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tenth-circuit-upholds-stringent-&amp Case Commentaries

No Initial Nonschedule Award, No Bar to SLU: Third Department Confirms SLU Eligibility and Retroactive Reopening Post‑Taher

No Initial Nonschedule Award, No Bar to SLU: Third Department Confirms SLU Eligibility and Retroactive Reopening Post‑Taher

Date: Sep 27, 2025
No Initial Nonschedule Award, No Bar to SLU: Third Department Confirms SLU Eligibility and Retroactive Reopening Post‑Taher Case: Matter of Romero v. Akorn Inc., 2025 NY Slip Op 05128 (App Div, 3d...
Reaffirming the NMPRC’s Discretion: Partial Imprudence Disallowances, Recovery of Undepreciated Nuclear Lease Investments, Deferral of Decommissioning Allocations, and Ratepayer Recovery of Board Governance Costs

Reaffirming the NMPRC’s Discretion: Partial Imprudence Disallowances, Recovery of Undepreciated Nuclear Lease Investments, Deferral of Decommissioning Allocations, and Ratepayer Recovery of Board Governance Costs

Date: Sep 27, 2025
Reaffirming the NMPRC’s Discretion: Partial Imprudence Disallowances, Recovery of Undepreciated Nuclear Lease Investments, Deferral of Decommissioning Allocations, and Ratepayer Recovery of Board...
Campbell v. State: No State Duty to Collect Third‑Party Digital Evidence and the Primacy of Strickland Prejudice in Postconviction Review

Campbell v. State: No State Duty to Collect Third‑Party Digital Evidence and the Primacy of Strickland Prejudice in Postconviction Review

Date: Sep 27, 2025
Campbell v. State: No State Duty to Collect Third‑Party Digital Evidence and the Primacy of Strickland Prejudice in Postconviction Review Introduction In Campbell v. State, 2025 ND 152, the North...
Mandatory Registration for Juvenile Felony Sexual Offenses Under Pre–July 2025 N.D.C.C. § 12.1-32-15(2)(a): Interest of K.I.B., 2025 ND 157

Mandatory Registration for Juvenile Felony Sexual Offenses Under Pre–July 2025 N.D.C.C. § 12.1-32-15(2)(a): Interest of K.I.B., 2025 ND 157

Date: Sep 27, 2025
Mandatory Registration for Juvenile Felony Sexual Offenses Under Pre–July 2025 N.D.C.C. § 12.1-32-15(2)(a) Case: Interest of K.I.B., 2025 ND 157 (N.D. Sept. 25, 2025) Court: Supreme Court of North...
Kraft v. State: Substance Over Label—Invoking Summary Disposition Standards Triggers a 30‑Day Response Period in North Dakota Postconviction Proceedings

Kraft v. State: Substance Over Label—Invoking Summary Disposition Standards Triggers a 30‑Day Response Period in North Dakota Postconviction Proceedings

Date: Sep 27, 2025
Kraft v. State: Substance Over Label—Invoking Summary Disposition Standards Triggers a 30‑Day Response Period in North Dakota Postconviction Proceedings Introduction This commentary examines the...
Continuing Jurisdiction to Correct Jail‑Time Credit During Appeal: The Ohio Supreme Court’s Clarification in Krouskoupf v. Anderson

Continuing Jurisdiction to Correct Jail‑Time Credit During Appeal: The Ohio Supreme Court’s Clarification in Krouskoupf v. Anderson

Date: Sep 27, 2025
Continuing Jurisdiction to Correct Jail‑Time Credit During Appeal: The Ohio Supreme Court’s Clarification in Krouskoupf v. Anderson Introduction In Krouskoupf v. Anderson, Slip Opinion No....
County Auditors Have No Discretion to Withhold Listing of Voter‑Approved Bond Levies While Bonds Remain Outstanding (State ex rel. Springfield City School Dist. Bd. of Edn. v. Hamilton, 2025-Ohio-4427)

County Auditors Have No Discretion to Withhold Listing of Voter‑Approved Bond Levies While Bonds Remain Outstanding (State ex rel. Springfield City School Dist. Bd. of Edn. v. Hamilton, 2025-Ohio-4427)

