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  • Commentaries
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state Case Commentaries

Unauthorized Practice by Advice-and-Fee Acceptance During Suspension Warrants Suspension—Not Disbarment—Absent Direct Court Filings: In re Haley (La. 2025)

Unauthorized Practice by Advice-and-Fee Acceptance During Suspension Warrants Suspension—Not Disbarment—Absent Direct Court Filings: In re Haley (La. 2025)

Date: Sep 11, 2025
Unauthorized Practice by Advice-and-Fee Acceptance During Suspension Warrants Suspension—Not Disbarment—Absent Direct Court Filings: In re Haley (La. 2025) Case: In re: Ronald Sidney Haley, Jr., No....
Counsel’s Representation Suffices to Verify PSI Review Under Rule 32(c)(3)(A); Failure to Object Waives Challenge (State v. Layton)

Counsel’s Representation Suffices to Verify PSI Review Under Rule 32(c)(3)(A); Failure to Object Waives Challenge (State v. Layton)

Date: Sep 11, 2025
Counsel’s Representation Suffices to Verify PSI Review Under Rule 32(c)(3)(A); Failure to Object Waives Challenge Introduction In State of West Virginia v. Thomas Layton (No. 24-685), the Supreme...
Reaffirming Rule 35(a)’s Narrow Reach and the Definite Sentencing Scheme for Voluntary Manslaughter in West Virginia

Reaffirming Rule 35(a)’s Narrow Reach and the Definite Sentencing Scheme for Voluntary Manslaughter in West Virginia

Date: Sep 11, 2025
Reaffirming Rule 35(a)’s Narrow Reach and the Definite Sentencing Scheme for Voluntary Manslaughter in West Virginia Introduction This commentary examines the Supreme Court of Appeals of West...
Failure to Enter Court-Ordered Substance Abuse Treatment Supports “No Reasonable Likelihood” Finding and Termination of Parental Rights

Failure to Enter Court-Ordered Substance Abuse Treatment Supports “No Reasonable Likelihood” Finding and Termination of Parental Rights

Date: Sep 11, 2025
Failure to Enter Court-Ordered Substance Abuse Treatment Supports “No Reasonable Likelihood” Finding and Termination of Parental Rights Introduction In re S.H., No. 24-555 (W. Va. Sept. 10, 2025), is...
Belated, Insincere Acknowledgment Is Insufficient for an Improvement Period; Termination May Proceed Even When the Other Parent Is Fit — In re S.B., H.B., D.B., and N.B.

Belated, Insincere Acknowledgment Is Insufficient for an Improvement Period; Termination May Proceed Even When the Other Parent Is Fit — In re S.B., H.B., D.B., and N.B.

Date: Sep 11, 2025
Belated, Insincere Acknowledgment Is Insufficient for an Improvement Period; Termination May Proceed Even When the Other Parent Is Fit — In re S.B., H.B., D.B., and N.B. Introduction This memorandum...
In re H.C.: No Automatic Post‑Guardianship Visitation—Parental Rehabilitation Alone Is Insufficient Absent a Strong Bond and Best‑Interests Showing

In re H.C.: No Automatic Post‑Guardianship Visitation—Parental Rehabilitation Alone Is Insufficient Absent a Strong Bond and Best‑Interests Showing

Date: Sep 11, 2025
In re H.C.: No Automatic Post‑Guardianship Visitation—Parental Rehabilitation Alone Is Insufficient Absent a Strong Bond and Best‑Interests Showing Introduction This memorandum decision from the...
In re F.S.: Compelled Treatment, Aggravated Circumstances, and the Written-Motion Requirement for Improvement Periods

In re F.S.: Compelled Treatment, Aggravated Circumstances, and the Written-Motion Requirement for Improvement Periods

Date: Sep 11, 2025
In re F.S.: Compelled Treatment, Aggravated Circumstances, and the Written-Motion Requirement for Improvement Periods Introduction In this memorandum decision, the Supreme Court of Appeals of West...
Reaffirming That Noncompliance With DHS Services Precludes an Improvement Period and Supports Termination: In re E.Y. and G.S.

