affirmation-of-qualified-immunity-in-prisoners& Case Commentaries

Prohibition on Civil Sanctions Against Prosecutors Under Iowa Rule 1.413 and Iowa Code § 619.19 in Criminal Cases

Date: May 31, 2025

Prohibition on Civil Sanctions Against Prosecutors Under Iowa Rule 1.413 and Iowa Code § 619.19 in Criminal Cases Introduction Theron M. Christensen, an assistant county attorney in Story County,...

Hodges v. Grand Rapids: Defining Qualified Immunity and Evidence Scope at the Pleading Stage

Date: May 31, 2025

Hodges v. City of Grand Rapids: Defining Qualified Immunity and Evidence Scope at the Pleading Stage Introduction In Whitney Hodges v. City of Grand Rapids, Mich., the Sixth Circuit addressed the...

Clarifying Appellate Review of Sentencing: Correcting Oral/Written Discrepancies, Delegation to Probation, and Sentencing Adjustments in Conspiracy and §924(c) Cases

Date: May 31, 2025

Clarifying Appellate Review of Sentencing: Correcting Oral/Written Discrepancies, Delegation to Probation, and Sentencing Adjustments in Conspiracy and §924(c) Cases Introduction The consolidated...

But-For Causation Satisfies Inclusion of Prior Sentence under U.S.S.G. §4A1.2(e)(1)

Date: May 31, 2025

But-For Causation Satisfies Inclusion of Prior Sentence under U.S.S.G. §4A1.2(e)(1) Introduction The Sixth Circuit’s decision in United States v. Leonel Miller Hinojosa, Jr. (6th Cir. May 30, 2025)...

Belhak v. Smith: Clarifying Causation Evidence and Trial-Misconduct Review in Medical Negligence

Date: May 31, 2025

Belhak v. Smith: Clarifying Causation Evidence and Trial-Misconduct Review in Medical Negligence Introduction In Fatima E. Belhak and Abdellatif Elfila v. Denice Smith, M.D., and Women's Care...

United States v. Peppers: Standards for Constructive Amendment, Hearsay Exception, and Post-Expiration Supervised Release Revocation

Date: May 31, 2025

United States v. Peppers: Standards for Constructive Amendment, Hearsay Exception, and Post-Expiration Supervised Release Revocation Introduction In United States v. Peppers, 10th Cir. No. 23-3112 &...

Industry Standards and Reasonable Basis in First-Party Claim Denials: El Dueno v. Mid-Century Insurance

Date: May 31, 2025

Industry Standards and Reasonable Basis in First-Party Claim Denials: El Dueno v. Mid-Century Insurance 1. Introduction The Tenth Circuit’s decision in El Dueno, LLC v. Mid-Century Insurance Company...

Mandating Expeditious Administration of Pennsylvania’s Instantaneous Firearms Background Checks

Date: May 31, 2025

Mandating Expeditious Administration of Pennsylvania’s Instantaneous Firearms Background Checks Introduction This case arises from a dispute over the Pennsylvania State Police’s (“PSP”) performance...

Extending the Inconsistent Verdicts Doctrine to Special Interrogatories

Date: May 31, 2025

Extending the Inconsistent Verdicts Doctrine to Special Interrogatories Introduction In Commonwealth v. Muhammad, the Pennsylvania Supreme Court considered whether the familiar “inconsistent...

Clarifying Trial Discretion and Warrant Particularity: Expert Witness Designation and Vehicle Search in Marquez v. Wyoming

Date: May 31, 2025

Clarifying Trial Discretion and Warrant Particularity: Expert Witness Designation and Vehicle Search in Marquez v. Wyoming Introduction This commentary examines the Supreme Court of Wyoming’s...

Clarifying the One-Year Limitation and Tolling in Nebraska Postconviction Relief: State v. Trail

Date: May 31, 2025

Clarifying the One-Year Limitation and Tolling in Nebraska Postconviction Relief: State v. Trail Introduction State v. Trail, 319 Neb. 84 (2025), represents a landmark pronouncement by the Nebraska...

Enforcing Diligence in Civil Litigation: Upholding Dismissal for Want of Prosecution and Rigorous Standards for Excusable Neglect

Date: May 30, 2025

Enforcing Diligence in Civil Litigation: Upholding Dismissal for Want of Prosecution and Rigorous Standards for Excusable Neglect 1. Introduction Terri Griffiths v. Lorin Eggemeyer (7th Cir. May 29,...

Triggering of the §1182(h) Waiver Stop-Time Rule Upon Initiation of Proceedings: Niz-Chavez Does Not Apply

Date: May 30, 2025

Triggering of the §1182(h) Waiver Stop-Time Rule Upon Initiation of Proceedings: Niz-Chavez Does Not Apply Introduction Nakia Courtney Hamilton, a Jamaican national and lawful permanent resident of...

Public Reprimand for Practicing Law During Interim Suspension Amid Mental-Health Crisis: Columbus Bar Assn. v. Bryant

Date: May 30, 2025

Public Reprimand for Practicing Law During Interim Suspension Amid Mental-Health Crisis: Columbus Bar Assn. v. Bryant Introduction In Columbus Bar Assn. v. Bryant (2025-Ohio-1879), the Supreme Court...

Exclusion of Metropolitan Police Departments from Nevada’s Judicial Confirmation Law and the NPRA’s Exclusive Public Records Remedy

Date: May 30, 2025

Exclusion of Metropolitan Police Departments from Nevada’s Judicial Confirmation Law and the NPRA’s Exclusive Public Records Remedy Introduction In In re: Public Records Request to Las Vegas Metro....

Fit Natural Parent Presumption Trumps Nonrelative Custody: Oxley v. Lumpkins

Date: May 30, 2025

Fit Natural Parent Presumption Trumps Nonrelative Custody: Oxley v. Lumpkins Introduction In Zachary M. Oxley v. Larry Ray Lumpkins (2025 Ark. 98), the Supreme Court of Arkansas addressed a novel...

Judicial Review as a “Special Proceeding” under NRS 18.020(4): Recoverability, Apportionment, and Cost Accrual

Date: May 30, 2025

Judicial Review as a “Special Proceeding” under NRS 18.020(4): Recoverability, Apportionment, and Cost Accrual Introduction In In re: D.O.T. Litigation, the Supreme Court of Nevada considered whether...

“The Alzate Doctrine” – Repeated Omissions about Prior Injuries Justify Permanent Disqualification under Workers' Compensation Law § 114-a

Date: May 30, 2025

“The Alzate Doctrine” – Repeated Omissions about Prior Injuries Justify Permanent Disqualification under Workers' Compensation Law § 114-a 1. Introduction Case: Matter of Alzate v. Quality Building...

Mississippi Supreme Court Defines Joinder and Consolidation Criteria for Multi-Party Mass-Tort Settlement-Fund Disputes

Date: May 30, 2025

Mississippi Supreme Court Defines Joinder and Consolidation Criteria for Multi-Party Mass-Tort Settlement-Fund Disputes Introduction The Supreme Court of Mississippi’s decision in Freese, Goss &...

Affirming First-Degree Murder Convictions: Weight-of-Evidence Standard and Creduality in Recanted Confessions

Date: May 30, 2025

Affirming First-Degree Murder Convictions: Weight-of-Evidence Standard and Credibility in Recanted Confessions Introduction The Supreme Court of Mississippi’s decision in Keith Coleman, Jr. a/k/a K2...

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affirmation-of-qualified-immunity-in-prisoners& Case Commentaries

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