Date: Sep 27, 2025
County Auditors Have No Discretion to Withhold Listing of Voter‑Approved Bond Levies While Bonds Remain Outstanding Case: State ex rel. Springfield City School District Board of Education v....
Nexus-Based Duty for Off‑Campus Abuse and Pleading-Stage Punitive Damages in CVA School Cases: Commentary on C.R. v. Episcopal Diocese of N.Y. (2025 NY Slip Op 05144)

Nexus-Based Duty for Off‑Campus Abuse and Pleading-Stage Punitive Damages in CVA School Cases: Commentary on C.R. v. Episcopal Diocese of N.Y. (2025 NY Slip Op 05144)

Date: Sep 27, 2025
Nexus-Based Duty for Off‑Campus Abuse and Pleading-Stage Punitive Damages in CVA School Cases: C.R. v. Episcopal Diocese of N.Y. Introduction In C.R. v. Episcopal Diocese of New York, 2025 NY Slip Op...
"Entire Amount" Means Joint and Several: Utah Supreme Court Holds Comparative Fault Is Inapplicable to Criminal Restitution Under the Crime Victims Restitution Act

"Entire Amount" Means Joint and Several: Utah Supreme Court Holds Comparative Fault Is Inapplicable to Criminal Restitution Under the Crime Victims Restitution Act

Date: Sep 27, 2025
"Entire Amount" Means Joint and Several: Utah Supreme Court Holds Comparative Fault Is Inapplicable to Criminal Restitution Under the Crime Victims Restitution Act Introduction In State v. Debrok,...
Express “Street and Sidewalk Appurtenance” Agreements Control Fixture Status: City Owns and May Remove Pike Plan Canopies

Express “Street and Sidewalk Appurtenance” Agreements Control Fixture Status: City Owns and May Remove Pike Plan Canopies

Date: Sep 27, 2025
Express “Street and Sidewalk Appurtenance” Agreements Control Fixture Status: City Owns and May Remove Pike Plan Canopies Introduction In 306 Wall St. Owners, LLC v. City of Kingston, the Appellate...
No Guarantees Required: 90% Earnings Letters Satisfy “Reasonable Assurance” for Per Diem Substitutes under New York Labor Law § 590(10)

No Guarantees Required: 90% Earnings Letters Satisfy “Reasonable Assurance” for Per Diem Substitutes under New York Labor Law § 590(10)

Date: Sep 27, 2025
No Guarantees Required: 90% Earnings Letters Satisfy “Reasonable Assurance” for Per Diem Substitutes under New York Labor Law § 590(10) Introduction In Matter of Caruso (Shenendehowa Cent. Sch....
Schoenhals: Monschke Is a Retroactive, Substantive Change; Mandatory LWOP for 18–20-Year-Olds Is Unconstitutional; Per Se Prejudice and Facial Invalidity Provide Two Paths Around the PRP Time Bar

Schoenhals: Monschke Is a Retroactive, Substantive Change; Mandatory LWOP for 18–20-Year-Olds Is Unconstitutional; Per Se Prejudice and Facial Invalidity Provide Two Paths Around the PRP Time Bar

Date: Sep 27, 2025
Schoenhals: Monschke Is a Retroactive, Substantive Change; Mandatory LWOP for 18–20-Year-Olds Is Unconstitutional; Per Se Prejudice and Facial Invalidity Provide Two Paths Around the PRP Time Bar...
Summary Contempt Narrowed: Personal Observation Must Establish Voluntary Intoxication Beyond a Reasonable Doubt, and Findings Must Match the Record — Orndoff v. Commonwealth (Va. 2025)

Summary Contempt Narrowed: Personal Observation Must Establish Voluntary Intoxication Beyond a Reasonable Doubt, and Findings Must Match the Record — Orndoff v. Commonwealth (Va. 2025)

Date: Sep 27, 2025
Summary Contempt Narrowed: Personal Observation Must Establish Voluntary Intoxication Beyond a Reasonable Doubt, and Findings Must Match the Record — Orndoff v. Commonwealth (Va. 2025) Introduction...
Commonwealth v. Lewis: Pennsylvania Supreme Court Retains “High‑Crime Area” as a Terry Factor, Offers Non‑Mandatory Guideposts; Justice Wecht Urges Its Abandonment Under Article I, Section 8

