “Gravity-Related Hazard” Doctrine to Work on Permanent Staircases: Commentary on Cagua v. Bushwick Holdings, LLC (2025 NY Slip Op 02753)

Date: May 8, 2025
Extending the “Gravity-Related Hazard” Doctrine to Work on Permanent Staircases: Commentary on Cagua v. Bushwick Holdings, LLC (App. Div. 2d Dep’t 2025) Introduction Cagua v. Bushwick Holdings, LLC...
Langton v. Sussman & Watkins: The Clarified Threshold for Pleading Attorney Deceit under Judiciary Law § 487 and the Appellate Division’s Re-affirmation of its Anti-Vexatious-Litigation Power

Langton v. Sussman & Watkins: The Clarified Threshold for Pleading Attorney Deceit under Judiciary Law § 487 and the Appellate Division’s Re-affirmation of its Anti-Vexatious-Litigation Power

Date: May 8, 2025
Langton v. Sussman & Watkins: The Clarified Threshold for Pleading Attorney Deceit under Judiciary Law § 487 and the Appellate Division’s Re-affirmation of its Anti-Vexatious-Litigation Power...
In re L.B.-1 and K.B.: Adjudication on Consistent Disclosures and Denial of Improvement Period for Non-Cooperation

In re L.B.-1 and K.B.: Adjudication on Consistent Disclosures and Denial of Improvement Period for Non-Cooperation

Date: May 7, 2025
In re L.B.-1 and K.B.: Adjudication on Consistent Disclosures and Denial of Improvement Period for Non-Cooperation Introduction In the Supreme Court of Appeals of West Virginia decision In re L.B.-1...
Admissibility and Sufficiency of Circumstantial and Expert Evidence under Daubert: Arnold v. State

Admissibility and Sufficiency of Circumstantial and Expert Evidence under Daubert: Arnold v. State

Date: May 7, 2025
Admissibility and Sufficiency of Circumstantial and Expert Evidence under Daubert: Arnold v. State Introduction The Supreme Court of Georgia’s decision in Arnold v. State, S25A0263 (May 6, 2025),...
Limitation on Waiver of Probation Revocation Hearings: Due Process Requirement under OCGA § 42-8-34.1(b)

Limitation on Waiver of Probation Revocation Hearings: Due Process Requirement under OCGA § 42-8-34.1(b)

Date: May 7, 2025
Limitation on Waiver of Probation Revocation Hearings: Due Process Requirement under OCGA § 42-8-34.1(b) Introduction In Greathouse v. The State (Court of Appeals of Georgia, November 18, 2024), Jody...
Clarifying the Castle Doctrine Exception to the Duty to Retreat in Self-Defense

Clarifying the Castle Doctrine Exception to the Duty to Retreat in Self-Defense

Date: May 7, 2025
Clarifying the Castle Doctrine Exception to the Duty to Retreat in Self-Defense 1. Introduction The Supreme Court of New Jersey’s decision in State v. John T. Bragg (May 6, 2025) addresses a pivotal...
Kinship Placement vs. Foster Care: Defining Intervention Rights Under West Virginia Law

Kinship Placement vs. Foster Care: Defining Intervention Rights Under West Virginia Law

Date: May 7, 2025
Kinship Placement vs. Foster Care: Defining Intervention Rights Under West Virginia Law 1. Introduction In the Supreme Court of Appeals of West Virginia’s decision in In re J.W. (No. 24-147, May 6,...
Failure to Acknowledge Sexual Abuse as Grounds for Termination of Parental Rights

Failure to Acknowledge Sexual Abuse as Grounds for Termination of Parental Rights

Date: May 7, 2025
Failure to Acknowledge Sexual Abuse as Grounds for Termination of Parental Rights Introduction In the matter of In re M.M., H.M., S.M., K.M., and G.M., the Supreme Court of Appeals of West Virginia...
Affirmation of Discretion in Marital Dissolution: In re Marriage of Martin

Affirmation of Discretion in Marital Dissolution: In re Marriage of Martin

Date: May 7, 2025
Affirmation of Discretion in Marital Dissolution: In re Marriage of Martin Introduction In the noncitable memorandum decision In re Marriage of Martin (2025 MT 94N), the Supreme Court of Montana...
As-Applied Vagueness Limits on Criminalizing Presence at Secure Facilities

