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  • Commentaries
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state Case Commentaries

“Manufacturer-Rated Horsepower” Controls Vermont Watercraft Exclusions: Commentary on Northern Security Insurance Co. v. Walker (2025)

“Manufacturer-Rated Horsepower” Controls Vermont Watercraft Exclusions: Commentary on Northern Security Insurance Co. v. Walker (2025)

Date: Jun 11, 2025
“Manufacturer-Rated Horsepower” Controls Vermont Watercraft Exclusions: A Comprehensive Commentary on Northern Security Insurance Company, Inc. v. Raymond Walker (Vt. 2025) Introduction The Vermont...
State v. Fuller: Expanding the Corpus Delicti Corroboration Standard and Clarifying Non-Testimonial Police-Conduct Hearsay

State v. Fuller: Expanding the Corpus Delicti Corroboration Standard and Clarifying Non-Testimonial Police-Conduct Hearsay

Date: Jun 11, 2025
State v. Fuller: Expanding the Corpus Delicti Corroboration Standard and Clarifying Non-Testimonial Police-Conduct Hearsay Introduction In State v. Christopher Fuller, 2025 VT ___, the Vermont...
Wood v. Wood: Vermont Reaffirms the “Divisible Divorce” Doctrine and the Use of Disability Benefits when Fixing Spousal Maintenance

Wood v. Wood: Vermont Reaffirms the “Divisible Divorce” Doctrine and the Use of Disability Benefits when Fixing Spousal Maintenance

Date: Jun 11, 2025
Wood v. Wood: Vermont Reaffirms the “Divisible Divorce” Doctrine and the Use of Disability Benefits when Fixing Spousal Maintenance 1. Introduction Wood v. Wood, 2025 VT ___ (June 6, 2025), is a...
County of Hayes v. County of Frontier: Nebraska Supreme Court Clarifies Pleading and Evidentiary Requirements for Petitions-in-Error in Inter-County Bridge Disputes

County of Hayes v. County of Frontier: Nebraska Supreme Court Clarifies Pleading and Evidentiary Requirements for Petitions-in-Error in Inter-County Bridge Disputes

Date: Jun 11, 2025
County of Hayes v. County of Frontier (319 Neb. 98) Nebraska Supreme Court, 6 June 2025 1. Introduction In County of Hayes v. County of Frontier, the Nebraska Supreme Court reviewed a quarrel between...
“Filing Fixes the Right”: Nebraska Supreme Court Clarifies Post-Term Modification Power in Hawk v. Hawk

“Filing Fixes the Right”: Nebraska Supreme Court Clarifies Post-Term Modification Power in Hawk v. Hawk

Date: Jun 11, 2025
“Filing Fixes the Right” Nebraska Supreme Court Clarifies Post-Term Modification Power in Hawk v. Hawk Introduction In Hawk v. Hawk, 319 Neb. 120 (2025), the Nebraska Supreme Court confronted a...
“No Re-Weighing on Appeal” – State v. Jeremiah T. and the Enhanced Deference Doctrine for Juvenile-Transfer Reviews

“No Re-Weighing on Appeal” – State v. Jeremiah T. and the Enhanced Deference Doctrine for Juvenile-Transfer Reviews

Date: Jun 11, 2025
“No Re-Weighing on Appeal” – State v. Jeremiah T. and the Enhanced Deference Doctrine for Juvenile-Transfer Reviews Introduction In State v. Jeremiah T., 319 Neb. 133 (2025), the Nebraska Supreme...
Expanding the State’s Right of Appeal: Nevada Supreme Court Holds that Orders Granting or Denying Motions to Correct an Illegal Sentence Are Appealable

Expanding the State’s Right of Appeal: Nevada Supreme Court Holds that Orders Granting or Denying Motions to Correct an Illegal Sentence Are Appealable

Date: Jun 11, 2025
Expanding the State’s Right of Appeal: Nevada Supreme Court Holds that Orders Granting or Denying Motions to Correct an Illegal Sentence Are Appealable Introduction In State v. Eighth Judicial...
State v. Nolan – Clarifying the “New-Matter” Test for Surrebuttal and Enforcing the One-Year Firearm Enhancement Cap for First-Time Felons

State v. Nolan – Clarifying the “New-Matter” Test for Surrebuttal and Enforcing the One-Year Firearm Enhancement Cap for First-Time Felons

Date: Jun 11, 2025
State v. Nolan – Clarifying the “New-Matter” Test for Surrebuttal and Enforcing the One-Year Firearm Enhancement Cap for First-Time Felons Introduction In State v. Nolan, No. S-1-SC-40029 (N.M. June...
State v. Perea – First-Hand Observations by a Confidential Informant as “Substantial Evidence” Under Rule 5-211(E) NMRA

State v. Perea – First-Hand Observations by a Confidential Informant as “Substantial Evidence” Under Rule 5-211(E) NMRA

Date: Jun 11, 2025
State v. Perea: Clarifying that a Confidential Informant’s First-Hand Observation Alone May Supply the “Basis-of-Knowledge” Required for Probable Cause—But Is Not a Per Se Rule 1. Introduction Case:...
Gonzalez v. State — Clarifying Mootness in Post-Conviction Sentence Challenges

Gonzalez v. State — Clarifying Mootness in Post-Conviction Sentence Challenges

Date: Jun 11, 2025
Gonzalez v. State (2025 ND 109): The North Dakota Supreme Court Defines the Limits of Post-Conviction Review When the Defendant Has Fully Served the Sentence Introduction Garron William Gonzalez...
Reaffirming the High Bar for Custody Modification in North Dakota: The “Adverse-Effect” Test after Weber v. Pennington