Commonwealth v. Lewis: Pennsylvania Supreme Court Retains “High‑Crime Area” as a Terry Factor, Offers Non‑Mandatory Guideposts; Justice Wecht Urges Its Abandonment Under Article I, Section 8

Date: Sep 27, 2025
Commonwealth v. Lewis: Pennsylvania Supreme Court Retains “High‑Crime Area” as a Terry Factor, Offers Non‑Mandatory Guideposts; Justice Wecht Urges Its Abandonment Under Article I, Section 8 Court:...
Post-Strunk Application of §6318: Verbal Pre‑Assault Commands as “Communication” — Justice Mundy’s Concurrence/Dissent in Commonwealth v. Smith (Pa. 2025)

Post-Strunk Application of §6318: Verbal Pre‑Assault Commands as “Communication” — Justice Mundy’s Concurrence/Dissent in Commonwealth v. Smith (Pa. 2025)

Date: Sep 27, 2025
Post-Strunk Application of §6318: Verbal Pre‑Assault Commands as “Communication” — Justice Mundy’s Concurrence/Dissent in Commonwealth v. Smith (Pa. 2025) Introduction This commentary examines...
Post-Strunk Application of 18 Pa.C.S. § 6318: Verbal Commands as “Communication” for Unlawful Contact with a Minor — Justice Mundy’s Concurrence/Dissent in Commonwealth v. Smith

Post-Strunk Application of 18 Pa.C.S. § 6318: Verbal Commands as “Communication” for Unlawful Contact with a Minor — Justice Mundy’s Concurrence/Dissent in Commonwealth v. Smith

Date: Sep 27, 2025
Post-Strunk Application of 18 Pa.C.S. § 6318: Verbal Commands as “Communication” for Unlawful Contact with a Minor — Justice Mundy’s Concurrence/Dissent in Commonwealth v. Smith Introduction In...
Context Over Text: Pennsylvania Supreme Court Upholds DOH’s Two‑Lab Testing Rule Under the Medical Marijuana Act (Wecht, J., dissenting)

Context Over Text: Pennsylvania Supreme Court Upholds DOH’s Two‑Lab Testing Rule Under the Medical Marijuana Act (Wecht, J., dissenting)

Date: Sep 27, 2025
Context Over Text: Pennsylvania Supreme Court Upholds DOH’s Two‑Lab Testing Rule Under the Medical Marijuana Act (Wecht, J., dissenting) Introduction In Green Analytics North, LLC v. Department of...
Limiting “Other Person Under the Tenant’s Control” to the Initial Invitation Onto the Premises: Justice Wecht’s Dissent in Housing Authority of the City of Pittsburgh v. Nash

Limiting “Other Person Under the Tenant’s Control” to the Initial Invitation Onto the Premises: Justice Wecht’s Dissent in Housing Authority of the City of Pittsburgh v. Nash

Date: Sep 27, 2025
Limiting “Other Person Under the Tenant’s Control” to the Initial Invitation Onto the Premises: Justice Wecht’s Dissent in Housing Authority of the City of Pittsburgh v. Nash Introduction This...
On‑Bill Billing and the Limits of Section 1502: Pennsylvania Supreme Court Holds Non‑Electric Add‑Ons Fall Outside “Service”; Scope of “All Electric Services” Reserved

On‑Bill Billing and the Limits of Section 1502: Pennsylvania Supreme Court Holds Non‑Electric Add‑Ons Fall Outside “Service”; Scope of “All Electric Services” Reserved

Date: Sep 27, 2025
On‑Bill Billing and the Limits of Section 1502: Pennsylvania Supreme Court Holds Non‑Electric Add‑Ons Fall Outside “Service”; Scope of “All Electric Services” Reserved Introduction In Interstate Gas...
Uniformity in Effect, Not Form: Denial of Local Tax Credits to Nonresidents Renders Pittsburgh’s Facility Fee Unconstitutional under Pennsylvania’s Uniformity Clause

Uniformity in Effect, Not Form: Denial of Local Tax Credits to Nonresidents Renders Pittsburgh’s Facility Fee Unconstitutional under Pennsylvania’s Uniformity Clause

Date: Sep 27, 2025
Uniformity in Effect, Not Form: Denial of Local Tax Credits to Nonresidents Renders Pittsburgh’s Facility Fee Unconstitutional under Pennsylvania’s Uniformity Clause Introduction In National Hockey...
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