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state Case Commentaries

No Automatic Inclusion: West Virginia Supreme Court Requires Individual Adjudication for Each Child Before Disposition in Abuse and Neglect Proceedings

No Automatic Inclusion: West Virginia Supreme Court Requires Individual Adjudication for Each Child Before Disposition in Abuse and Neglect Proceedings

Date: Sep 11, 2025
No Automatic Inclusion: West Virginia Supreme Court Requires Individual Adjudication for Each Child Before Disposition in Abuse and Neglect Proceedings Introduction In In re A.B., L.E., and J.B., No....
Rational-Basis Limits on SORA’s “Sexually Violent Offender” Label for Out-of-State Convictions: People v. Edwards (2d Dep’t 2025)

Rational-Basis Limits on SORA’s “Sexually Violent Offender” Label for Out-of-State Convictions: People v. Edwards (2d Dep’t 2025)

Date: Sep 11, 2025
Rational-Basis Limits on SORA’s “Sexually Violent Offender” Label for Out-of-State Convictions: People v. Edwards (2d Dep’t 2025) Introduction In People v. Edwards, 2025 NY Slip Op 04922 (App Div, 2d...
No Prejudice, No Abandonment: Second Department Reaffirms Discretionary Nonforfeiture Under 22 NYCRR 202.48 in M&T v. Ahmed

No Prejudice, No Abandonment: Second Department Reaffirms Discretionary Nonforfeiture Under 22 NYCRR 202.48 in M&T v. Ahmed

Date: Sep 11, 2025
No Prejudice, No Abandonment: Second Department Reaffirms Discretionary Nonforfeiture Under 22 NYCRR 202.48 Introduction In Manufacturers & Traders Trust Company v. Ahmed (2025 NY Slip Op 04898), the...
Frustration of Purpose in COVID‑19 Wedding-Catering Contracts: Second Department Affirms Refund of Deposits and Rejects Anticipatory Breach; Ambiguity Permits Parol Evidence

Frustration of Purpose in COVID‑19 Wedding-Catering Contracts: Second Department Affirms Refund of Deposits and Rejects Anticipatory Breach; Ambiguity Permits Parol Evidence

Date: Sep 11, 2025
Frustration of Purpose in COVID‑19 Wedding-Catering Contracts: Second Department Affirms Refund of Deposits and Rejects Anticipatory Breach; Ambiguity Permits Parol Evidence Kay v. Heavenly Events &...
Human Oversight and Secured-Only Systems: Pennsylvania Supreme Court’s Interim Framework for Judicial Use of Generative AI

Human Oversight and Secured-Only Systems: Pennsylvania Supreme Court’s Interim Framework for Judicial Use of Generative AI

Date: Sep 10, 2025
Human Oversight and Secured-Only Systems: Pennsylvania Supreme Court’s Interim Framework for Judicial Use of Generative AI Introduction On September 9, 2025, the Supreme Court of Pennsylvania issued...
No “Private Areas” Exception: Montana Supreme Court Reaffirms That Probation Home Visits—Including Bedroom Walkthroughs—Are Not Searches

No “Private Areas” Exception: Montana Supreme Court Reaffirms That Probation Home Visits—Including Bedroom Walkthroughs—Are Not Searches

Date: Sep 10, 2025
No “Private Areas” Exception: Montana Supreme Court Reaffirms That Probation Home Visits—Including Bedroom Walkthroughs—Are Not Searches Case: State v. Manyhides, 2025 MT 204 (Mont. Sept. 9, 2025)...
Implied Consent Opens the Door: Montana Supreme Court Affirms Post‑Trial Amendment and Third‑Party Parental Interest Under § 40‑4‑228, MCA (Marriage of Rehbein & Paddock, 2025 MT 201)

Implied Consent Opens the Door: Montana Supreme Court Affirms Post‑Trial Amendment and Third‑Party Parental Interest Under § 40‑4‑228, MCA (Marriage of Rehbein & Paddock, 2025 MT 201)

