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state Case Commentaries

Mississippi Supreme Court Authorizes $50 CLE Sponsor Application Fee as a Condition of Accreditation

Mississippi Supreme Court Authorizes $50 CLE Sponsor Application Fee as a Condition of Accreditation

Date: Oct 8, 2025
Mississippi Supreme Court Authorizes $50 CLE Sponsor Application Fee as a Condition of Accreditation Introduction This commentary examines the Mississippi Supreme Court’s administrative order in In...
Mississippi Supreme Court Adopts Official Civil Subpoena Forms (Forms 6–8) and Requires Conspicuous Ten‑Day Production Hold Under Rule 45

Mississippi Supreme Court Adopts Official Civil Subpoena Forms (Forms 6–8) and Requires Conspicuous Ten‑Day Production Hold Under Rule 45

Date: Oct 8, 2025
Mississippi Supreme Court Adopts Official Civil Subpoena Forms (Forms 6–8) and Requires Conspicuous Ten‑Day Production Hold Under Rule 45 Introduction In a rulemaking order titled “In re: The Rules...
Pleading-Stage Pathways Around the UCC Statute of Frauds: Joint Counsel’s Email May Qualify as a Merchant’s Confirmation, and Pre‑Closing Control May Constitute Receipt and Acceptance

Pleading-Stage Pathways Around the UCC Statute of Frauds: Joint Counsel’s Email May Qualify as a Merchant’s Confirmation, and Pre‑Closing Control May Constitute Receipt and Acceptance

Date: Oct 8, 2025
Pleading-Stage Pathways Around the UCC Statute of Frauds: Joint Counsel’s Email May Qualify as a Merchant’s Confirmation, and Pre‑Closing Control May Constitute Receipt and Acceptance Introduction In...
No Present Conveyance, No Deed: Mississippi High Court Holds “Upon Sale or My Death Shall Be Shared” Instruments Are Testamentary, Not Inter Vivos Conveyances

No Present Conveyance, No Deed: Mississippi High Court Holds “Upon Sale or My Death Shall Be Shared” Instruments Are Testamentary, Not Inter Vivos Conveyances

Date: Oct 8, 2025
No Present Conveyance, No Deed: Mississippi High Court Holds “Upon Sale or My Death Shall Be Shared” Instruments Are Testamentary, Not Inter Vivos Conveyances Introduction This commentary analyzes...
State v. Cooper: Connecticut Declines to Require Pre‑Waiver Adult Consultation for Juveniles; Totality of the Circumstances Governs Miranda Waivers

State v. Cooper: Connecticut Declines to Require Pre‑Waiver Adult Consultation for Juveniles; Totality of the Circumstances Governs Miranda Waivers

Date: Oct 8, 2025
State v. Cooper: Connecticut Declines to Require Pre‑Waiver Adult Consultation for Juveniles; Totality of the Circumstances Governs Miranda Waivers Introduction In State v. Cooper, SC 20865 (Conn....
No Per Se “Interested Adult” Rule for Juvenile Miranda Waivers: Connecticut Reaffirms Totality-of-the-Circumstances in State v. Cooper (2025)

No Per Se “Interested Adult” Rule for Juvenile Miranda Waivers: Connecticut Reaffirms Totality-of-the-Circumstances in State v. Cooper (2025)

Date: Oct 8, 2025
No Per Se “Interested Adult” Rule for Juvenile Miranda Waivers: Connecticut Reaffirms Totality-of-the-Circumstances in State v. Cooper (2025) Introduction In State v. Cooper, the Supreme Court of...
Ripeness at Sixty-Five and the Conformity Clause: Florida Rejects a Categorical “Elderly” Exemption from Execution in Smithers v. State (Fla. 2025)

Ripeness at Sixty-Five and the Conformity Clause: Florida Rejects a Categorical “Elderly” Exemption from Execution in Smithers v. State (Fla. 2025)

Date: Oct 8, 2025
Ripeness at Sixty-Five and the Conformity Clause: Florida Rejects a Categorical “Elderly” Exemption from Execution in Smithers v. State (Fla. 2025) Introduction In Samuel L. Smithers v. State of...
Juvenile Miranda Waivers and the Totality of the Circumstances: Commentary on State v. Cooper (Conn. 2025)

Juvenile Miranda Waivers and the Totality of the Circumstances: Commentary on State v. Cooper (Conn. 2025)

Date: Oct 8, 2025
Juvenile Miranda Waivers and the Totality of the Circumstances: Commentary on State v. Cooper (Conn. 2025) I. Introduction State v. Cooper, 0 Conn. 1 (officially released Sept. 30, 2025), is a...
Business Court “Divisions” Are District Court Divisions: Judges Must Be Elected; Legislature Cannot Create New Trial Courts by Statute

Business Court “Divisions” Are District Court Divisions: Judges Must Be Elected; Legislature Cannot Create New Trial Courts by Statute

Date: Oct 8, 2025
Business Court “Divisions” Are District Court Divisions: Judges Must Be Elected; Legislature Cannot Create New Trial Courts by Statute I. Introduction In WHITE AND WADDELL v. STITT (2025 OK 68), the...
No Unequal Bargaining Power Required: N.H. Supreme Court Affirms Constructive Trust and Applies Discovery Rule to Latent Ownership Claims in Family Business

No Unequal Bargaining Power Required: N.H. Supreme Court Affirms Constructive Trust and Applies Discovery Rule to Latent Ownership Claims in Family Business

