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trial-court& Case Commentaries

No Blanket Attorney‑Client Privilege for OCA-to‑Judge Guidance Under FOIL: Document‑Specific Showing Required

No Blanket Attorney‑Client Privilege for OCA-to‑Judge Guidance Under FOIL: Document‑Specific Showing Required

Date: Oct 25, 2025
No Blanket Attorney‑Client Privilege for OCA‑to‑Judge Guidance Under FOIL: Document‑Specific Showing Required Introduction In Matter of New York Civil Liberties Union v. New York State Office of...
Wagner v. NYC DOE: Separating “Reasonably Described” from “Reasonable Effort” under New York’s FOIL for Electronic Records

Wagner v. NYC DOE: Separating “Reasonably Described” from “Reasonable Effort” under New York’s FOIL for Electronic Records

Date: Oct 24, 2025
Wagner v. NYC DOE: Separating “Reasonably Described” from “Reasonable Effort” under New York’s FOIL for Electronic Records Matter of Wagner v. New York City Department of Education, 2025 NY Slip Op...
Kon v. Maginley-Liddie: New York Judges Must Make and Explain Individualized Flight-Risk Findings Before Remand; Noncompliance Is Reversible on Habeas

Kon v. Maginley-Liddie: New York Judges Must Make and Explain Individualized Flight-Risk Findings Before Remand; Noncompliance Is Reversible on Habeas

Date: Oct 24, 2025
Kon v. Maginley-Liddie: New York Judges Must Make and Explain Individualized Flight-Risk Findings Before Remand; Noncompliance Is Reversible on Habeas Introduction In People ex rel. Kon v. Lynelle...
SanMiguel v. Grimaldi: Extending Sheppard‑Mobley to Lack‑of‑Informed‑Consent and Reaffirming New York’s Bar on Purely Emotional Damages in Live‑Birth Prenatal Torts

SanMiguel v. Grimaldi: Extending Sheppard‑Mobley to Lack‑of‑Informed‑Consent and Reaffirming New York’s Bar on Purely Emotional Damages in Live‑Birth Prenatal Torts

Date: Oct 24, 2025
SanMiguel v. Grimaldi: Extending Sheppard‑Mobley to Lack‑of‑Informed‑Consent and Reaffirming New York’s Bar on Purely Emotional Damages in Live‑Birth Prenatal Torts Court: New York Court of Appeals...
Sending Districts Must Pay Tuition to Out‑of‑District Open Enrollment Schools Even Without Local Program Adoption (RSA 194‑D)

Sending Districts Must Pay Tuition to Out‑of‑District Open Enrollment Schools Even Without Local Program Adoption (RSA 194‑D)

Date: Oct 24, 2025
Sending Districts Must Pay Tuition to Out‑of‑District Open Enrollment Schools Even Without Local Program Adoption (RSA 194‑D) Introduction In Appeal of Pittsfield School District, 2025 N.H. 46 (Oct....
Parisi Left Intact for Now: Mandamus Dismissed Without Opinion While Chief Justice Kennedy Calls to Restore Public Records Act Control Over Court Records and Apply H.B. 265’s Affirmation Requirement

Parisi Left Intact for Now: Mandamus Dismissed Without Opinion While Chief Justice Kennedy Calls to Restore Public Records Act Control Over Court Records and Apply H.B. 265’s Affirmation Requirement

Date: Oct 24, 2025
Parisi Left Intact for Now: Mandamus Dismissed Without Opinion While Chief Justice Kennedy Calls to Restore Public Records Act Control Over Court Records and Apply H.B. 265’s Affirmation Requirement...
Enhanced Actual Suspension for Violent Threats Absent Mental-Health Mitigation: Ohio Supreme Court Clarifies Sanctioning in Attorney Discipline

Enhanced Actual Suspension for Violent Threats Absent Mental-Health Mitigation: Ohio Supreme Court Clarifies Sanctioning in Attorney Discipline

Date: Oct 24, 2025
Enhanced Actual Suspension for Violent Threats Absent Mental-Health Mitigation: Ohio Supreme Court Clarifies Sanctioning in Attorney Discipline Introduction In Disciplinary Counsel v. Taylor, Slip...
Clarifying “Additional Defendants” in Ohio Medical-Claim Actions: No Civ.R. 15(D) Compliance Needed and 180-Day Extension Not Limited to Newly Discovered Parties (Lewis v. MedCentral Health Sys.)

