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trial-court&amp Case Commentaries

Deference on Arrest Timing: Officer Testimony May Outweigh CAD Timestamps to Uphold a Search Incident to Arrest

Deference on Arrest Timing: Officer Testimony May Outweigh CAD Timestamps to Uphold a Search Incident to Arrest

Date: Oct 30, 2025
Deference on Arrest Timing: Officer Testimony May Outweigh CAD Timestamps to Uphold a Search Incident to Arrest Introduction In State of West Virginia v. Roderick Levi Howard (No. 24-88), the Supreme...
Confidentiality Breaches Do Not Justify Dismissal in Bar Discipline; Fifth Amendment Adverse Inferences Allowed — In re Discipline of Sandy Van

Confidentiality Breaches Do Not Justify Dismissal in Bar Discipline; Fifth Amendment Adverse Inferences Allowed — In re Discipline of Sandy Van

Date: Oct 30, 2025
Confidentiality Breaches Do Not Justify Dismissal in Bar Discipline; Fifth Amendment Adverse Inferences Allowed — In re Discipline of Sandy Van Introduction In this automatic review of a disciplinary...
After Louisiana’s 2008 Tax Sale Revision, Pre‑Sale Notice Failures Do Not Create Absolute Nullities; Reconventional Nullity Claims in Quiet Title Actions Must Meet Dual Statutory Deadlines

After Louisiana’s 2008 Tax Sale Revision, Pre‑Sale Notice Failures Do Not Create Absolute Nullities; Reconventional Nullity Claims in Quiet Title Actions Must Meet Dual Statutory Deadlines

Date: Oct 30, 2025
After Louisiana’s 2008 Tax Sale Revision, Pre‑Sale Notice Failures Do Not Create Absolute Nullities; Reconventional Nullity Claims in Quiet Title Actions Must Meet Dual Statutory Deadlines Case:...
No Absolute Nullity for Lack of Pre‑Sale Notice After Louisiana’s 2008 Tax Sale Revision; Dual Deadlines for Reconventional Nullity Actions

No Absolute Nullity for Lack of Pre‑Sale Notice After Louisiana’s 2008 Tax Sale Revision; Dual Deadlines for Reconventional Nullity Actions

Date: Oct 30, 2025
No Absolute Nullity for Lack of Pre‑Sale Notice After Louisiana’s 2008 Tax Sale Revision; Dual Deadlines for Reconventional Nullity Actions Introduction In Belaire Development & Construction, LLC v....
Apparent Manufacturer Under the LPLA Requires Product-Specific Action: Brand Continuity Alone Is Not Enough

Apparent Manufacturer Under the LPLA Requires Product-Specific Action: Brand Continuity Alone Is Not Enough

Date: Oct 30, 2025
Apparent Manufacturer Under the LPLA Requires Product-Specific Action: Brand Continuity Alone Is Not Enough Introduction In this Louisiana Supreme Court decision, the Court addressed a core threshold...
Narrow “Absurd Results” Exception Allows Reopening of Article 2413 Pro Confesso Garnishment Judgments When Material Facts Were Withheld

Narrow “Absurd Results” Exception Allows Reopening of Article 2413 Pro Confesso Garnishment Judgments When Material Facts Were Withheld

Date: Oct 30, 2025
Narrow “Absurd Results” Exception Allows Reopening of Article 2413 Pro Confesso Garnishment Judgments When Material Facts Were Withheld Introduction In First Pay, Inc. v. Elton Dukes, No....
Medley: Louisiana Endorses Narrow Ban on Knowing Falsehoods in Judicial Campaigns and Confirms Commission Authority to Sanction Serious Campaign Finance Misconduct

Medley: Louisiana Endorses Narrow Ban on Knowing Falsehoods in Judicial Campaigns and Confirms Commission Authority to Sanction Serious Campaign Finance Misconduct

