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tenth-circuit-upholds-stringent-& Case Commentaries

“The Adaptive Accommodation Doctrine” – Seventh Circuit Clarifies Employers’ Right to Alter Disability Accommodations When Circumstances Materially Change

“The Adaptive Accommodation Doctrine” – Seventh Circuit Clarifies Employers’ Right to Alter Disability Accommodations When Circumstances Materially Change

Date: Jul 8, 2025
“The Adaptive Accommodation Doctrine” – Seventh Circuit Clarifies Employers’ Right to Alter Disability Accommodations When Circumstances Materially Change Introduction In David P. Bourke v. Douglas...

        Misclassification of ACCA Predicates Does Not Trigger the Actual-Innocence Gateway: 
        Seventh Circuit Tightens §2255 Time-Bar Rules and Requires Hearings on Equitable Tolling

Misclassification of ACCA Predicates Does Not Trigger the Actual-Innocence Gateway: Seventh Circuit Tightens §2255 Time-Bar Rules and Requires Hearings on Equitable Tolling

Date: Jul 8, 2025
Misclassification of ACCA Predicates Does Not Trigger the Actual-Innocence Gateway: Seventh Circuit Tightens § 2255 Time-Bar Rules and Requires Hearings on Equitable Tolling Introduction Michael...
Re-Drawing the Line on Certified Questions: The Michigan Supreme Court’s Clarification in In re Certified Question (Beaubien v. Trivedi)

Re-Drawing the Line on Certified Questions: The Michigan Supreme Court’s Clarification in In re Certified Question (Beaubien v. Trivedi)

Date: Jul 8, 2025
Re-Drawing the Line on Certified Questions: The Michigan Supreme Court’s Clarification in In re Certified Question (Beaubien v. Trivedi) Introduction On 3 July 2025, the Michigan Supreme Court...
People v. Brownfield and the Refined Test for Michigan Offense Variable 7: “Similarly Egregious” Conduct Coupled with Intent to Heighten Fear

People v. Brownfield and the Refined Test for Michigan Offense Variable 7: “Similarly Egregious” Conduct Coupled with Intent to Heighten Fear

Date: Jul 8, 2025
People v. Brownfield and the Refined Test for Michigan Offense Variable 7: “Similarly Egregious” Conduct Coupled with Intent to Heighten Fear Introduction The Michigan Supreme Court’s order in People...
Curing “Real-Party-in-Interest” Defects After Filing: The New Michigan Rule for No-Fault PIP Litigation

Curing “Real-Party-in-Interest” Defects After Filing: The New Michigan Rule for No-Fault PIP Litigation

Date: Jul 8, 2025
Curing “Real-Party-in-Interest” Defects After Filing: The New Michigan Rule for No-Fault PIP Litigation Introduction In C-Spine Orthopedics, PLLC v. Progressive Michigan Insurance Co. and its...
Curing Real-Party-in-Interest Defects Post-Filing through Equitable Remedies: The Wallace / C-Spine Doctrine

Curing Real-Party-in-Interest Defects Post-Filing through Equitable Remedies: The Wallace / C-Spine Doctrine

Date: Jul 8, 2025
Curing Real-Party-in-Interest Defects Post-Filing through Equitable Remedies: The Michigan Supreme Court’s Wallace / C-Spine Doctrine Introduction In a consolidated opinion released 3 July...
Urbonas v. Gullison: Rhode Island Supreme Court Re-defines the Reach of the Acquiescence Doctrine and Affirms Appellate Re-Characterisation Power

Urbonas v. Gullison: Rhode Island Supreme Court Re-defines the Reach of the Acquiescence Doctrine and Affirms Appellate Re-Characterisation Power

