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  • Commentaries
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state Case Commentaries

Limiting Colorado Minimum Wage Act Claims to the Wage Claim Act’s Two- and Three-Year Statute of Limitations: Commentary on By the Rockies, LLC v. Perez

Limiting Colorado Minimum Wage Act Claims to the Wage Claim Act’s Two- and Three-Year Statute of Limitations: Commentary on By the Rockies, LLC v. Perez

Date: Sep 16, 2025
Limiting Colorado Minimum Wage Act Claims to the Wage Claim Act’s Two- and Three-Year Statute of Limitations: Commentary on By the Rockies, LLC v. Perez I. Introduction In By the Rockies, LLC, and...
Minimum Wage Act Claims Borrow the Wage Claim Act’s Two-/Three-Year Limitations Period

Minimum Wage Act Claims Borrow the Wage Claim Act’s Two-/Three-Year Limitations Period

Date: Sep 16, 2025
Minimum Wage Act Claims Borrow the Wage Claim Act’s Two-/Three-Year Limitations Period I. Introduction By the Rockies, LLC v. Perez, 2025 CO 56, resolves a recurring gap in Colorado wage-and-hour...
COML Cure Doctrine Confirmed; Prevailing-Party Fees When Violation Is Proven and Cure Occurs Only After Suit

COML Cure Doctrine Confirmed; Prevailing-Party Fees When Violation Is Proven and Cure Occurs Only After Suit

Date: Sep 16, 2025
COML Cure Doctrine Confirmed; Prevailing-Party Fees When Violation Is Proven and Cure Occurs Only After Suit Case: O'Connell v. Woodland Park School District, 2025 CO 55 (Colo. Sept. 15, 2025) Court:...
Lake v. State: Late-Disclosed Impeachment Evidence During Trial Is Not Brady “Suppression,” and Child-Witness Competency Turns on Mental Ability, Not Detailed Recall

Lake v. State: Late-Disclosed Impeachment Evidence During Trial Is Not Brady “Suppression,” and Child-Witness Competency Turns on Mental Ability, Not Detailed Recall

Date: Sep 13, 2025
Lake v. State: Late-Disclosed Impeachment Evidence During Trial Is Not Brady “Suppression,” and Child-Witness Competency Turns on Mental Ability, Not Detailed Recall Introduction In Justin Scott Lake...
Gross Negligence Is Not a “Reasonable Alternative”: Arizona’s Anti‑Abrogation Clause Invalidates Pandemic Immunity for Ordinary Medical Negligence, but a Clear‑and‑Convincing Burden Survives

Gross Negligence Is Not a “Reasonable Alternative”: Arizona’s Anti‑Abrogation Clause Invalidates Pandemic Immunity for Ordinary Medical Negligence, but a Clear‑and‑Convincing Burden Survives

Date: Sep 13, 2025
Gross Negligence Is Not a “Reasonable Alternative”: Arizona’s Anti‑Abrogation Clause Invalidates Pandemic Immunity for Ordinary Medical Negligence, but a Clear‑and‑Convincing Burden Survives...
Burkert: Two-Year Suspension and Full Restitution as a Condition to File for Reinstatement in Law‑Firm Fee Diversion Cases

Burkert: Two-Year Suspension and Full Restitution as a Condition to File for Reinstatement in Law‑Firm Fee Diversion Cases

Date: Sep 13, 2025
Burkert: Two-Year Suspension and Full Restitution as a Condition to File for Reinstatement in Law‑Firm Fee Diversion Cases Introduction In Office of Lawyer Regulation v. Matthew V. Burkert, 2025 WI...
Hunter After Diaz: Nebraska Authorizes Cumulative Punishments in Successive Prosecutions When Later-Occurring Facts Complete the Greater Offense

Hunter After Diaz: Nebraska Authorizes Cumulative Punishments in Successive Prosecutions When Later-Occurring Facts Complete the Greater Offense

