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  • Commentaries
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strict-standards-for-successive-habeas-petitions-reinforced-in-in-re-ivan-abner-cantu Case Commentaries

“Solely-as-a-Result” Means Exactly That: First Circuit Narrows Additional-Insured Coverage and Reaffirms Strict Notice Duties in Claims-Made Policies

“Solely-as-a-Result” Means Exactly That: First Circuit Narrows Additional-Insured Coverage and Reaffirms Strict Notice Duties in Claims-Made Policies

Date: Aug 26, 2025
“Solely-as-a-Result” Means Exactly That: First Circuit Narrows Additional-Insured Coverage and Reaffirms Strict Notice Duties in Claims-Made Policies Introduction In BI 40 LLC v. Ironshore Specialty...
Clarifying “Material Additions” Under the False Claims Act’s Public-Disclosure Bar – Commentary on United States ex rel. Smith v. Odom (11th Cir. 2025)

Clarifying “Material Additions” Under the False Claims Act’s Public-Disclosure Bar – Commentary on United States ex rel. Smith v. Odom (11th Cir. 2025)

Date: Aug 26, 2025
Clarifying “Material Additions” Under the False Claims Act’s Public-Disclosure Bar Commentary on United States ex rel. Robert V. Smith v. Jay Odom & Okaloosa County Board of County Commissioners,...
No Ineffective-Assistance Exception: Clue v. Commissioner of Correction and the Finality of Habeas Judgments under § 52-212a

No Ineffective-Assistance Exception: Clue v. Commissioner of Correction and the Finality of Habeas Judgments under § 52-212a

Date: Aug 26, 2025
No Ineffective-Assistance Exception: Supreme Court of Connecticut Bars Late Opening of Habeas Judgments under § 52-212a 1. Introduction In Clue v. Commissioner of Correction, 348 Conn. ___ (2025),...
PeakCM v. ATAS: Vermont Supreme Court Narrows the “Special-Relationship” Exception and Re-Affirms a Strict Economic-Loss Rule in Construction-Product Litigation

PeakCM v. ATAS: Vermont Supreme Court Narrows the “Special-Relationship” Exception and Re-Affirms a Strict Economic-Loss Rule in Construction-Product Litigation

Date: Aug 26, 2025
PeakCM v. ATAS: Vermont Supreme Court Narrows the “Special-Relationship” Exception and Re-Affirms a Strict Economic-Loss Rule in Construction-Product Litigation Introduction PeakCM, LLC v....
Cutter v. Vojnovic: Derivative Standing Denied for General Partners and Modern Clarification of Partnership Formation in North Carolina

Cutter v. Vojnovic: Derivative Standing Denied for General Partners and Modern Clarification of Partnership Formation in North Carolina

Date: Aug 26, 2025
Cutter v. Vojnovic: Derivative Standing Denied for General Partners and Modern Clarification of Partnership Formation in North Carolina 1. Introduction In Cutter v. Vojnovic, the Supreme Court of...
“Present Candor over Past Reform” – Devalle v. N.C. Sheriffs’ Education & Training Standards Commission

“Present Candor over Past Reform” – Devalle v. N.C. Sheriffs’ Education & Training Standards Commission

Date: Aug 26, 2025
“Present Candor over Past Reform” The North Carolina Supreme Court Redefines the Temporal Focus of the “Good Moral Character” Inquiry for Justice-Officer Certification 1. Introduction In Devalle v....
Durbin v. Durbin: Escalating Parental Conflict as a “Substantial Change in Circumstances” Justifying Custody Modification

Durbin v. Durbin: Escalating Parental Conflict as a “Substantial Change in Circumstances” Justifying Custody Modification

Date: Aug 26, 2025
Durbin v. Durbin: Escalating Parental Conflict as a “Substantial Change in Circumstances” Justifying Custody Modification 1. Introduction Durbin v. Durbin, decided by the Supreme Court of North...
Howell v. Cooper: The North Carolina Supreme Court Broadens Direct State-Constitutional Remedies for Economic Restrictions in Public Emergencies

Howell v. Cooper: The North Carolina Supreme Court Broadens Direct State-Constitutional Remedies for Economic Restrictions in Public Emergencies

Date: Aug 26, 2025
Howell v. Cooper: The North Carolina Supreme Court Broadens Direct State-Constitutional Remedies for Economic Restrictions in Public Emergencies Introduction In Howell v. Cooper (22 Aug 2025) the...

        “Unexplained Severe Abuse = Predictive Neglect” & “No Sua Sponte Review”: 
        The Twin Doctrines Reaffirmed in In re E.H. & R.H. (N.C. 2025)

“Unexplained Severe Abuse = Predictive Neglect” & “No Sua Sponte Review”: The Twin Doctrines Reaffirmed in In re E.H. & R.H. (N.C. 2025)

Date: Aug 26, 2025
“Unexplained Severe Abuse = Predictive Neglect” & “No Sua Sponte Review”: A Comprehensive Commentary on In re E.H. & R.H., Supreme Court of North Carolina (2025) 1. Introduction The Supreme Court of...
No-Inducement Standard for North Carolina Referral-Sales Claims – A Commentary on Jackson v. Home Depot U.S.A., Inc.

No-Inducement Standard for North Carolina Referral-Sales Claims – A Commentary on Jackson v. Home Depot U.S.A., Inc.

