state Case Commentaries

Disbarment as the Baseline for False Judicial Attacks and Ex Parte Contacts; Three-Year, Partially Deferred Suspension Where Misconduct Is Confined to the Courts — Commentary on In re Randazzo (La. 2025)

Date: Sep 11, 2025

Disbarment as the Baseline for False Judicial Attacks and Ex Parte Contacts; Three-Year, Partially Deferred Suspension Where Misconduct Is Confined to the Courts — Commentary on In re Randazzo (La....

Counsel’s Verification Suffices to Satisfy Rule 32(c)(3)(A); Unraised PSI Objections Are Waived — State v. Layton

Date: Sep 11, 2025

Counsel’s Verification Suffices to Satisfy Rule 32(c)(3)(A); Unraised PSI Objections Are Waived — State v. Layton Introduction In State of West Virginia v. Thomas Layton, No. 24-685 (Sept. 10, 2025),...

Requesting FMLA Paperwork Is Not Protected Activity: West Virginia Supreme Court clarifies Harless retaliation and reinforces WVHRA prima facie and pretext standards

Date: Sep 11, 2025

Requesting FMLA Paperwork Is Not Protected Activity: West Virginia Supreme Court clarifies Harless retaliation and reinforces WVHRA prima facie and pretext standards Introduction In Cindy Linger-Long...

Differential Diagnosis Endorsed for Abusive Head Trauma: Nevada Affirms Physician Causation Testimony Without Biomechanical Expertise and Clarifies Limits on Juror-Impeachment and Prosecutorial Comment

Date: Sep 11, 2025

Differential Diagnosis Endorsed for Abusive Head Trauma: Nevada Affirms Physician Causation Testimony Without Biomechanical Expertise and Clarifies Limits on Juror-Impeachment and Prosecutorial...

Redundant Remedies, Not Redundant Claims: Gonzalez v. Texas Medical Board and the Scope of Judicial Review of Texas Agencies

Date: Sep 11, 2025

Redundant Remedies, Not Redundant Claims: Gonzalez v. Texas Medical Board and the Scope of Judicial Review of Texas Agencies I. Introduction In Reynaldo “Rey” Gonzalez, Jr., M.D., J.D. v. Texas...

Deemed‑Admitted Noncooperation and Failure to Return Client File Warrant a One‑Year‑and‑One‑Day Suspension: In re Tristan Patrick Gilley

Date: Sep 11, 2025

Deemed‑Admitted Noncooperation and Failure to Return Client File Warrant a One‑Year‑and‑One‑Day Suspension: In re Tristan Patrick Gilley Introduction In In re: Tristan Patrick Gilley, No. 2025-B-0713...

Spears v. Frame: Habeas Orders Must Contain Petitioner-Specific Findings; Incorporating a Co‑Defendant’s Findings Is Insufficient for Meaningful Appellate Review

Date: Sep 11, 2025

Spears v. Frame: Habeas Orders Must Contain Petitioner-Specific Findings; Incorporating a Co‑Defendant’s Findings Is Insufficient for Meaningful Appellate Review Court: Supreme Court of Appeals of...

Rule 35(b) in West Virginia: No Entitlement to Appointed Experts and Concise Orders Can Suffice — State v. Jeffery (W. Va. Sept. 10, 2025)

Date: Sep 11, 2025

Rule 35(b) in West Virginia: No Entitlement to Appointed Experts and Concise Orders Can Suffice — State v. Jeffery Introduction In State of West Virginia v. Joey Keith Jeffery, No. 23-538 (Kanawha...

Rendon v. White Castle Systems, Inc.: Reversible Error to Conflate Tenant and Landowner Duties in Sidewalk Cases; Medical Expenses Limited to Amounts Actually Owed

Date: Sep 11, 2025

Rendon v. White Castle Systems, Inc.: Reversible Error to Conflate Tenant and Landowner Duties in Sidewalk Cases; Medical Expenses Limited to Amounts Actually Owed Introduction In Rendon v. White...

Pleading-Stage Survival of Contribution Claims Against Municipalities for Defective Street Appurtenances and “Special Use” Liability of Non‑Owner Occupiers

Date: Sep 11, 2025

Pleading-Stage Survival of Contribution Claims Against Municipalities for Defective Street Appurtenances and “Special Use” Liability of Non‑Owner Occupiers Introduction In N.I. v. City of New York...

