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  • Commentaries
  • Judgments

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MFIJ v. Knudsen: Requiring a Substantive Written Determination Before the Attorney General May Rewrite Montana Ballot Statements

MFIJ v. Knudsen: Requiring a Substantive Written Determination Before the Attorney General May Rewrite Montana Ballot Statements

Date: Dec 13, 2025
MFIJ v. Knudsen: Requiring a Substantive Written Determination Before the Attorney General May Rewrite Montana Ballot Statements I. Introduction In Montanans for Fair and Impartial Judges & Montanans...
Optional PIP Arbitration Under 21 Del. C. § 2118(j) Is Non‑Preclusive of Subsequent UM Litigation: Commentary on Vaughn v. Allstate

Optional PIP Arbitration Under 21 Del. C. § 2118(j) Is Non‑Preclusive of Subsequent UM Litigation: Commentary on Vaughn v. Allstate

Date: Dec 13, 2025
Optional PIP Arbitration Under 21 Del. C. § 2118(j) Is Non‑Preclusive of Subsequent UM Litigation: Commentary on Vaughn v. Allstate I. Introduction This commentary examines the Supreme Court of...
ADA Accommodation Claims, Prior Terminations, and No‑Merit Appeals in Delaware TPR Cases: Commentary on Shelby Davis v. DSCYF

ADA Accommodation Claims, Prior Terminations, and No‑Merit Appeals in Delaware TPR Cases: Commentary on Shelby Davis v. DSCYF

Date: Dec 13, 2025
ADA Accommodation Claims, Prior Terminations, and No‑Merit Appeals in Delaware Termination of Parental Rights Cases: A Commentary on Shelby Davis v. Department of Services for Children, Youth and...
Ordinary Negligence Against Health Care Providers Survives Only for Conduct Independent of the Medical Relationship: Commentary on Renown Regional Medical Center v. Dist. Ct. (Freeman)

Ordinary Negligence Against Health Care Providers Survives Only for Conduct Independent of the Medical Relationship: Commentary on Renown Regional Medical Center v. Dist. Ct. (Freeman)

Date: Dec 13, 2025
Ordinary Negligence Against Health Care Providers Survives Only for Conduct Independent of the Medical Relationship Commentary on Renown Regional Medical Center v. District Court (Freeman), 141 Nev.,...
Woodin v. State: Excluding CPS “Substantiation” Opinions and Clarifying Key Criminal Procedure Doctrines in Nevada

Woodin v. State: Excluding CPS “Substantiation” Opinions and Clarifying Key Criminal Procedure Doctrines in Nevada

Date: Dec 13, 2025
Woodin v. State: Excluding CPS “Substantiation” Opinions and Clarifying Key Criminal Procedure Doctrines in Nevada I. Introduction In Woodin (James) v. State, No. 89133 (Nev. Dec. 11, 2025), the...
Constructive Discovery and Due Diligence Under the Virginia Consumer Protection Act: Commentary on Brandon v. Sensio, Inc.

Constructive Discovery and Due Diligence Under the Virginia Consumer Protection Act: Commentary on Brandon v. Sensio, Inc.

Date: Dec 13, 2025
Constructive Discovery and Due Diligence Under the Virginia Consumer Protection Act: A Detailed Commentary on Brandon v. Sensio, Inc. (2d Cir. 2025) I. Introduction This commentary examines the...
Reaffirming “Little Tolerance” for Shotgun Pleadings: Commentary on Spence v. Georgia Diagnostic & Classification Prison

Reaffirming “Little Tolerance” for Shotgun Pleadings: Commentary on Spence v. Georgia Diagnostic & Classification Prison

Date: Dec 13, 2025
Reaffirming “Little Tolerance” for Shotgun Pleadings: Commentary on Spence v. Georgia Diagnostic & Classification Prison I. Introduction This commentary analyzes the Eleventh Circuit’s unpublished...
Strict Compliance with Supplemental Rule G and Cured Premature Appeals in Civil Forfeiture: Commentary on United States v. Rosa Vega

Strict Compliance with Supplemental Rule G and Cured Premature Appeals in Civil Forfeiture: Commentary on United States v. Rosa Vega

Date: Dec 13, 2025
Strict Compliance with Supplemental Rule G and Cured Premature Appeals in Civil Forfeiture: Commentary on United States v. Rosa Vega I. Introduction The Eleventh Circuit’s unpublished per curiam...
United States v. Rivera: No Constitutional Right to a Pre‑Restraint Evidentiary Hearing on Traceability and the Low Probable‑Cause Threshold for Commingled Assets

United States v. Rivera: No Constitutional Right to a Pre‑Restraint Evidentiary Hearing on Traceability and the Low Probable‑Cause Threshold for Commingled Assets

Date: Dec 13, 2025
United States v. Rivera: No Constitutional Right to a Pre‑Restraint Evidentiary Hearing on Traceability and the Low Probable‑Cause Threshold for Commingled Assets I. Introduction The Eleventh...
Reaffirming § 922(g)(1)’s Constitutionality and Intended Loss in Fraud Sentencing: Commentary on United States v. Romuel Angrand

Reaffirming § 922(g)(1)’s Constitutionality and Intended Loss in Fraud Sentencing: Commentary on United States v. Romuel Angrand

