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  • Commentaries
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state Case Commentaries

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...
No Duty Shift Without Proven Refusal: Conditional Consent Preserves Strict Liability Under NYC BC § 3309.4

No Duty Shift Without Proven Refusal: Conditional Consent Preserves Strict Liability Under NYC BC § 3309.4

Date: Oct 2, 2025
No Duty Shift Without Proven Refusal: Conditional Consent Preserves Strict Liability Under NYC BC § 3309.4 Introduction In K.K. Machine Co., Inc. v. Grillo, 2025 NY Slip Op 05225 (App Div, 2d Dept...
The “Probate Gap” and URLTA in Alaska: Reasonableness of Estate Mitigation, Non‑Willful Deposit Withholding, and Full Fee Recovery for Prevailing Landlords

The “Probate Gap” and URLTA in Alaska: Reasonableness of Estate Mitigation, Non‑Willful Deposit Withholding, and Full Fee Recovery for Prevailing Landlords

Date: Oct 2, 2025
The “Probate Gap” and URLTA in Alaska: Reasonableness of Estate Mitigation, Non‑Willful Deposit Withholding, and Full Fee Recovery for Prevailing Landlords Court: Supreme Court of the State of Alaska...
No-Contest Clause Reaches Trust Benefits: Second Department Affirms Forfeiture for Probate Objections and Clarifies Delivery-Over-Recording Rule for Deeds to Trusts

No-Contest Clause Reaches Trust Benefits: Second Department Affirms Forfeiture for Probate Objections and Clarifies Delivery-Over-Recording Rule for Deeds to Trusts

Date: Oct 2, 2025
No-Contest Clause Reaches Trust Benefits: Second Department Affirms Forfeiture for Probate Objections and Clarifies Delivery-Over-Recording Rule for Deeds to Trusts Introduction In Matter of Austin,...
Bypassing Batson Step One in Idaho: State v. Buck Clarifies Hernandez Mootness and Affirms Broad Trial-Court Discretion

Bypassing Batson Step One in Idaho: State v. Buck Clarifies Hernandez Mootness and Affirms Broad Trial-Court Discretion

Date: Oct 2, 2025
Bypassing Batson Step One in Idaho: State v. Buck Clarifies Hernandez Mootness and Affirms Broad Trial-Court Discretion Introduction In State v. Buck, the Idaho Supreme Court affirmed the conviction...
New York Affirms Unilateral, No‑Cause Partner Expulsion by Managing Partner and Automatic Loss of Affiliated LLC Membership: South Shore Eye Care, LLP v. Lane

New York Affirms Unilateral, No‑Cause Partner Expulsion by Managing Partner and Automatic Loss of Affiliated LLC Membership: South Shore Eye Care, LLP v. Lane

Date: Oct 2, 2025
New York Affirms Unilateral, No‑Cause Partner Expulsion by Managing Partner and Automatic Loss of Affiliated LLC Membership: South Shore Eye Care, LLP v. Lane Introduction In South Shore Eye Care,...
UPHPA Good-Faith Negotiation Requires Consideration of RPAPL 993(9) Equities; Failure Mandates Dismissal — Commentary on Laurelton Estates, LLC v. Prince

UPHPA Good-Faith Negotiation Requires Consideration of RPAPL 993(9) Equities; Failure Mandates Dismissal — Commentary on Laurelton Estates, LLC v. Prince

Date: Oct 2, 2025
UPHPA Good-Faith Negotiation Requires Consideration of RPAPL 993(9) Equities; Failure Mandates Dismissal Comprehensive Commentary on Laurelton Estates, LLC v. Prince, 2025 NY Slip Op 05226 (2d Dep’t...
Laches and Missing Proof Bar Post‑Satisfaction Attacks on Article 52 Enforcement; Renewal Requires Strict Justification — Commentary on GTR Source, LLC v. Zomongo.TV USA, Inc.

Laches and Missing Proof Bar Post‑Satisfaction Attacks on Article 52 Enforcement; Renewal Requires Strict Justification — Commentary on GTR Source, LLC v. Zomongo.TV USA, Inc.

Date: Oct 2, 2025
Laches and Missing Proof Bar Post‑Satisfaction Attacks on Article 52 Enforcement; Renewal Requires Strict Justification Introduction This commentary examines the Appellate Division, Second...
Barron v. City of New York: Inspection and Routine Maintenance Outside Labor Law §§ 240(1) and 241(6); “Storm in Progress” Bars § 200/Common-Law Negligence; Defense-Cost Indemnification Claim Survives

Barron v. City of New York: Inspection and Routine Maintenance Outside Labor Law §§ 240(1) and 241(6); “Storm in Progress” Bars § 200/Common-Law Negligence; Defense-Cost Indemnification Claim Survives

Date: Oct 2, 2025
Barron v. City of New York: Inspection and Routine Maintenance Outside Labor Law §§ 240(1) and 241(6); “Storm in Progress” Bars § 200/Common-Law Negligence; Defense-Cost Indemnification Claim...
No Stipulation to Competency by Agreeing to Written Reports: Florida Supreme Court Reaffirms Procedural Bars, Strickland, and Rule 3.852 Limits in Mesac Damas v. State