Date: Jul 8, 2025
Urbonas v. Gullison: Rhode Island Supreme Court Re-defines the Reach of the Acquiescence Doctrine and Affirms Appellate Re-Characterisation Power 1. Introduction In Kristina Urbonas v. John Gullison,...
Stratoberdha v. Clements Properties, LLC –  
           Finality of Un-Appealed Family Court Orders and the
           Extension of § 9-24-7 Interlocutory-Appeal Rights

Stratoberdha v. Clements Properties, LLC – Finality of Un-Appealed Family Court Orders and the Extension of § 9-24-7 Interlocutory-Appeal Rights

Date: Jul 8, 2025
Stratoberdha v. Clements Properties, LLC (R.I. 2025) Finality of Un-Appealed Family Court Orders and the Extension of § 9-24-7 Interlocutory-Appeal Rights 1. Introduction Robert and Etleva...
Precision in Objections: State v. Lantigua Establishes a Specificity Requirement for Challenging Expert “Bolstering” Testimony in Rhode Island

Precision in Objections: State v. Lantigua Establishes a Specificity Requirement for Challenging Expert “Bolstering” Testimony in Rhode Island

Date: Jul 8, 2025
Precision in Objections: State v. Jose Lantigua (R.I. 2025) Establishes a Specificity Requirement for Challenging Expert “Bolstering” Testimony 1. Introduction State v. Lantigua, decided by the Rhode...
Clarifying “Accumulated Depreciation”: Rhode Island Supreme Court Mandates Uniform Financial-Accounting Depreciation for Telecommunications Tangible Personal Property Tax

Clarifying “Accumulated Depreciation”: Rhode Island Supreme Court Mandates Uniform Financial-Accounting Depreciation for Telecommunications Tangible Personal Property Tax

Date: Jul 8, 2025
Clarifying “Accumulated Depreciation”: Rhode Island Supreme Court Mandates Uniform Financial-Accounting Depreciation for Telecommunications Tangible Personal Property Tax Introduction On 3 July 2025,...

        “All Means ALL”: Michigan Supreme Court Mandates Post-July 1, 2020
        Bodily-Injury Minimums in Every Auto Policy Delivered After June 11, 2019

“All Means ALL”: Michigan Supreme Court Mandates Post-July 1, 2020 Bodily-Injury Minimums in Every Auto Policy Delivered After June 11, 2019

Date: Jul 7, 2025
“All Means ALL”: Michigan Supreme Court Mandates Post-July 1, 2020 Bodily-Injury Minimums in Every Auto Policy Delivered After June 11, 2019 1. Introduction Bonter v. Progressive Marathon Insurance...
Cumulative Conveyances Exceeding 50 % of a Corporation’s Shares Trigger Uncapping under Michigan’s GPTA – Commentary on Resort Properties Co-operative v. Waterloo Township (2025)

Cumulative Conveyances Exceeding 50 % of a Corporation’s Shares Trigger Uncapping under Michigan’s GPTA – Commentary on Resort Properties Co-operative v. Waterloo Township (2025)

Date: Jul 7, 2025
Cumulative Conveyances Exceeding 50 % of a Corporation’s Shares Trigger Uncapping under Michigan’s GPTA Commentary on Resort Properties Co-operative v. Waterloo Township, Supreme Court of Michigan, 2...
Contractual Examples as Plain-Language Clarifiers: Guilmette v. PHH Mortgage and the Rhode Island Supreme Court’s New Guidance on Integrated Disclosure Statements

Contractual Examples as Plain-Language Clarifiers: Guilmette v. PHH Mortgage and the Rhode Island Supreme Court’s New Guidance on Integrated Disclosure Statements

Date: Jul 7, 2025
Contractual Examples as Plain-Language Clarifiers: Guilmette v. PHH Mortgage Services (R.I. 2025) 1. Introduction Dino J. Guilmette v. PHH Mortgage Services F/K/A Ocwen Loan Servicing LLC et al....
State v. McLean: Plea-Agreement Waivers of Rule 35 Relief Held Non-Dispositive & High Bar for Judicial Recusal