Date: Aug 26, 2025
No-Inducement Standard for North Carolina Referral-Sales Claims Jackson v. Home Depot U.S.A., Inc. (N.C. 2025) I. Introduction Jackson v. Home Depot U.S.A., Inc. is the North Carolina Supreme Court’s...
“Situational-Awareness” and Contributory Negligence:  The Precedential Reach of Moseley v. Hendricks (N.C. 2025)

“Situational-Awareness” and Contributory Negligence: The Precedential Reach of Moseley v. Hendricks (N.C. 2025)

Date: Aug 26, 2025
“Situational-Awareness” and Contributory Negligence: The Precedential Reach of Moseley v. Hendricks (Supreme Court of North Carolina, 2025) 1. Introduction Moseley v. Hendricks is a sharply divided...
From “Rational” to “Reasonable”:  N.C. Bar & Tavern Ass’n v. Stein and the New Fruits-of-Labor Scrutiny in North Carolina

From “Rational” to “Reasonable”: N.C. Bar & Tavern Ass’n v. Stein and the New Fruits-of-Labor Scrutiny in North Carolina

Date: Aug 26, 2025
From “Rational” to “Reasonable”: N.C. Bar & Tavern Association v. Stein (2025) and the Re-Tooling of Fruits-of-Labor Doctrine Introduction In N.C. Bar and Tavern Association v. Stein, the Supreme...
Administrative Agencies Barred from Deciding As-Applied Constitutional Tax Challenges – Commentary on N.C. Dep’t of Revenue v. Philip Morris USA, Inc. (N.C. 2025)

Administrative Agencies Barred from Deciding As-Applied Constitutional Tax Challenges – Commentary on N.C. Dep’t of Revenue v. Philip Morris USA, Inc. (N.C. 2025)

Date: Aug 26, 2025
Administrative Agencies Barred from Deciding As-Applied Constitutional Tax Challenges: A Full Commentary on N.C. Department of Revenue v. Philip Morris USA, Inc., Supreme Court of North Carolina...
“Good-Bye, Chevron: The Supreme Court of North Carolina Re-Establishes Pure De Novo Review in Savage v. N.C. Department of Transportation”

“Good-Bye, Chevron: The Supreme Court of North Carolina Re-Establishes Pure De Novo Review in Savage v. N.C. Department of Transportation”

Date: Aug 26, 2025
“Good-Bye, Chevron: The Supreme Court of North Carolina Re-Establishes Pure De Novo Review in Savage v. N.C. Department of Transportation” 1. Introduction Savage v. N.C. Dep’t of Transportation, No....
Household-Pet or Livestock? –  Schroeder v. Oak Grove Farm HOA and the Re-Entrenchment of the Jury as Arbiter of Fact in Restrictive-Covenant Disputes

Household-Pet or Livestock? – Schroeder v. Oak Grove Farm HOA and the Re-Entrenchment of the Jury as Arbiter of Fact in Restrictive-Covenant Disputes

Date: Aug 26, 2025
Household-Pet or Livestock? Schroeder v. Oak Grove Farm HOA and the Re-Entrenchment of the Jury as Arbiter of Fact in Restrictive-Covenant Disputes 1. Introduction In Schroeder v. Oak Grove Farm...
State v. Wright: Deference to Trial-Court Findings and the “Change-of-Mind” Rule in Voluntary-Consent Searches

State v. Wright: Deference to Trial-Court Findings and the “Change-of-Mind” Rule in Voluntary-Consent Searches

Date: Aug 26, 2025
State v. Wright: Deference to Trial-Court Findings and the “Change-of-Mind” Rule in Voluntary-Consent Searches Introduction In State v. Wright, No. 258PA23 (N.C. Aug. 22, 2025), the Supreme Court of...
Revesting Title and Judicial Power to Undo Private-Purpose Takings – A Commentary on Town of Apex v. Rubin (N.C. 2025)

Revesting Title and Judicial Power to Undo Private-Purpose Takings – A Commentary on Town of Apex v. Rubin (N.C. 2025)

Date: Aug 26, 2025
Revesting Title and Judicial Power to Undo Private-Purpose Takings A Comprehensive Commentary on Town of Apex v. Rubin, Supreme Court of North Carolina (2025) 1. Introduction Town of Apex v. Rubin is...
Reversionary Title & Mandatory Injunctions After an Unconstitutional Taking – Comment on Town of Apex v. Rubin

Reversionary Title & Mandatory Injunctions After an Unconstitutional Taking – Comment on Town of Apex v. Rubin

Date: Aug 26, 2025
Reversionary Title & Mandatory Injunctions After an Unconstitutional Taking A Comprehensive Commentary on Town of Apex v. Rubin, 385 N.C. ___ (2025) 1. Introduction In Town of Apex v. Rubin, the...
Second Circuit Clarifies Plain-Error Review of Electronic Search Conditions: Commentary on United States v. Ford (2025)

Second Circuit Clarifies Plain-Error Review of Electronic Search Conditions: Commentary on United States v. Ford (2025)

Date: Aug 26, 2025
Second Circuit Clarifies Plain-Error Review of Electronic Search Conditions on Supervised Release Commentary on United States v. Ford, 24-1454 (2d Cir. Aug. 22, 2025) Introduction United States v....
“Unusually Dangerous” Arms and the Second Amendment: The Second Circuit’s Nuanced Analogue Test in Nat’l Ass’n for Gun Rights v. Lamont & Grant v. Rovella

“Unusually Dangerous” Arms and the Second Amendment: The Second Circuit’s Nuanced Analogue Test in Nat’l Ass’n for Gun Rights v. Lamont & Grant v. Rovella

Date: Aug 26, 2025
“Unusually Dangerous” Arms and the Second Amendment: The Second Circuit’s Nuanced Analogue Test in Nat’l Ass’n for Gun Rights v. Lamont & Grant v. Rovella Introduction On 22 August 2025 the United...
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