Date: Oct 30, 2025
Medley: Louisiana Endorses Narrow Ban on Knowing Falsehoods in Judicial Campaigns and Confirms Commission Authority to Sanction Serious Campaign Finance Misconduct Introduction In In re: Judge...
“Request” Means “Ask”: Louisiana Supreme Court Holds Payment of Service Fees Is Not Required Within Ninety Days Under La. C.C.P. art. 1201(C)

“Request” Means “Ask”: Louisiana Supreme Court Holds Payment of Service Fees Is Not Required Within Ninety Days Under La. C.C.P. art. 1201(C)

Date: Oct 30, 2025
“Request” Means “Ask”: Louisiana Supreme Court Holds Payment of Service Fees Is Not Required Within Ninety Days Under La. C.C.P. art. 1201(C) Introduction In Lanell E. Darouse v. P.J.'s Coffee of New...
FRSA Ballast Rules Do Not Preclude FELA Claims: Louisiana Supreme Court Adopts Pom Wonderful Preclusion Framework

FRSA Ballast Rules Do Not Preclude FELA Claims: Louisiana Supreme Court Adopts Pom Wonderful Preclusion Framework

Date: Oct 30, 2025
FRSA Ballast Rules Do Not Preclude FELA Claims: Louisiana Supreme Court Adopts Pom Wonderful Preclusion Framework Introduction In Sean Van Buren v. Kansas City Southern Railway Company, No....
State v. Craig: Limited State Right to Appeal Montgomery Hearing Resentencings Under La. C.Cr.P. art. 912(B)

State v. Craig: Limited State Right to Appeal Montgomery Hearing Resentencings Under La. C.Cr.P. art. 912(B)

Date: Oct 30, 2025
State v. Craig: Limited State Right to Appeal Montgomery Hearing Resentencings Under La. C.Cr.P. art. 912(B) Introduction In State of Louisiana v. Dale Dwayne Craig, the Supreme Court of Louisiana...
“Presence-by-Surrender” and Elements-vs.-Theory Clarified in Vermont Assault-and-Robbery Law: Commentary on State v. Diaz, 2025 VT 58

“Presence-by-Surrender” and Elements-vs.-Theory Clarified in Vermont Assault-and-Robbery Law: Commentary on State v. Diaz, 2025 VT 58

Date: Oct 30, 2025
“Presence-by-Surrender” and Elements-vs.-Theory Clarified in Vermont Assault-and-Robbery Law Commentary on State v. Damien Diaz, 2025 VT 58 (Vt. Oct. 24, 2025) Introduction In State v. Diaz, the...
Pattern of Non‑Cooperation with the Attorney Grievance Committee and Persistent Registration Delinquency Warrant Interim Suspension under 22 NYCRR 1240.9(a)(3)

Pattern of Non‑Cooperation with the Attorney Grievance Committee and Persistent Registration Delinquency Warrant Interim Suspension under 22 NYCRR 1240.9(a)(3)

Date: Oct 30, 2025
Pattern of Non‑Cooperation with the Attorney Grievance Committee and Persistent Registration Delinquency Warrant Interim Suspension under 22 NYCRR 1240.9(a)(3) Case: Matter of Biniakewitz, 2025 NY...
USPTO Qualifies as a “Foreign Jurisdiction” for Reciprocal Discipline; First Department Tailors Sanction to New York Precedent for Outsourced Trademark Practice

USPTO Qualifies as a “Foreign Jurisdiction” for Reciprocal Discipline; First Department Tailors Sanction to New York Precedent for Outsourced Trademark Practice

Date: Oct 30, 2025
USPTO Qualifies as a “Foreign Jurisdiction” for Reciprocal Discipline; First Department Tailors Sanction to New York Precedent for Outsourced Trademark Practice Introduction This commentary examines...
Recantations Alone Are Insufficient: Nevada Clarifies Clear-and-Convincing, Total-Evidence Review and Deferential Credibility Findings in Factual Innocence Petitions

Recantations Alone Are Insufficient: Nevada Clarifies Clear-and-Convincing, Total-Evidence Review and Deferential Credibility Findings in Factual Innocence Petitions