State v. McLean: Plea-Agreement Waivers of Rule 35 Relief Held Non-Dispositive & High Bar for Judicial Recusal

Date: Jul 7, 2025
State v. McLean: Plea-Agreement Waivers of Rule 35 Relief Held Non-Dispositive & High Bar for Judicial Recusal Introduction The Rhode Island Supreme Court’s decision in State v. Andrew McLean,...
State v. Hang – Codefendant Objections and the “Raise-or-Waive” Rule: Rhode Island Supreme Court Clarifies Preservation Requirements

State v. Hang – Codefendant Objections and the “Raise-or-Waive” Rule: Rhode Island Supreme Court Clarifies Preservation Requirements

Date: Jul 7, 2025
State v. Hang – Codefendant Objections and the “Raise-or-Waive” Rule: Rhode Island Supreme Court Clarifies Preservation Requirements 1. Introduction On 2 July 2025 the Rhode Island Supreme Court...
Hawaiʻi Supreme Court Recasts Punitive-Damages Doctrine and Rejects “Kinship” Fiduciary Duty – A Commentary on Guieb v. Guieb (2025)

Hawaiʻi Supreme Court Recasts Punitive-Damages Doctrine and Rejects “Kinship” Fiduciary Duty – A Commentary on Guieb v. Guieb (2025)

Date: Jul 7, 2025
Hawaiʻi Supreme Court Recasts Punitive-Damages Doctrine and Rejects “Kinship” Fiduciary Duty – A Commentary on Guieb v. Guieb (2025) 1. Introduction Guieb v. Guieb, SCWC-20-0000727 (July 1 2025), is...
State v. Stetzer: Continuous Applicability of the Coercion Defence and Admissibility of Personal-History Evidence

State v. Stetzer: Continuous Applicability of the Coercion Defence and Admissibility of Personal-History Evidence

Date: Jul 7, 2025
State v. Stetzer (2025 WI 34): Continuous Applicability of the Coercion Defence and Admissibility of Personal-History Evidence in Assessing Reasonableness Introduction In State v. Joan L. Stetzer,...
The Pena Principle: Legislative Attorney-Fee Caps Cannot Bind New Mexico Courts in Workers’ Compensation Appeals

The Pena Principle: Legislative Attorney-Fee Caps Cannot Bind New Mexico Courts in Workers’ Compensation Appeals

Date: Jul 7, 2025
The Pena Principle: Legislative Attorney-Fee Caps Cannot Bind New Mexico Courts in Workers’ Compensation Appeals 1. Introduction Pena v. State (2025-NMSC-___) confronts a long-standing tension in New...
“Necessary Means Necessary” – The New Mexico Supreme Court Grafts Rule 1-019’s
          “Complete Relief” Test onto Children’s Court Joinder under Rule 10-121(B)(4)

“Necessary Means Necessary” – The New Mexico Supreme Court Grafts Rule 1-019’s “Complete Relief” Test onto Children’s Court Joinder under Rule 10-121(B)(4)

Date: Jul 7, 2025
“Necessary Means Necessary” — Incorporating the Civil “Necessary-Party” Standard into Abuse-and-Neglect Proceedings: A Commentary on State ex rel. CYFD v. Calvin T. 1. Introduction In State ex rel....
Bazile v. State (2025 ND 128): Defining the Boundaries of “Pattern” Prosecutorial Misconduct, Newly-Discovered Evidence, and Res Judicata in North Dakota Post-Conviction Relief

Bazile v. State (2025 ND 128): Defining the Boundaries of “Pattern” Prosecutorial Misconduct, Newly-Discovered Evidence, and Res Judicata in North Dakota Post-Conviction Relief

Date: Jul 7, 2025
Bazile v. State (2025 ND 128): Defining the Boundaries of “Pattern” Prosecutorial Misconduct, Newly-Discovered Evidence, and Res Judicata in North Dakota Post-Conviction Relief Introduction Bazile v....
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