Date: Dec 13, 2025
Reaffirming § 922(g)(1)’s Constitutionality and Intended Loss in Fraud Sentencing: Commentary on United States v. Romuel Angrand I. Introduction The unpublished Eleventh Circuit decision in United...
State v. Bracey: Inferring Knowledge of a Stolen Firearm from Flight, Concealment, and Deception under North Carolina’s Substantial Evidence Standard

State v. Bracey: Inferring Knowledge of a Stolen Firearm from Flight, Concealment, and Deception under North Carolina’s Substantial Evidence Standard

Date: Dec 13, 2025
State v. Bracey: Inferring Knowledge of a Stolen Firearm from Flight, Concealment, and Deception under North Carolina’s Substantial Evidence Standard I. Introduction The Supreme Court of North...
“You Know What You Did” Is Not Enough: Specificity in Zoning Notices of Violation under Durham Green Flea Market v. City of Durham

“You Know What You Did” Is Not Enough: Specificity in Zoning Notices of Violation under Durham Green Flea Market v. City of Durham

Date: Dec 13, 2025
“You Know What You Did” Is Not Enough: Specificity in Zoning Notices of Violation under Durham Green Flea Market v. City of Durham I. Introduction In Durham Green Flea Market v. City of Durham, the...
Empire Contractors, Inc. v. Town of Apex: Individualized Valuation and Rough-Proportionality Inquiries Defeat Predominance in Class Actions Challenging Development Fees

Empire Contractors, Inc. v. Town of Apex: Individualized Valuation and Rough-Proportionality Inquiries Defeat Predominance in Class Actions Challenging Development Fees

Date: Dec 13, 2025
Empire Contractors, Inc. v. Town of Apex: Individualized Valuation and Rough-Proportionality Inquiries Defeat Predominance in Class Actions Challenging Development Fees I. Introduction In Empire...
Contractual Formalism and No Fiduciary Duty for Majority Coalitions in North Carolina LLCs: Commentary on Gvest Real Estate, LLC v. JS Real Estate Investments, LLC

Contractual Formalism and No Fiduciary Duty for Majority Coalitions in North Carolina LLCs: Commentary on Gvest Real Estate, LLC v. JS Real Estate Investments, LLC

Date: Dec 13, 2025
Contractual Formalism and No Fiduciary Duty for Majority Coalitions in North Carolina LLCs: Commentary on Gvest Real Est., LLC v. JS Real Est. Invs., LLC I. Introduction The Supreme Court of North...
Issue Preclusion, Privity, and Juvenile Abuse Petitions in North Carolina: A Commentary on In re A.D.H.

Issue Preclusion, Privity, and Juvenile Abuse Petitions in North Carolina: A Commentary on In re A.D.H.

Date: Dec 13, 2025
Issue Preclusion, Privity, and Juvenile Abuse Petitions in North Carolina: A Commentary on In re A.D.H. I. Introduction The Supreme Court of North Carolina’s decision in In re A.D.H., No. 265PA24...
“Indefinite Means Indefinite”: Mata v. N.C. Dep’t of Transportation and the Measure of Just Compensation for Map Act Corridor Takings

“Indefinite Means Indefinite”: Mata v. N.C. Dep’t of Transportation and the Measure of Just Compensation for Map Act Corridor Takings

Date: Dec 13, 2025
“Indefinite Means Indefinite”: Mata v. N.C. Dep’t of Transportation and the Measure of Just Compensation for Map Act Corridor Takings I. Introduction The Supreme Court of North Carolina’s decision in...
Cottle v. Mankin: Negligent Retention Claims Against Corporate Clinics as Medical Malpractice Actions Subject to North Carolina’s Statute of Repose

Cottle v. Mankin: Negligent Retention Claims Against Corporate Clinics as Medical Malpractice Actions Subject to North Carolina’s Statute of Repose

Date: Dec 13, 2025
Cottle v. Mankin: Negligent Retention Claims Against Corporate Clinics as Medical Malpractice Actions Subject to North Carolina’s Statute of Repose I. Introduction The Supreme Court of North...
State v. Allison: Mandatory Castle Doctrine Instructions and the Exclusivity of Statutory Rebuttal in North Carolina

State v. Allison: Mandatory Castle Doctrine Instructions and the Exclusivity of Statutory Rebuttal in North Carolina

Date: Dec 13, 2025
State v. Allison: Mandatory Castle Doctrine Instructions and the Exclusivity of Statutory Rebuttal in North Carolina I. Introduction State v. Allison, No. 103PA24 (N.C. Dec. 12, 2025), is a major...
Mandatory Joinder of Map Act Takings in Direct Condemnation Actions: Commentary on Sanders v. N.C. Dep't of Transportation

Mandatory Joinder of Map Act Takings in Direct Condemnation Actions: Commentary on Sanders v. N.C. Dep't of Transportation

Date: Dec 13, 2025
Mandatory Joinder of Map Act Takings in Direct Condemnation Actions: Commentary on Sanders v. N.C. Dep't of Transportation I. Introduction This commentary examines the Supreme Court of North...
Lassiter v. Robeson County Sheriff’s Department: Recalibrating North Carolina’s Joint Employment Doctrine and the Centrality of Control

Lassiter v. Robeson County Sheriff’s Department: Recalibrating North Carolina’s Joint Employment Doctrine and the Centrality of Control

Date: Dec 13, 2025
Lassiter v. Robeson County Sheriff’s Department: Recalibrating North Carolina’s Joint Employment Doctrine and the Centrality of Control I. Introduction The Supreme Court of North Carolina’s decision...
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