Date: Sep 13, 2025
Hunter After Diaz: Nebraska Authorizes Cumulative Punishments in Successive Prosecutions When Later-Occurring Facts Complete the Greater Offense Introduction In State v. Lewis, 319 Neb. 847 (Neb....
Extracurricular Expenses Are Incidents of Support Beyond Worksheet 1: Scott v. Scott (Neb. 2025)

Extracurricular Expenses Are Incidents of Support Beyond Worksheet 1: Scott v. Scott (Neb. 2025)

Date: Sep 13, 2025
Extracurricular Expenses Are Incidents of Support Beyond Worksheet 1: Scott v. Scott (Neb. 2025) Introduction Scott v. Scott, 319 Neb. 877 (Sept. 12, 2025), is a comprehensive opinion from the...
Time-of-Service Knowledge, Not Post-Event Intoxication, Governs Overservice Liability Under RSA 179:5, I

Time-of-Service Knowledge, Not Post-Event Intoxication, Governs Overservice Liability Under RSA 179:5, I

Date: Sep 13, 2025
Time-of-Service Knowledge, Not Post-Event Intoxication, Governs Overservice Liability Under RSA 179:5, I Introduction In Appeal of Tower Hill Tavern, LLC, 2025 N.H. 41, the New Hampshire Supreme...
“Substantial Opportunity to Use” Test for Late-Disclosed Evidence: Nevada Clarifies Prejudice and Continuance Cures in Lee v. State

“Substantial Opportunity to Use” Test for Late-Disclosed Evidence: Nevada Clarifies Prejudice and Continuance Cures in Lee v. State

Date: Sep 13, 2025
“Substantial Opportunity to Use” Test for Late-Disclosed Evidence: Nevada Clarifies Prejudice and Continuance Cures in Lee v. State Introduction In Lee (Michael) v. State, No. 85004 (Nev. Sept. 12,...
Complete Restitution as a Precondition to Reinstatement and a Two-Year Benchmark for Law‑Firm Fee Diversion: Office of Lawyer Regulation v. Burkert (2025 WI 44)

Complete Restitution as a Precondition to Reinstatement and a Two-Year Benchmark for Law‑Firm Fee Diversion: Office of Lawyer Regulation v. Burkert (2025 WI 44)

Date: Sep 13, 2025
Complete Restitution as a Precondition to Reinstatement and a Two-Year Benchmark for Law‑Firm Fee Diversion Office of Lawyer Regulation v. Matthew V. Burkert, 2025 WI 44 (Wisconsin Supreme Court,...
Notice, Not Mens Rea: Hawaiʻi Supreme Court Holds Indictments Need Not Plead a State of Mind for HRS § 706-660.1 Firearm Sentencing Enhancements

Notice, Not Mens Rea: Hawaiʻi Supreme Court Holds Indictments Need Not Plead a State of Mind for HRS § 706-660.1 Firearm Sentencing Enhancements

Date: Sep 13, 2025
Notice, Not Mens Rea: Hawaiʻi Supreme Court Holds Indictments Need Not Plead a State of Mind for HRS § 706-660.1 Firearm Sentencing Enhancements Case: State v. Smith, SCWC-21-0000504 Court: Supreme...
Sampson Limited: Affirmative Defenses Must Be Evidenced at Summary Judgment; Hayden Foreclosure Standard Reaffirmed

Sampson Limited: Affirmative Defenses Must Be Evidenced at Summary Judgment; Hayden Foreclosure Standard Reaffirmed

Date: Sep 13, 2025
Sampson Limited: Affirmative Defenses Must Be Evidenced at Summary Judgment; Hayden Foreclosure Standard Reaffirmed Introduction In Russell A. Collins and Stacey D. Collins v. West Alabama Bank &...
Ex parte Tanner: Extending Ford’s “Relate-To” Specific Jurisdiction to Cross‑Border Health Systems; AMLA Venue Applicability to Out‑of‑State Malpractice Unresolved