As-Applied Vagueness Limits on Criminalizing Presence at Secure Facilities

Date: May 7, 2025
As-Applied Vagueness Limits on Criminalizing Presence at Secure Facilities Introduction This commentary examines the Georgia Supreme Court’s decision in Metz v. State (May 6, 2025), which upholds the...
Preservation of Suppression Objections and Strickland Prejudice in Carrillo v. State

Preservation of Suppression Objections and Strickland Prejudice in Carrillo v. State

Date: May 7, 2025
Preservation of Suppression Objections and Strickland Prejudice in Carrillo v. State Introduction The Supreme Court of Georgia’s decision in Carrillo v. State, decided May 6, 2025, reaffirms two...
No Reasonable Likelihood, No Less Restrictive Alternative: Affirming Termination of Parental Rights under WV Code §49-4-604(c)(6)

No Reasonable Likelihood, No Less Restrictive Alternative: Affirming Termination of Parental Rights under WV Code §49-4-604(c)(6)

Date: May 7, 2025
No Reasonable Likelihood, No Less Restrictive Alternative: Affirming Termination of Parental Rights under WV Code §49-4-604(c)(6) Introduction This commentary examines the Supreme Court of West...
In re P.M.: Necessity of Terminating Parental Rights in Cases of Chronic Parental Absence and Violent Criminal Conduct

In re P.M.: Necessity of Terminating Parental Rights in Cases of Chronic Parental Absence and Violent Criminal Conduct

Date: May 7, 2025
In re P.M.: Necessity of Terminating Parental Rights in Cases of Chronic Parental Absence and Violent Criminal Conduct Introduction In In re P.M. (No. 24-215, W. Va. May 6, 2025), the Supreme Court...
Affirmation of “No Reasonable Likelihood” Standard in Parental Termination Under WV Code §49-4-604(c)(6)

Affirmation of “No Reasonable Likelihood” Standard in Parental Termination Under WV Code §49-4-604(c)(6)

Date: May 7, 2025
Affirmation of “No Reasonable Likelihood” Standard in Parental Termination Under WV Code §49-4-604(c)(6) Introduction The Supreme Court of Appeals of West Virginia issued a memorandum decision in In...
Substantial Compliance Requirement for Post-Adjudicatory Improvement Period Extensions in Abuse and Neglect Proceedings

Substantial Compliance Requirement for Post-Adjudicatory Improvement Period Extensions in Abuse and Neglect Proceedings

Date: May 7, 2025
Substantial Compliance Requirement for Post-Adjudicatory Improvement Period Extensions in Abuse and Neglect Proceedings Introduction In In re C.S., A.B., and G.K., the Supreme Court of Appeals of...
“From Notice to Action” – The Donaldson Standard on Engineering Delays and Suicide-Prevention Duties for Bridge Owners

“From Notice to Action” – The Donaldson Standard on Engineering Delays and Suicide-Prevention Duties for Bridge Owners

Date: May 7, 2025
“From Notice to Action” – The Donaldson Standard on Engineering Delay, Suicide-Prevention Measures and the Bridge Owner’s Duty of Reasonable Care Introduction Donaldson v. Port Authority of New York...
OCGA § 15-11-32 Precludes Setting Aside Juvenile Termination Orders for Post-Judgment Counsel Mistakes

OCGA § 15-11-32 Precludes Setting Aside Juvenile Termination Orders for Post-Judgment Counsel Mistakes

Date: May 7, 2025
OCGA § 15-11-32 Precludes Setting Aside Juvenile Termination Orders for Post-Judgment Counsel Mistakes Introduction This case arises from the Court of Appeals of Georgia’s review of a juvenile...
Clarifying Exceptions to Autopsy Photograph Exemption under Georgia’s Open Records Act

Clarifying Exceptions to Autopsy Photograph Exemption under Georgia’s Open Records Act

Date: May 7, 2025
Clarifying Exceptions to Autopsy Photograph Exemption under Georgia’s Open Records Act Introduction In Wallace v. State, 345 Ga. ___ (2025), the Supreme Court of Georgia addressed whether autopsy...
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