state Case Commentaries

Harvey v. City of Reno: Abutter Access Is Limited to Easement by Necessity; No Prescriptive Rights Against the State; and Courts May Judicially Notice Recorded Highway Records on a Motion to Dismiss

Date: Sep 9, 2025

Harvey v. City of Reno: Abutter Access Is Limited to Easement by Necessity; No Prescriptive Rights Against the State; and Courts May Judicially Notice Recorded Highway Records on a Motion to Dismiss...

Nevada Supreme Court bars “comparable verdicts” in excessive-damages review and reaffirms full contingency-fee recovery under NRCP 68: Bellomo v. Roybal

Date: Sep 9, 2025

Nevada Supreme Court bars “comparable verdicts” in excessive-damages review and reaffirms full contingency-fee recovery under NRCP 68: Bellomo v. Roybal Introduction In Bellomo v. Roybal, the Supreme...

Almentero: No Fundamental Error from “And/Or” Predicate Felonies or Multi‑Victim Aiding‑and‑Abetting; Second‑Degree Not Required to Supply Causation in Felony‑Murder Instructions

Date: Sep 9, 2025

Almentero: No Fundamental Error from “And/Or” Predicate Felonies or Multi‑Victim Aiding‑and‑Abetting; Second‑Degree Not Required to Supply Causation in Felony‑Murder Instructions Case: State v....

People of Guam v. Ojeda (2025 Guam 5): Defense Counsel’s Duty to Proactively Preserve Third‑Party Digital Surveillance Evidence—Deficient Performance Without Per Se Prejudice

Date: Sep 9, 2025

People of Guam v. Ojeda (2025 Guam 5): Defense Counsel’s Duty to Proactively Preserve Third‑Party Digital Surveillance Evidence—Deficient Performance Without Per Se Prejudice Introduction In People...

UTPA Administrative Subpoenas in Alaska: Probable Cause Not Required; Anonymous Tip With Corroboration Suffices To Support Attorney General’s Subpoena

Date: Sep 8, 2025

UTPA Administrative Subpoenas in Alaska: Probable Cause Not Required; Anonymous Tip With Corroboration Suffices To Support Attorney General’s Subpoena Case: Business Doe, LLC v. State of Alaska, No....

Connecticut High Court Clarifies Broker’s Post‑Placement Duties: No Duty to Relay Nonrenewal Absent Undertaking; Longstanding Relationship Alone Is Insufficient

Date: Sep 8, 2025

Connecticut High Court Clarifies Broker’s Post‑Placement Duties: No Duty to Relay Nonrenewal Absent Undertaking; Longstanding Relationship Alone Is Insufficient Introduction In Deer v. National...

Connecticut Supreme Court Clarifies: No Post‑Procurement Common‑Law Duty for Insurance Agents To Warn of Impending Cancellation/Nonrenewal; Dissent Proposes a Continuing Duty To Inform

Date: Sep 8, 2025

Connecticut Supreme Court Clarifies: No Post‑Procurement Common‑Law Duty for Insurance Agents To Warn of Impending Cancellation/Nonrenewal; Dissent Proposes a Continuing Duty To Inform Note: This...

Hawai‘i Supreme Court Clarifies Condo Resale Disclosures: Managing Agents Must Provide Online Downloads at No Cost and Must Produce Resale-Specific Documents

Date: Sep 8, 2025

Hawai‘i Supreme Court Clarifies Condo Resale Disclosures: Managing Agents Must Provide Online Downloads at No Cost and Must Produce Resale-Specific Documents Introduction In Caven, Jr. v. Certified...

CZMA’s Statewide Reach Defines Environmental Due Process: Agencies Must Hold Contested Case Hearings Before Renewing Revocable Permits; Environmental Courts May Modify Permits on HRS § 91‑14 Review

Date: Sep 8, 2025

CZMA’s Statewide Reach Defines Environmental Due Process: Agencies Must Hold Contested Case Hearings Before Renewing Revocable Permits; Environmental Courts May Modify Permits on HRS § 91‑14 Review...

Hawaiʻi Supreme Court Reaffirms Non-Appealability of Orders Vacating Arbitration Awards with Rehearing; Clarifies Final-Judgment Protocols in Special Proceedings

Date: Sep 8, 2025

Reaffirming the Non-Appealability of Orders Vacating Arbitration Awards with Rehearing under HRS § 658A-28 and Mandating “In Aid of Jurisdiction” Remands for Final Judgments in Special Proceedings...