Date: Oct 8, 2025
No Unequal Bargaining Power Required: N.H. Supreme Court Affirms Constructive Trust and Applies Discovery Rule to Latent Ownership Claims in Family Business Introduction In Michael L. McLaughlin v....
Locked Bedrooms as “Residential Structures”: Arizona Supreme Court Recognizes Nested Castles and Limits Co‑Occupant Invitations in Justification Law

Locked Bedrooms as “Residential Structures”: Arizona Supreme Court Recognizes Nested Castles and Limits Co‑Occupant Invitations in Justification Law

Date: Oct 8, 2025
Locked Bedrooms as “Residential Structures”: Arizona Supreme Court Recognizes Nested Castles and Limits Co‑Occupant Invitations in Justification Law Introduction In State of Arizona v. John Logan...
Corporate Media as “Citizens” Under Colorado’s Open Meetings Law: A Commentary on Sentinel Colorado v. Rodriguez

Corporate Media as “Citizens” Under Colorado’s Open Meetings Law: A Commentary on Sentinel Colorado v. Rodriguez

Date: Oct 8, 2025
Corporate Media as “Citizens” Under Colorado’s Open Meetings Law: A Commentary on Sentinel Colorado v. Rodriguez I. Introduction The Colorado Supreme Court’s decision in The Sentinel Colorado v....
Reaffirming the Totality Standard for Juvenile Miranda Waivers: Commentary on State v. Cooper (Conn. 2025)

Reaffirming the Totality Standard for Juvenile Miranda Waivers: Commentary on State v. Cooper (Conn. 2025)

Date: Oct 8, 2025
Reaffirming the Totality Standard for Juvenile Miranda Waivers: Commentary on State v. Cooper (Conn. 2025) I. Introduction The Supreme Court of Connecticut’s decision in State v. Cooper (SC 20865,...
Florida Supreme Court Clarifies That Agreeing to Decide Competency on Written Reports Is Not a Stipulation to Competency; Postconviction Competency Claims Remain Barred

Florida Supreme Court Clarifies That Agreeing to Decide Competency on Written Reports Is Not a Stipulation to Competency; Postconviction Competency Claims Remain Barred

Date: Oct 4, 2025
Florida Supreme Court Clarifies That Agreeing to Decide Competency on Written Reports Is Not a Stipulation to Competency; Postconviction Competency Claims Remain Barred Introduction In Mesac Damas v....
No Postconviction Do‑Over on Competency and No Ineffectiveness for Futile Evaluations: The Florida Supreme Court’s Clarification in Damas v. State

No Postconviction Do‑Over on Competency and No Ineffectiveness for Futile Evaluations: The Florida Supreme Court’s Clarification in Damas v. State

Date: Oct 4, 2025
No Postconviction Do‑Over on Competency and No Ineffectiveness for Futile Evaluations: The Florida Supreme Court’s Clarification in Damas v. State Court: Supreme Court of Florida Decision date:...
Premium-Based Injury Confers Standing, But Enforcement Is the Remedy: Idaho Supreme Court Limits Claims Arising from Illusory UIM Coverage

Premium-Based Injury Confers Standing, But Enforcement Is the Remedy: Idaho Supreme Court Limits Claims Arising from Illusory UIM Coverage

Date: Oct 4, 2025
Premium-Based Injury Confers Standing, But Enforcement Is the Remedy: Idaho Supreme Court Limits Claims Arising from Illusory UIM Coverage Case: Gilbert v. Progressive Northwestern Insurance Co.,...
No Public-Trial Violation from Sequestration of a Potential Witness: People v. Smith (Ill. 2025)

No Public-Trial Violation from Sequestration of a Potential Witness: People v. Smith (Ill. 2025)

Date: Oct 3, 2025
No Public-Trial Violation from Sequestration of a Potential Witness: People v. Smith (Ill. 2025) Introduction In People v. Smith, 2025 IL 130067, the Supreme Court of Illinois resolved multiple...
No Pro Se Representation of Others and Heightened Gatekeeping of Extraordinary Writs: Commentary on the Supreme Court of Ohio’s October 1, 2025 Case Announcements

No Pro Se Representation of Others and Heightened Gatekeeping of Extraordinary Writs: Commentary on the Supreme Court of Ohio’s October 1, 2025 Case Announcements

Date: Oct 2, 2025
No Pro Se Representation of Others and Heightened Gatekeeping of Extraordinary Writs: Commentary on the Supreme Court of Ohio’s October 1, 2025 Case Announcements Introduction On October 1, 2025, the...
Second Department Confirms Villages May Add MS4 Illicit-Discharge Cleanup Costs to the Tax Roll Without a Pre-Deprivation Hearing

Second Department Confirms Villages May Add MS4 Illicit-Discharge Cleanup Costs to the Tax Roll Without a Pre-Deprivation Hearing

Date: Oct 2, 2025
Second Department Confirms Villages May Add MS4 Illicit-Discharge Cleanup Costs to the Tax Roll Without a Pre-Deprivation Hearing Introduction Matter of Harbourview Realty, LLC v. Village of Roslyn...
Second Department Clarifies: LLC Law § 414 Does Not Permit Majority Removal of Member-Managers in Member-Managed LLCs Absent Express Contractual Authority

Second Department Clarifies: LLC Law § 414 Does Not Permit Majority Removal of Member-Managers in Member-Managed LLCs Absent Express Contractual Authority

Date: Oct 2, 2025
Second Department Clarifies: LLC Law § 414 Does Not Permit Majority Removal of Member-Managers in Member-Managed LLCs Absent Express Contractual Authority Case: Lengyel-Fushimi v. Bellis, 2025 NY...
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