Reaffirming That Noncompliance With DHS Services Precludes an Improvement Period and Supports Termination: In re E.Y. and G.S.

Date: Sep 11, 2025
Reaffirming That Noncompliance With DHS Services Precludes an Improvement Period and Supports Termination: In re E.Y. and G.S. Introduction In In re E.Y. and G.S., No. 24-358 (W. Va. Sept. 10, 2025)...
Child Disclosures and Behavioral Corroboration Can Meet the Clear-and-Convincing Standard Without Physical Evidence; Rule 19(b) Permits Reopened Adjudications on Amended Allegations

Child Disclosures and Behavioral Corroboration Can Meet the Clear-and-Convincing Standard Without Physical Evidence; Rule 19(b) Permits Reopened Adjudications on Amended Allegations

Date: Sep 11, 2025
Child Disclosures and Behavioral Corroboration Can Meet the Clear-and-Convincing Standard Without Physical Evidence; Rule 19(b) Permits Reopened Adjudications on Amended Allegations Introduction In...
Proof of Contractual Default Notices Must Come From the Mailer or Contemporaneous Records: Wilmington Trust, N.A. v. Singh

Proof of Contractual Default Notices Must Come From the Mailer or Contemporaneous Records: Wilmington Trust, N.A. v. Singh

Date: Sep 11, 2025
Proof of Contractual Default Notices Must Come From the Mailer or Contemporaneous Records: Wilmington Trust, N.A. v. Singh Introduction In Wilmington Trust, N.A. v. Singh, 2025 NY Slip Op 04938 (App...
Pittman v. State (Fla. 2025): Reaffirming Phillips—Hall Is Not Retroactive and Intellectual-Disability Claims Remain Subject to Strict Time and Successiveness Bars

Pittman v. State (Fla. 2025): Reaffirming Phillips—Hall Is Not Retroactive and Intellectual-Disability Claims Remain Subject to Strict Time and Successiveness Bars

Date: Sep 11, 2025
Pittman v. State (Fla. 2025): Reaffirming Phillips—Hall Is Not Retroactive and Intellectual-Disability Claims Remain Subject to Strict Time and Successiveness Bars Introduction In David Joseph...
Master Plans Are Not Self-Executing: Idaho Supreme Court Holds Deed-Referenced Master Plans Are Relevant but Do Not Create Restrictive Covenants or Public Dedications Without Clear, Express Language

Master Plans Are Not Self-Executing: Idaho Supreme Court Holds Deed-Referenced Master Plans Are Relevant but Do Not Create Restrictive Covenants or Public Dedications Without Clear, Express Language

Date: Sep 11, 2025
Master Plans Are Not Self-Executing: Idaho Supreme Court Holds Deed-Referenced Master Plans Are Relevant but Do Not Create Restrictive Covenants or Public Dedications Without Clear, Express Language...
No Duty to Plead Around Affirmative Defenses: Minnesota Adopts “Unrebuttable Defense” Standard for Rule 12 Dismissals and Vacates Early Fee Awards

No Duty to Plead Around Affirmative Defenses: Minnesota Adopts “Unrebuttable Defense” Standard for Rule 12 Dismissals and Vacates Early Fee Awards

Date: Sep 11, 2025
No Duty to Plead Around Affirmative Defenses: Minnesota Adopts “Unrebuttable Defense” Standard for Rule 12 Dismissals and Vacates Early Fee Awards Introduction In Doug Hoskin v. Josh Krsnak, the...
Case-Specific Findings Required in Habeas Orders; Incorporation from a Co-Defendant’s Case Is Insufficient When the Evidence Materially Differs — Spears v. Frame (W. Va. 2025)

Case-Specific Findings Required in Habeas Orders; Incorporation from a Co-Defendant’s Case Is Insufficient When the Evidence Materially Differs — Spears v. Frame (W. Va. 2025)