Censure, Not Suspension, for Dual Misdemeanor DWI Convictions Where Mitigation Is Strong: Matter of Halton

Date: Sep 11, 2025

Censure, Not Suspension, for Dual Misdemeanor DWI Convictions Where Mitigation Is Strong: Matter of Halton Introduction In Matter of Halton, 2025 NY Slip Op 04902 (Appellate Division, Second...

“Good Cause” Means More Than Docket Delay; Written Motion Required for Improvement Periods: Commentary on In re J.S.-1 and J.S.-2 (W. Va. Sept. 10, 2025)

Date: Sep 11, 2025

“Good Cause” Means More Than Docket Delay; Written Motion Required for Improvement Periods: Commentary on In re J.S.-1 and J.S.-2 (W. Va. Sept. 10, 2025) Introduction In re J.S.-1 and J.S.-2 is a...

Nonparticipation Precludes Improvement Period: West Virginia Supreme Court Reaffirms Denial of Improvement Period and Termination Where Parent Fails to Engage, Despite Mental Health Claims

Date: Sep 11, 2025

Nonparticipation Precludes Improvement Period: West Virginia Supreme Court Reaffirms Denial of Improvement Period and Termination Where Parent Fails to Engage, Despite Mental Health Claims...

No Committee, No Replacement: Strict Pre-Filing Committee-of-Five Designation Required to Fill Nonpartisan Candidate Vacancies under R.C. 3513.31(F)

Date: Sep 11, 2025

No Committee, No Replacement: Strict Pre-Filing Committee-of-Five Designation Required to Fill Nonpartisan Candidate Vacancies under R.C. 3513.31(F) Introduction In State ex rel. Vermilion Campaign...

Plasse: Office Disruptions and Lien Uncertainty Do Not Excuse Escrow Misappropriation; One‑Year Suspension for Pattern of Deficiencies and Commingling

Date: Sep 11, 2025

Plasse: Office Disruptions and Lien Uncertainty Do Not Excuse Escrow Misappropriation; One‑Year Suspension for Pattern of Deficiencies and Commingling Introduction This commentary examines the...

Procedural Due Process and Permanency Timelines: Nevada Affirms the Constitutionality of NRS 128.109’s Rebuttable Presumptions in Termination of Parental Rights

Date: Sep 11, 2025

Procedural Due Process and Permanency Timelines: Nevada Affirms the Constitutionality of NRS 128.109’s Rebuttable Presumptions in Termination of Parental Rights Introduction In In re: Parental Rights...

Waiver by Motion Practice: Personal Jurisdiction and CPLR 3215(c) Abandonment Defenses Forfeited; 22 NYCRR 202.48 Inapplicable Absent “On Notice” Directive

Date: Sep 11, 2025

Waiver by Motion Practice: Personal Jurisdiction and CPLR 3215(c) Abandonment Defenses Forfeited; 22 NYCRR 202.48 Inapplicable Absent “On Notice” Directive Introduction In Bank of New York Mellon v....

No Improvement Without Acknowledgment: West Virginia Affirms Denial of Improvement Period and Child-Specific Dispositions in Domestic-Violence-Based Abuse and Neglect

Date: Sep 11, 2025

No Improvement Without Acknowledgment: West Virginia Affirms Denial of Improvement Period and Child-Specific Dispositions in Domestic-Violence-Based Abuse and Neglect Case: In re T.B., T.D., J.C.-1,...

Nevada Supreme Court Enforces Contractual Irreparable-Harm Presumptions to Support Mandatory Injunction and Specific Performance in Convertible Note Disputes

Date: Sep 11, 2025

Nevada Supreme Court Enforces Contractual Irreparable-Harm Presumptions to Support Mandatory Injunction and Specific Performance in Convertible Note Disputes Introduction In Blackstar Enterprise...

Tailoring Nuisance Injunctions to Regulatory Standards: Limits on Shutdown Orders in Huynh v. Blanchard

Date: Sep 11, 2025

Tailoring Nuisance Injunctions to Regulatory Standards: Limits on Shutdown Orders in Huynh v. Blanchard I. Introduction The concurring opinion by Justice Huddle in Steve Huynh, et al. v. Blanchard,...

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