Reaffirming the High Bar for Custody Modification in North Dakota: The “Adverse-Effect” Test after Weber v. Pennington

Date: Jun 11, 2025
Reaffirming the High Bar for Custody Modification in North Dakota: The “Adverse-Effect” Test after Weber v. Pennington (2025 ND 105) 1. Introduction In Weber v. Pennington, 2025 ND 105, the North...
Matter of Park: Disbarment for the Mere Attempt to Suborn False Testimony and Related Acts of Dishonesty

Matter of Park: Disbarment for the Mere Attempt to Suborn False Testimony and Related Acts of Dishonesty

Date: Jun 11, 2025
Matter of Park: Disbarment for the Mere Attempt to Suborn False Testimony and Related Acts of Dishonesty 1. Introduction In Matter of Park (2025 NY Slip Op 03531), the Appellate Division, First...
Ambiguity Trumps Advocacy: The Connecticut Supreme Court’s Remand Mandate When Separation Agreements Admit of Two Reasonable Meanings

Ambiguity Trumps Advocacy: The Connecticut Supreme Court’s Remand Mandate When Separation Agreements Admit of Two Reasonable Meanings

Date: Jun 11, 2025
Ambiguity Trumps Advocacy: The Connecticut Supreme Court’s Remand Mandate When Separation Agreements Admit of Two Reasonable Meanings 1. Introduction On 10 June 2025 the Connecticut Supreme Court...
“When the Debt is Gone, So Is the Coverage” – Arizona Supreme Court Narrows Lender Title Insurance Liability and Bars Collateral-Source Shielding of Loan Repayments

“When the Debt is Gone, So Is the Coverage” – Arizona Supreme Court Narrows Lender Title Insurance Liability and Bars Collateral-Source Shielding of Loan Repayments

Date: Jun 11, 2025
“When the Debt is Gone, So Is the Coverage” – Arizona Supreme Court Narrows Lender Title Insurance Liability and Bars Collateral-Source Shielding of Loan Repayments I. Introduction In Centerpoint...
Rand v. State (2025 N.H. 27): Uniformity Measured at Assessment—Municipal Retention of Excess SWEPT Upheld; Negative Local Offsets in Unincorporated Places Unconstitutional

Rand v. State (2025 N.H. 27): Uniformity Measured at Assessment—Municipal Retention of Excess SWEPT Upheld; Negative Local Offsets in Unincorporated Places Unconstitutional

Date: Jun 11, 2025
Uniformity Measured at Assessment—Municipal Retention of Excess SWEPT Upheld; Negative Local Offsets in Unincorporated Places Unconstitutional Introduction In Rand v. State, 2025 N.H. 27 (N.H. June...
State v. Williams: Extending the Statutory Justification of Self-Defense to Reckless Manslaughter Involving an Innocent Bystander

State v. Williams: Extending the Statutory Justification of Self-Defense to Reckless Manslaughter Involving an Innocent Bystander

Date: Jun 11, 2025
State v. Williams: Extending the Statutory Justification of Self-Defense to Reckless Manslaughter Involving an Innocent Bystander Introduction Court: Supreme Court of Connecticut  |  Date: 10 June...
State v. Williams: Extending Self-Defense to Reckless Manslaughter Involving Bystanders & Adopting a “One-Unit” Rule for Simultaneous Firearm and Ammunition Possession

State v. Williams: Extending Self-Defense to Reckless Manslaughter Involving Bystanders & Adopting a “One-Unit” Rule for Simultaneous Firearm and Ammunition Possession

Date: Jun 11, 2025
State v. Williams: Extending Self-Defense to Reckless Manslaughter Involving Bystanders & Adopting a “One-Unit” Rule for Simultaneous Firearm and Ammunition Possession Introduction In State v....
Beckwith v. ENI: Establishing Maritime Nexus for Cargo Handling Vehicle Accidents on Frozen Navigable Waters

Beckwith v. ENI: Establishing Maritime Nexus for Cargo Handling Vehicle Accidents on Frozen Navigable Waters

Date: Jun 10, 2025
Beckwith v. ENI: Establishing Maritime Nexus for Cargo Handling Vehicle Accidents on Frozen Navigable Waters Introduction In the landmark decision Beckwith v. ENI Petroleum U.S., LLC, 2025 AKSC 72,...
Proper Weighing of Medical Evidence and Presumption of Causation in Workers’ Compensation Claims

Proper Weighing of Medical Evidence and Presumption of Causation in Workers’ Compensation Claims

Date: Jun 10, 2025
Proper Weighing of Medical Evidence and Presumption of Causation in Workers’ Compensation Claims Introduction This commentary examines the West Virginia Supreme Court decision in Caitlin R. Workman...
Implied Duty to Market and Free-of-Cost Royalties: Extending Wellman & Tawney to In-Kind Oil & Gas Leases

Implied Duty to Market and Free-of-Cost Royalties: Extending Wellman & Tawney to In-Kind Oil & Gas Leases

Date: Jun 10, 2025
Implied Duty to Market and Free-of-Cost Royalties: Extending Wellman & Tawney to In-Kind Oil & Gas Leases Introduction In Francis Kaess v. BB Land, LLC, the Supreme Court of Appeals of West Virginia...
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