Reasonableness and “Good Faith for Cause” Reaffirmed: Louisiana Supreme Court Limits Judicial Power to Alter Civil Service Board Sanctions and Clarifies the Board’s Discretion to Modify Unreasonable Discipline

Date: Sep 8, 2025

Reasonableness and “Good Faith for Cause” Reaffirmed: Louisiana Supreme Court Limits Judicial Power to Alter Civil Service Board Sanctions and Clarifies the Board’s Discretion to Modify Unreasonable...

Reliability Without Revealing the Algorithm: Vermont Affirms V.R.E. 702 Admission of Proprietary Practice-Valuation Methods and Discounts Professional Goodwill Absent a Noncompete

Date: Sep 6, 2025

Reliability Without Revealing the Algorithm: Vermont Affirms V.R.E. 702 Admission of Proprietary Practice-Valuation Methods and Discounts Professional Goodwill Absent a Noncompete Introduction In...

No-Modification Means No-Modification: Idaho Supreme Court Clarifies Grandfathered Lake Encroachments, Procedures, and Abatement Enforcement

Date: Sep 6, 2025

No-Modification Means No-Modification: Temporary Post‑1974 Changes Defeat Grandfathered Lake Encroachment Permits; § 58‑1306 Procedures Inapplicable; Administrative Abatement Requires Judicial...

Clarifying § 1103(a)(9) and Rule 26.1(c) in Delaware TPR Appeals: Medical Examiner Evidence Can Establish “Unexplained Death or Serious Injury,” and Documentation Gaps Sustain “Failure to Plan”

Date: Sep 6, 2025

Clarifying § 1103(a)(9) and Rule 26.1(c) in Delaware TPR Appeals: Medical Examiner Evidence Can Establish “Unexplained Death or Serious Injury,” and Documentation Gaps Sustain “Failure to Plan”...

Deviation Over Threshold: Vermont Affirms Zero‑Support/Private‑School‑Tuition Arrangement and Time‑Bars Post‑Judgment Child Tax Credit Reallocation

Date: Sep 6, 2025

Deviation Over Threshold: Vermont Affirms Zero‑Support/Private‑School‑Tuition Arrangement and Time‑Bars Post‑Judgment Child Tax Credit Reallocation Case: Catherine Hutchings v. Justin Bramhall...

Vermont Reaffirms the Narrow Scope of Sentence Reconsideration: No Hearing or COVID-Specific Findings Required

Date: Sep 6, 2025

Vermont Reaffirms the Narrow Scope of Sentence Reconsideration: No Hearing or COVID-Specific Findings Required Introduction In State v. Walter Taylor, III (Vt. Sept. 5, 2025), a three-justice panel...

State v. Prue: Vermont Supreme Court Reaffirms That a Guilty Plea Requires a Personal, Theory‑Specific Factual Basis Under Rule 11(f), Reviewed Under Bridger on Direct Appeal

Date: Sep 6, 2025

State v. Prue: Vermont Supreme Court Reaffirms That a Guilty Plea Requires a Personal, Theory‑Specific Factual Basis Under Rule 11(f), Reviewed Under Bridger on Direct Appeal Court: Vermont Supreme...

CHINS-B Reversal Does Not Preclude DCF Physical-Abuse Substantiation: Distinct Causes and Issues Clarified by the Vermont Supreme Court

Date: Sep 6, 2025

CHINS-B Reversal Does Not Preclude DCF Physical-Abuse Substantiation: Distinct Causes and Issues Clarified by the Vermont Supreme Court Note on precedential weight: This was an entry order by a...

Adequate Findings Over Form: Vermont Supreme Court Affirms Termination Without a Standalone “Stagnation” Section and Confirms Waiver of Child-Testimony Claim

Date: Sep 6, 2025

Adequate Findings Over Form: Vermont Supreme Court Affirms Termination Without a Standalone “Stagnation” Section and Confirms Waiver of Child-Testimony Claim Introduction This commentary examines the...

Qualified Immunity Shields Police in Landlord–Tenant Disputes When Abandonment Under 9 V.S.A. § 4462 Is Not Clearly Established

Date: Sep 6, 2025

Qualified Immunity Shields Police in Landlord–Tenant Disputes When Abandonment Under 9 V.S.A. § 4462 Is Not Clearly Established Court: Supreme Court of Vermont (Three-Justice Panel Entry Order) Case:...

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