Date: Oct 30, 2025
Recantations Alone Are Insufficient: Nevada Clarifies Clear-and-Convincing, Total-Evidence Review and Deferential Credibility Findings in Factual Innocence Petitions Introduction In this order of...
Nevada Supreme Court Clarifies Enforceability of Sole-Discretion Gaming Suitability Termination Clauses and Treats Undisclosed Vendor Kickbacks as Bad Faith and Fraud

Nevada Supreme Court Clarifies Enforceability of Sole-Discretion Gaming Suitability Termination Clauses and Treats Undisclosed Vendor Kickbacks as Bad Faith and Fraud

Date: Oct 30, 2025
Nevada Supreme Court Clarifies Enforceability of Sole-Discretion Gaming Suitability Termination Clauses and Treats Undisclosed Vendor Kickbacks as Bad Faith and Fraud Introduction In Seibel v. PHWLV,...
Inherent Judicial Authority Controls Court Security: Nevada Supreme Court Holds EJDC Deputy Marshals Are Judicial Employees Despite Peace Officer Powers, and NRS 289 Does Not Apply

Inherent Judicial Authority Controls Court Security: Nevada Supreme Court Holds EJDC Deputy Marshals Are Judicial Employees Despite Peace Officer Powers, and NRS 289 Does Not Apply

Date: Oct 30, 2025
Inherent Judicial Authority Controls Court Security: Nevada Supreme Court Holds EJDC Deputy Marshals Are Judicial Employees Despite Peace Officer Powers, and NRS 289 Does Not Apply Introduction In...
Grand Jury’s Prerogative Over Witness Presentation: Neither Prosecutors Nor Defendants Have a Unilateral Right to Dictate In‑Person vs. Remote Testimony Before Oregon Grand Juries

Grand Jury’s Prerogative Over Witness Presentation: Neither Prosecutors Nor Defendants Have a Unilateral Right to Dictate In‑Person vs. Remote Testimony Before Oregon Grand Juries

Date: Oct 30, 2025
Grand Jury’s Prerogative Over Witness Presentation: Neither Prosecutors Nor Defendants Have a Unilateral Right to Dictate In‑Person vs. Remote Testimony Before Oregon Grand Juries Introduction In...
Hearing Required Where a Plea May Have Been Influenced by Counsel’s Predictions of Future Legal Change and a Conditional Third‑Party Payment: People v. Mower

Hearing Required Where a Plea May Have Been Influenced by Counsel’s Predictions of Future Legal Change and a Conditional Third‑Party Payment: People v. Mower

Date: Oct 30, 2025
Hearing Required Where a Plea May Have Been Influenced by Counsel’s Predictions of Future Legal Change and a Conditional Third‑Party Payment Commentary on People v. Mower, 2025 NY Slip Op 05851 (App...
No Enhanced Sentence for an Unstated Restitution Condition: Third Department Orders Specific Performance of Plea in People v. Nestler

No Enhanced Sentence for an Unstated Restitution Condition: Third Department Orders Specific Performance of Plea in People v. Nestler

Date: Oct 30, 2025
No Enhanced Sentence for an Unstated Restitution Condition: Third Department Orders Specific Performance of Plea in People v. Nestler Introduction In People v. Nestler, 2025 NY Slip Op 05852 (App Div...
Part Performance at the Preliminary-Injunction Stage: Third Department Affirms Denial of Mandatory Relief Where the Parties’ Conduct Evidences Assent to a Lease Relocation

Part Performance at the Preliminary-Injunction Stage: Third Department Affirms Denial of Mandatory Relief Where the Parties’ Conduct Evidences Assent to a Lease Relocation

Date: Oct 30, 2025
Part Performance at the Preliminary-Injunction Stage: Third Department Affirms Denial of Mandatory Relief Where the Parties’ Conduct Evidences Assent to a Lease Relocation Introduction In R. Kelly...
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