Clarifying “Additional Defendants” in Ohio Medical-Claim Actions: No Civ.R. 15(D) Compliance Needed and 180-Day Extension Not Limited to Newly Discovered Parties (Lewis v. MedCentral Health Sys.)

Date: Oct 24, 2025
Clarifying “Additional Defendants” in Ohio Medical-Claim Actions: No Civ.R. 15(D) Compliance Needed and 180-Day Extension Not Limited to Newly Discovered Parties Case: Lewis v. MedCentral Health...
Strict, Contemporaneous Compliance with R.C. 2969.25(A) Is Required; Noncompliance Requires Dismissal Without Prejudice and Cannot Be Cured by Later Amendment

Strict, Contemporaneous Compliance with R.C. 2969.25(A) Is Required; Noncompliance Requires Dismissal Without Prejudice and Cannot Be Cured by Later Amendment

Date: Oct 24, 2025
Strict, Contemporaneous Compliance with R.C. 2969.25(A) Is Required; Noncompliance Requires Dismissal Without Prejudice and Cannot Be Cured by Later Amendment Introduction In State ex rel. Mason v....
Houghton v. Malibu Boats: Shareholder Standing Is Prudential and Forfeitable in Tennessee; Derivative Statutory Requirements Do Not Strip Jurisdiction

Houghton v. Malibu Boats: Shareholder Standing Is Prudential and Forfeitable in Tennessee; Derivative Statutory Requirements Do Not Strip Jurisdiction

Date: Oct 24, 2025
Houghton v. Malibu Boats: Shareholder Standing Is Prudential and Forfeitable in Tennessee; Derivative Statutory Requirements Do Not Strip Jurisdiction Introduction This commentary analyzes the...
Mere Situs Is Not “Use” Under Florida UM Coverage: Alaska Supreme Court (Mem. Op.) Affirms No Coverage for Fireworks Injury Launched From a Stationary, Uninsured Trailer

Mere Situs Is Not “Use” Under Florida UM Coverage: Alaska Supreme Court (Mem. Op.) Affirms No Coverage for Fireworks Injury Launched From a Stationary, Uninsured Trailer

Date: Oct 24, 2025
Mere Situs Is Not “Use” Under Florida UM Coverage: Alaska Supreme Court (Mem. Op.) Affirms No Coverage for Fireworks Injury Launched From a Stationary, Uninsured Trailer Case: Walter M. Elrod and...
Uniform “Reasonable Probability” Harmless‑Error Standard Adopted; Defendant’s Absence from Suppression Hearing Deemed Harmless; Confession Upheld as Voluntary

Uniform “Reasonable Probability” Harmless‑Error Standard Adopted; Defendant’s Absence from Suppression Hearing Deemed Harmless; Confession Upheld as Voluntary

Date: Oct 24, 2025
Uniform “Reasonable Probability” Harmless‑Error Standard Adopted; Defendant’s Absence from Suppression Hearing Deemed Harmless; Confession Upheld as Voluntary Introduction In Cheri Lynn Marler v....
“Dispositive Must Mean Case-Ending”: Wyoming Supreme Court Invalidates Non‑Dispositive Conditional Plea Under W.R.Cr.P. 11(a)(2) in Kotrc v. State

“Dispositive Must Mean Case-Ending”: Wyoming Supreme Court Invalidates Non‑Dispositive Conditional Plea Under W.R.Cr.P. 11(a)(2) in Kotrc v. State

Date: Oct 24, 2025
“Dispositive Must Mean Case-Ending”: Wyoming Supreme Court Invalidates Non‑Dispositive Conditional Plea Under W.R.Cr.P. 11(a)(2) in Kotrc v. State Introduction In Cody Allan Kotrc v. State of...
Eviction After Statutory Contract‑for‑Deed Cancellation: North Dakota Affirms Posted Service and Strict Nonjoinability in Summary Proceedings — Cache Private Capital Diversified Fund v. Braddock (2025 ND 168)