Ex parte Tanner: Extending Ford’s “Relate-To” Specific Jurisdiction to Cross‑Border Health Systems; AMLA Venue Applicability to Out‑of‑State Malpractice Unresolved

Date: Sep 13, 2025
Ex parte Tanner: Extending Ford’s “Relate-To” Specific Jurisdiction to Cross‑Border Health Systems; AMLA Venue Applicability to Out‑of‑State Malpractice Unresolved Introduction This commentary...
Boyer v. State: Malice Without Motive and Tightened Limits on Alternative-Suspect Hearsay Under W.R.E. 803(8)(C)

Boyer v. State: Malice Without Motive and Tightened Limits on Alternative-Suspect Hearsay Under W.R.E. 803(8)(C)

Date: Sep 13, 2025
Boyer v. State: Malice Without Motive and Tightened Limits on Alternative-Suspect Hearsay Under W.R.E. 803(8)(C) Introduction In Andrew Lee Boyer v. The State of Wyoming, 2025 WY 100 (Wyo. Sept. 12,...
Misheard Confession, Independent Probable Cause, and Ligature Strangulation as a Deadly Weapon: Roginsky v. State (Nev. 2025)

Misheard Confession, Independent Probable Cause, and Ligature Strangulation as a Deadly Weapon: Roginsky v. State (Nev. 2025)

Date: Sep 13, 2025
Misheard Confession, Independent Probable Cause, and Ligature Strangulation as a Deadly Weapon: Roginsky v. State (Nev. 2025) Introduction In Roginsky (Robert) v. State, No. 89006 (Nev. Sept. 12,...
Exhaust-Local-Then-Random: Montana’s New Contiguous-Pool Protocol for Assigning Substituted District Judges Under SB 41

Exhaust-Local-Then-Random: Montana’s New Contiguous-Pool Protocol for Assigning Substituted District Judges Under SB 41

Date: Sep 13, 2025
Exhaust-Local-Then-Random: Montana’s New Contiguous-Pool Protocol for Assigning Substituted District Judges Under SB 41 Introduction In AF 09-0289, the Supreme Court of Montana announced a revised...
Purposely Failing to Stop Is Independently Chargeable Under RSA 265:4, I(c): No Proof of Willful Eluding Required

Purposely Failing to Stop Is Independently Chargeable Under RSA 265:4, I(c): No Proof of Willful Eluding Required

Date: Sep 13, 2025
Purposely Failing to Stop Is Independently Chargeable Under RSA 265:4, I(c): No Proof of Willful Eluding Required Introduction In State of New Hampshire v. Donald Thompson (No. 2024-0519), decided by...
Police Non-Charging Is Not Dispositive; Pattern Evidence Permissible to Prove a “Credible Present Threat” Under RSA 173-B — Commentary on S.L. v. S.B. (N.H. Sept. 12, 2025)

Police Non-Charging Is Not Dispositive; Pattern Evidence Permissible to Prove a “Credible Present Threat” Under RSA 173-B — Commentary on S.L. v. S.B. (N.H. Sept. 12, 2025)

Date: Sep 13, 2025
Police Non-Charging Is Not Dispositive; Pattern Evidence Permissible to Prove a “Credible Present Threat” Under RSA 173-B — Commentary on S.L. v. S.B. (N.H. Sept. 12, 2025) Introduction In S.L. v....
No State Appeal From Single‑Justice Bail Decisions: Vermont Supreme Court Limits § 7556(c) to Trial-Court Orders in State v. Beldiman (2025 VT 55)

No State Appeal From Single‑Justice Bail Decisions: Vermont Supreme Court Limits § 7556(c) to Trial-Court Orders in State v. Beldiman (2025 VT 55)

Date: Sep 13, 2025
No State Appeal From Single‑Justice Bail Decisions: Vermont Supreme Court Limits § 7556(c) to Trial-Court Orders Case: State v. Nicolae Beldiman, 2025 VT 55 (Vt. Sept. 12, 2025) Court: Supreme Court...
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