state Case Commentaries

Insurer Liquidation Act Governs Co-Insurer Contribution: Contribution Measured by Allowed Claim (Settlement Amount), Not Liquidation Distributions

Date: Apr 28, 2026

Insurer Liquidation Act Governs Co-Insurer Contribution: Contribution Measured by Allowed Claim (Settlement Amount), Not Liquidation Distributions 1. Introduction Case: In the Matter of Liquidation...

Wheeler v. State: Prosecutorial Closing Argument May Characterize Mixed-Profile “Contributor” DNA as “On” an Item When Fairly Grounded in the Evidence

Date: Apr 28, 2026

Wheeler v. State: Prosecutorial Closing Argument May Characterize Mixed-Profile “Contributor” DNA as “On” an Item When Fairly Grounded in the Evidence Introduction Wheeler v. State is a direct appeal...

Vested Development Rights in Iowa Require Governmental Approval (Not Mere Pre-Ordination Expenditures in Unzoned Areas)

Date: Apr 28, 2026

Vested Development Rights in Iowa Require Governmental Approval (Not Mere Pre-Ordination Expenditures in Unzoned Areas) Introduction Worthwhile Wind, LLC v. Worth County Board of Supervisors (Iowa...

Nevada Supreme Court Reinforces: Social-Media Platform Design and Safety Misrepresentations Are Not Shielded by CDA § 230 or the First Amendment at the Pleading Stage

Date: Apr 27, 2026

Nevada Supreme Court Reinforces: Social-Media Platform Design and Safety Misrepresentations Are Not Shielded by CDA § 230 or the First Amendment at the Pleading Stage 1. Introduction In META...

Nevada May Exercise Specific Jurisdiction Over Social-Media Platforms Based on Data/Ad Monetization Contacts; NDTPA, Design-Defect, and Failure-to-Warn Claims Not Barred at Pleading Stage by CDA § 230 or the First Amendment When Targeting Platform Design and the Platform’s Own Misstatements

Date: Apr 27, 2026

Nevada May Exercise Specific Jurisdiction Over Social-Media Platforms Based on Data/Ad Monetization Contacts; NDTPA, Design-Defect, and Failure-to-Warn Claims Not Barred at Pleading Stage by CDA §...

In re S.S.: Imminent Release, Acknowledged Substance Abuse, and Demonstrated Rehabilitation Require Meaningful Consideration of a Post-Adjudicatory Improvement Period

Date: Apr 27, 2026

In re S.S.: Imminent Release, Acknowledged Substance Abuse, and Demonstrated Rehabilitation Require Meaningful Consideration of a Post-Adjudicatory Improvement Period Introduction In In re S.S. (W....

Mandatory Dismissal Means No Reinstatement: RSA 135:17-a, IV Limits Trial-Court Authority After a 12-Month Non-Restoration Finding

Date: Apr 27, 2026

Mandatory Dismissal Means No Reinstatement: RSA 135:17-a, IV Limits Trial-Court Authority After a 12-Month Non-Restoration Finding I. Introduction In State v. Freese, 2026 N.H. 18, the Supreme Court...

14 V.S.A. § 917 Authorizes Probate Division to Order a Guardian to Reimburse a Ward’s Estate for Fiduciary Misconduct

Date: Apr 27, 2026

14 V.S.A. § 917 Authorizes Probate Division to Order a Guardian to Reimburse a Ward’s Estate for Fiduciary Misconduct I. Introduction In re Miriam Thomas (Paul Thomas, Appellant) (2026 VT 12) is an...

Bail Review Under 13 V.S.A. § 7553: Defendant Must Persuade the Court That Proposed Conditions Reasonably Mitigate Public-Safety Risk

Date: Apr 27, 2026

Bail Review Under 13 V.S.A. § 7553: Defendant Must Persuade the Court That Proposed Conditions Reasonably Mitigate Public-Safety Risk Introduction In State v. Courtney Samplatsky (2026 VT 16), the...

Ordinary Lawn Maintenance Is Not “Open and Notorious” Enough to Start Ohio’s 21-Year Adverse-Possession Clock

Date: Apr 27, 2026

Ordinary Lawn Maintenance Is Not “Open and Notorious” Enough to Start Ohio’s 21-Year Adverse-Possession Clock 1. Introduction In NC Ents., L.L.C. v. Norfolk & W. Ry. Co., Slip Opinion No....