Date: Sep 11, 2025
Case-Specific Findings Required in Habeas Orders; Incorporation from a Co-Defendant’s Case Is Insufficient When the Evidence Materially Differs — Spears v. Frame (W. Va. 2025) Introduction In William...
Non-Exhaustive Duties Clauses Foreclose Extra-Compensation and Quasi-Contract Claims; Promissory Estoppel Requires Unconscionable Injury — Commentary on Holman v. St. John's Episcopal Hospital (2d Dept. 2025)

Non-Exhaustive Duties Clauses Foreclose Extra-Compensation and Quasi-Contract Claims; Promissory Estoppel Requires Unconscionable Injury — Commentary on Holman v. St. John's Episcopal Hospital (2d Dept. 2025)

Date: Sep 11, 2025
Non-Exhaustive Duties Clauses Foreclose Extra-Compensation and Quasi-Contract Claims; Promissory Estoppel Requires Unconscionable Injury — Holman v. St. John's Episcopal Hospital (2d Dept. 2025)...
CPLR 2001 Can Cure Minor RPAPL 1304 Counseling-List Mislabeling; Referee’s Computations Must Rest on Admissible Business Records

CPLR 2001 Can Cure Minor RPAPL 1304 Counseling-List Mislabeling; Referee’s Computations Must Rest on Admissible Business Records

Date: Sep 11, 2025
CPLR 2001 Can Cure Minor RPAPL 1304 Counseling-List Mislabeling; Referee’s Computations Must Rest on Admissible Business Records Introduction In Bank of America, N.A. v. Barnett, 2025 NY Slip Op...
Borden Does Not Control West Virginia’s Habitual Offender Statute: DUI Causing Serious Bodily Injury Remains a “Crime of Violence” for Recidivist Life Sentencing

Borden Does Not Control West Virginia’s Habitual Offender Statute: DUI Causing Serious Bodily Injury Remains a “Crime of Violence” for Recidivist Life Sentencing

Date: Sep 11, 2025
Borden Does Not Control West Virginia’s Habitual Offender Statute: DUI Causing Serious Bodily Injury Remains a “Crime of Violence” for Recidivist Life Sentencing Introduction In State of West...
Meaningful Participation in a Medically Fragile Child’s Care Is Required for “Substantial Compliance”: Moderate Compliance Does Not Compel Extension of Improvement Periods (In re N.E., W. Va. 2025)

Meaningful Participation in a Medically Fragile Child’s Care Is Required for “Substantial Compliance”: Moderate Compliance Does Not Compel Extension of Improvement Periods (In re N.E., W. Va. 2025)

Date: Sep 11, 2025
Meaningful Participation in a Medically Fragile Child’s Care Is Required for “Substantial Compliance”: Moderate Compliance Does Not Compel Extension of Improvement Periods Commentary on In re N.E.,...
Acknowledgment of Domestic Violence Is a Prerequisite to Improvement Periods; Ongoing Abuse During Proceedings Supports Immediate Termination — Commentary on In re J.C.-1 and J.C.-2 (W. Va. Sept. 10, 2025)

Acknowledgment of Domestic Violence Is a Prerequisite to Improvement Periods; Ongoing Abuse During Proceedings Supports Immediate Termination — Commentary on In re J.C.-1 and J.C.-2 (W. Va. Sept. 10, 2025)

Date: Sep 11, 2025
Acknowledgment of Domestic Violence Is a Prerequisite to Improvement Periods; Ongoing Abuse During Proceedings Supports Immediate Termination Case: In re J.C.-1 and J.C.-2, No. 24-554 (W. Va. Sept....
In re A.S.: Incarceration at Petition Filing Can Constitute Neglect; Later No-Contact or Zero-Support Orders Do Not Defeat Adjudication

In re A.S.: Incarceration at Petition Filing Can Constitute Neglect; Later No-Contact or Zero-Support Orders Do Not Defeat Adjudication

Date: Sep 11, 2025
In re A.S.: Incarceration at Petition Filing Can Constitute Neglect; Later No-Contact or Zero-Support Orders Do Not Defeat Adjudication Introduction In a memorandum decision issued on September 10,...
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