Eviction After Statutory Contract‑for‑Deed Cancellation: North Dakota Affirms Posted Service and Strict Nonjoinability in Summary Proceedings — Cache Private Capital Diversified Fund v. Braddock (2025 ND 168)

Date: Oct 24, 2025
Eviction After Statutory Contract‑for‑Deed Cancellation: North Dakota Affirms Posted Service and Strict Nonjoinability in Summary Proceedings — Cache Private Capital Diversified Fund v. Braddock...
Serious Difficulty Controlling Behavior Proven by Treatment Refusal and Institutional Misconduct, with Expert Nexus; Negative Inference from Absent Independent Expert Affirmed

Serious Difficulty Controlling Behavior Proven by Treatment Refusal and Institutional Misconduct, with Expert Nexus; Negative Inference from Absent Independent Expert Affirmed

Date: Oct 24, 2025
Serious Difficulty Controlling Behavior Proven by Treatment Refusal and Institutional Misconduct, with Expert Nexus; Negative Inference from Absent Independent Expert Affirmed Introduction In...
State v. King (2025 ND 174): Clarifying the Dual “True Threat” Standard for Terrorizing and Cabining Overbreadth in As-Applied Challenges Under Obvious-Error Review

State v. King (2025 ND 174): Clarifying the Dual “True Threat” Standard for Terrorizing and Cabining Overbreadth in As-Applied Challenges Under Obvious-Error Review

Date: Oct 24, 2025
State v. King (2025 ND 174): Clarifying the Dual “True Threat” Standard for Terrorizing and Cabining Overbreadth in As-Applied Challenges Under Obvious-Error Review Introduction In State v. King,...
Mandatory Credit for Voluntary Prejudgment Child Support Payments in North Dakota: Sutherby v. Astanina (2025 ND 166)

Mandatory Credit for Voluntary Prejudgment Child Support Payments in North Dakota: Sutherby v. Astanina (2025 ND 166)

Date: Oct 24, 2025
Mandatory Credit for Voluntary Prejudgment Child Support Payments in North Dakota Commentary on Sutherby v. Astanina, 2025 ND 166 (N.D. Oct. 22, 2025) Introduction In Sutherby v. Astanina, the North...
Rigorous Gatekeeping of Extraordinary Writs and the Court’s Use of Alternative Writs under S.Ct.Prac.R. 12.04 and 12.05: Analysis of the Supreme Court of Ohio’s October 22, 2025 Case Announcements

Rigorous Gatekeeping of Extraordinary Writs and the Court’s Use of Alternative Writs under S.Ct.Prac.R. 12.04 and 12.05: Analysis of the Supreme Court of Ohio’s October 22, 2025 Case Announcements

Date: Oct 24, 2025
Rigorous Gatekeeping of Extraordinary Writs and the Court’s Use of Alternative Writs under S.Ct.Prac.R. 12.04 and 12.05: Analysis of the Supreme Court of Ohio’s October 22, 2025 Case Announcements...
Only the Office of Disciplinary Counsel May Invoke Reciprocal Discipline in Ohio; Court Flags Risks of Mandatory Reciprocity During Pending Ohio Appeals

Only the Office of Disciplinary Counsel May Invoke Reciprocal Discipline in Ohio; Court Flags Risks of Mandatory Reciprocity During Pending Ohio Appeals

Date: Oct 24, 2025
Only the Office of Disciplinary Counsel May Invoke Reciprocal Discipline in Ohio; Court Flags Risks of Mandatory Reciprocity During Pending Ohio Appeals Introduction In 10/22/2025 Case Announcements...
Whole-Record Review of Juror Bias Permits Reliance on Group Voir Dire Responses: State v. Rogers (2025-Ohio-4794)

Whole-Record Review of Juror Bias Permits Reliance on Group Voir Dire Responses: State v. Rogers (2025-Ohio-4794)

Date: Oct 24, 2025
Whole-Record Review of Juror Bias Permits Reliance on Group Voir Dire Responses Commentary on State v. Rogers, 2025-Ohio-4794 (Supreme Court of Ohio) Introduction In State v. Rogers, the Supreme...
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