Cover Without the Breaching Seller: Iowa Clarifies Reasonable Cover and Mitigation Under Iowa Code § 554.2712

Date: Apr 27, 2026

Cover Without the Breaching Seller: Iowa Clarifies Reasonable Cover and Mitigation Under Iowa Code § 554.2712 1. Introduction CMT Highway, LLC (manufacturer of dowel baskets, tie bars, and related...

ICRA Disability Claims: Intentional Disparate Treatment Required; “Stereotypes” Instruction Error; Post-Misconduct Accommodation Requests Are Untimely

Date: Apr 27, 2026

ICRA Disability Claims: Intentional Disparate Treatment Required; “Stereotypes” Instruction Error; Post-Misconduct Accommodation Requests Are Untimely Case: Matthew Lewis Hunter v. City of Des...

Kingsbury v. Second Injury Fund of Iowa — Employer Compromise Settlement Must Fix Permanent-Disability Liability to Preserve Fund Claim

Date: Apr 27, 2026

Employer Compromise Settlement Must Fix Permanent-Disability Liability to Preserve Second Injury Fund Claim Case: Sarah Kingsbury v. Second Injury Fund of Iowa Court: Supreme Court of Iowa Date:...

Vacated Utility Rates Cannot Be “Trued-Up” Through Later Regulatory Assets Absent a Stay or Interim Rates (No Retroactive Loss Recovery)

Date: Apr 27, 2026

Vacated Utility Rates Cannot Be “Trued-Up” Through Later Regulatory Assets Absent a Stay or Interim Rates (No Retroactive Loss Recovery) Case: El Paso Elec. Co. v. N.M. Pub. Regul. Comm'n (Supreme...

Certificates of Rental Occupancy Can Establish a Lawful Preexisting STR Use When the Property Does Not Meet the Ordinance Definition of an ADU

Date: Apr 27, 2026

Certificates of Rental Occupancy Can Establish a Lawful Preexisting STR Use When the Property Does Not Meet the Ordinance Definition of an ADU 1. Introduction In Donald McGowan & a. v. Town of...

Separate-Vote Compliance in Montana Initiatives: “New Matter” Is Not Double-Counted, and Necessary Scope Definitions Do Not Create Extra Amendments

Date: Apr 27, 2026

Separate-Vote Compliance in Montana Initiatives: “New Matter” Is Not Double-Counted, and Necessary Scope Definitions Do Not Create Extra Amendments 1. Introduction In Transparent Election Initiative...

State v. Horton: Each Layer of Double Hearsay Must Independently Fit an Exception, and Appellate Courts May Independently Assess Prosecutorial Error Despite Sustained Objections

Date: Apr 27, 2026

State v. Horton: Each Layer of Double Hearsay Must Independently Fit an Exception, and Appellate Courts May Independently Assess Prosecutorial Error Despite Sustained Objections Court: Supreme Court...

State v. Montgomery: Kansas Clarifies a Two-Step Framework for Judicial Comment Error (Error + Prejudice) and Chapman Harmlessness

Date: Apr 27, 2026

State v. Montgomery: Kansas Clarifies a Two-Step Framework for Judicial Comment Error (Error + Prejudice) and Chapman Harmlessness Court: Supreme Court of Kansas | Date: April 24, 2026 | Disposition:...

State v. Smith (Kan. 2026): Appellate Discretion to Decline Review of Unpreserved Claims Even When an Exception Could Apply

Date: Apr 27, 2026

Appellate Discretion to Decline Review of Unpreserved Claims Even When an Exception Could Apply Case: State v. Smith Court: Supreme Court of Kansas Date: April 24, 2026 1. Introduction State v. Smith...

Mootness from Superseding Pleadings and the Low Bar of Mississippi Notice Pleading in Public-Figure Defamation at the Rule 12(b)(6) Stage

Date: Apr 25, 2026

Mootness from Superseding Pleadings and the Low Bar of Mississippi Notice Pleading in Public-Figure Defamation at the Rule 12(b)(6) Stage Introduction In Phil Bryant and Deborah Bryant v. Deep South...

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