Date: Sep 10, 2025
Implied Consent Opens the Door: Montana Supreme Court Affirms Post‑Trial Amendment and Third‑Party Parental Interest Under § 40‑4‑228, MCA Case: In re the Marriage of Rehbein and Paddock (2025 MT...
No Amendment After Final Adjudication: Montana’s Strict Bar on Successive Post‑Conviction Petitions and the Narrow Actual‑Innocence Exception

No Amendment After Final Adjudication: Montana’s Strict Bar on Successive Post‑Conviction Petitions and the Narrow Actual‑Innocence Exception

Date: Sep 10, 2025
No Amendment After Final Adjudication: Montana’s Strict Bar on Successive Post‑Conviction Petitions and the Narrow Actual‑Innocence Exception Nonprecedential Note: This is a memorandum opinion under...
Individual Legislator Standing in Oklahoma: No Injury-in-Fact from Executive Orders Not Affecting the Legislator’s Vote or Duties

Individual Legislator Standing in Oklahoma: No Injury-in-Fact from Executive Orders Not Affecting the Legislator’s Vote or Duties

Date: Sep 10, 2025
Individual Legislator Standing in Oklahoma: No Injury-in-Fact from Executive Orders Not Affecting the Legislator’s Vote or Duties I. Introduction FUGATE v. STITT (2025 OK 54) arose from Governor...
Ascertainability Is Not a Mandatory Prerequisite Under Montana Rule 23: Predominance and Early-Stage Deference Affirmed in Allied Waste v. LH Residential

Ascertainability Is Not a Mandatory Prerequisite Under Montana Rule 23: Predominance and Early-Stage Deference Affirmed in Allied Waste v. LH Residential

Date: Sep 10, 2025
Ascertainability Is Not a Mandatory Prerequisite Under Montana Rule 23: Predominance and Early-Stage Deference Affirmed in Allied Waste v. LH Residential Introduction In Allied Waste v. LH...
Oklahoma Workers’ Compensation: § 69(A)(4)(b) Imposes a Continuing Six-Month Diligence Requirement After a Timely Hearing Request

Oklahoma Workers’ Compensation: § 69(A)(4)(b) Imposes a Continuing Six-Month Diligence Requirement After a Timely Hearing Request

Date: Sep 10, 2025
Oklahoma Workers’ Compensation: § 69(A)(4)(b) Imposes a Continuing Six-Month Diligence Requirement After a Timely Hearing Request Case: OBI HOLDING COMPANY v. SCHULTZ-BUTZBACH AND THE WORKERS’...
Collective, Not Individual: Texas Supreme Court Limits Direct Shareholder Suits on Corporate Advisory Agreements – Commentary on In re UMTH General Services, L.P.

Collective, Not Individual: Texas Supreme Court Limits Direct Shareholder Suits on Corporate Advisory Agreements – Commentary on In re UMTH General Services, L.P.

Date: Sep 10, 2025
Collective, Not Individual: Texas Supreme Court Limits Direct Shareholder Suits on Corporate Advisory Agreements I. Introduction In In re UMTH General Services, L.P., UMT Holdings, L.P., UMTH Land...
Kessler and the Due Process Floor at Sentencing: No Resentencing Absent Reliance on Materially False Information; Clerical Correction of Offense Level under § 45-6-301(7)(b)(i), MCA

Kessler and the Due Process Floor at Sentencing: No Resentencing Absent Reliance on Materially False Information; Clerical Correction of Offense Level under § 45-6-301(7)(b)(i), MCA

Date: Sep 10, 2025
Kessler and the Due Process Floor at Sentencing: No Resentencing Absent Reliance on Materially False Information; Clerical Correction of Offense Level under § 45-6-301(7)(b)(i), MCA Court: Supreme...
All Defendants in Hybrid Product Liability Suits Are “Parties” for Comparative Responsibility; the One‑Year Contribution Period Runs from Appellate Finality (HBWS v. Wang)

All Defendants in Hybrid Product Liability Suits Are “Parties” for Comparative Responsibility; the One‑Year Contribution Period Runs from Appellate Finality (HBWS v. Wang)