No Stipulation to Competency by Agreeing to Written Reports: Florida Supreme Court Reaffirms Procedural Bars, Strickland, and Rule 3.852 Limits in Mesac Damas v. State

Date: Oct 2, 2025
No Stipulation to Competency by Agreeing to Written Reports: Florida Supreme Court Reaffirms Procedural Bars, Strickland, and Rule 3.852 Limits in Mesac Damas v. State Introduction This commentary...
Ohio Supreme Court Clarifies: A Pending Adoption Petition Does Not Divest Juvenile Courts of Their Continuing Jurisdiction under R.C. 2151.353 and 2151.417

Ohio Supreme Court Clarifies: A Pending Adoption Petition Does Not Divest Juvenile Courts of Their Continuing Jurisdiction under R.C. 2151.353 and 2151.417

Date: Oct 2, 2025
Ohio Supreme Court Clarifies: A Pending Adoption Petition Does Not Divest Juvenile Courts of Their Continuing Jurisdiction under R.C. 2151.353 and 2151.417 Introduction In State ex rel. T.B. v....
No Mandamus to Force Prosecution of Private‑Citizen Affidavits under R.C. 2935.09/.10: Commentary on State ex rel. Rankin v. State, 2025-Ohio-4483

No Mandamus to Force Prosecution of Private‑Citizen Affidavits under R.C. 2935.09/.10: Commentary on State ex rel. Rankin v. State, 2025-Ohio-4483

Date: Oct 2, 2025
No Mandamus to Force Prosecution of Private‑Citizen Affidavits under R.C. 2935.09/.10 In-depth Commentary on State ex rel. Rankin v. State, 2025-Ohio-4483 (Supreme Court of Ohio) Introduction This...
Concurrent Misconduct Can Warrant Consecutive Extensions of Disbarment: Louisiana Supreme Court Endorses a “Nature-and-Number” Approach Under Chatelain, With Post-Disbarment Noncooperation Considered Separately

Concurrent Misconduct Can Warrant Consecutive Extensions of Disbarment: Louisiana Supreme Court Endorses a “Nature-and-Number” Approach Under Chatelain, With Post-Disbarment Noncooperation Considered Separately

Date: Oct 2, 2025
Concurrent Misconduct Can Warrant Consecutive Extensions of Disbarment: Louisiana Supreme Court Endorses a “Nature-and-Number” Approach Under Chatelain, With Post-Disbarment Noncooperation Considered...
Montana Supreme Court Authorizes Community Justice Workers to Provide Limited Legal Services in Justice and City Courts

Montana Supreme Court Authorizes Community Justice Workers to Provide Limited Legal Services in Justice and City Courts

Date: Oct 2, 2025
Montana Supreme Court Authorizes Community Justice Workers to Provide Limited Legal Services in Justice and City Courts Introduction In administrative docket AF 11-0765, the Supreme Court of Montana...
Reasonable Efforts May Be Satisfied by Prior and Ongoing Services; Trial Court Credibility Findings Govern Post‑Termination Visitation (In re D.G. and L.G.)

Reasonable Efforts May Be Satisfied by Prior and Ongoing Services; Trial Court Credibility Findings Govern Post‑Termination Visitation (In re D.G. and L.G.)

Date: Oct 1, 2025
Reasonable Efforts May Be Satisfied by Prior and Ongoing Services; Trial Court Credibility Findings Govern Post‑Termination Visitation Commentary on In re D.G. and L.G., No. 24-595 (W. Va. Sept. 30,...
Consent to Legal Guardianship Does Not Limit Court’s Authority to Terminate Parental Rights When No Reasonable Likelihood of Correction Exists

Consent to Legal Guardianship Does Not Limit Court’s Authority to Terminate Parental Rights When No Reasonable Likelihood of Correction Exists

Date: Oct 1, 2025
Consent to Legal Guardianship Does Not Limit Court’s Authority to Terminate Parental Rights When No Reasonable Likelihood of Correction Exists Introduction In a memorandum decision issued on...
Only Executive Orders Are Appealable in GLC COAM Arbitrations: Georgia Supreme Court Clarifies That Interim Awards Do Not Trigger the 10‑Day Review Deadline

Only Executive Orders Are Appealable in GLC COAM Arbitrations: Georgia Supreme Court Clarifies That Interim Awards Do Not Trigger the 10‑Day Review Deadline

Date: Oct 1, 2025
Only Executive Orders Are Appealable in GLC COAM Arbitrations: Georgia Supreme Court Clarifies That Interim Awards Do Not Trigger the 10‑Day Review Deadline Case: Ultra Group of Companies, Inc. v....
Plain-View Hazards on Icy Roads: Comparative Negligence for the Jury; No Default Spoliation for Pre‑Notice Telematics Loss

Plain-View Hazards on Icy Roads: Comparative Negligence for the Jury; No Default Spoliation for Pre‑Notice Telematics Loss

Date: Oct 1, 2025
Plain-View Hazards on Icy Roads: Comparative Negligence for the Jury; No Default Spoliation for Pre‑Notice Telematics Loss Introduction In Fahrnow v. E-5 Oilfield Services, 2025 MT 220, the Montana...
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