Date: Sep 10, 2025
All Defendants in Hybrid Product Liability Suits Are “Parties” for Comparative Responsibility; the One‑Year Contribution Period Runs from Appellate Finality Introduction In Health Body World Supply,...
Supervisory Control Denied Absent a Developed Record; Pretrial Subpoenas of Child Victims to Test Waiver Are Unreasonable Under Montana’s Victim‑Advocate Privilege

Supervisory Control Denied Absent a Developed Record; Pretrial Subpoenas of Child Victims to Test Waiver Are Unreasonable Under Montana’s Victim‑Advocate Privilege

Date: Sep 10, 2025
Supervisory Control Denied Absent a Developed Record; Pretrial Subpoenas of Child Victims to Test Waiver Are Unreasonable Under Montana’s Victim‑Advocate Privilege Case: A. Burch v. Twentieth...
Duration of Arbitration Agreements as a Question of Scope: Commentary on Cerna v. Pearland Urban Air, LLC

Duration of Arbitration Agreements as a Question of Scope: Commentary on Cerna v. Pearland Urban Air, LLC

Date: Sep 10, 2025
Duration of Arbitration Agreements as a Question of Scope: Commentary on Cerna v. Pearland Urban Air, LLC I. Introduction The Supreme Court of Texas’s decision in Abigail Dalila Cerna, as Next Friend...
State v. Shewalter: Continuous Officer‑Documented Noncompliance Can Extinguish All Elapsed “Street Time”; Detention Credit Is Mandatory and Must Be Precisely Calculated

State v. Shewalter: Continuous Officer‑Documented Noncompliance Can Extinguish All Elapsed “Street Time”; Detention Credit Is Mandatory and Must Be Precisely Calculated

Date: Sep 10, 2025
State v. Shewalter: Continuous Officer‑Documented Noncompliance Can Extinguish All Elapsed “Street Time”; Detention Credit Is Mandatory and Must Be Precisely Calculated Introduction In State v....
State v. Arvidson: Montana Supreme Court Narrows Direct Appellate Review of Ineffective Assistance to “Rare Instances” and Reaffirms the Oral‑Pronouncement Rule

State v. Arvidson: Montana Supreme Court Narrows Direct Appellate Review of Ineffective Assistance to “Rare Instances” and Reaffirms the Oral‑Pronouncement Rule

Date: Sep 10, 2025
State v. Arvidson: Limiting Direct IAC Review to “Rare Instances” and Enforcing the Oral‑Pronouncement Rule Introduction In State v. Arvidson, 2025 MT 200, the Montana Supreme Court addressed two...
Summary Dissociation by Unanimous Vote Under § 35-8-803(1)(e)(i), MCA Includes Conduct That Would Force Fiduciary Breaches; Fair-Value Buyouts Must Consider Going-Concern Value

Summary Dissociation by Unanimous Vote Under § 35-8-803(1)(e)(i), MCA Includes Conduct That Would Force Fiduciary Breaches; Fair-Value Buyouts Must Consider Going-Concern Value

Date: Sep 10, 2025
Summary Dissociation by Unanimous Vote Under § 35-8-803(1)(e)(i), MCA Includes Conduct That Would Force Fiduciary Breaches; Fair-Value Buyouts Must Consider Going-Concern Value Introduction In Hebert...
Reaffirming Montana’s Postconviction Limits: Claims Raised or Raisable on Direct Appeal Are Barred; Probable Cause Defects Do Not Affect Subject-Matter Jurisdiction

Reaffirming Montana’s Postconviction Limits: Claims Raised or Raisable on Direct Appeal Are Barred; Probable Cause Defects Do Not Affect Subject-Matter Jurisdiction

Date: Sep 10, 2025
Reaffirming Montana’s Postconviction Limits: Claims Raised or Raisable on Direct Appeal Are Barred; Probable Cause Defects Do Not Affect Subject-Matter Jurisdiction Introduction In C. Hardy v. State,...
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