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juvenile-sentencing-guidelines:-iowa-supreme-court Case Commentaries

Coercive Versus Persuasive Employer Speech: Clarifying Section 8(c) Boundaries in NLRB v. Garten Trucking

Coercive Versus Persuasive Employer Speech: Clarifying Section 8(c) Boundaries in NLRB v. Garten Trucking

Date: Jun 3, 2025
Coercive Versus Persuasive Employer Speech: Clarifying Section 8(c) Boundaries in NLRB v. Garten Trucking Introduction NLRB v. Garten Trucking LC arises from a union‐organizing campaign at Garten...
Clarifying the Limits of Bivens and Section 1985(3) Private Entity Liability Absent State Action

Clarifying the Limits of Bivens and Section 1985(3) Private Entity Liability Absent State Action

Date: Jun 3, 2025
Clarifying the Limits of Bivens and Section 1985(3) Private Entity Liability Absent State Action Introduction Fernandez v. Greyhound Lines, Inc. is a June 2, 2025 decision of the United States Court...
Sixth Circuit Clarifies Jurisdictional Boundaries in Mixed Actions: Mandatory Exercise for Coercive Claims and Limited Abstention for Declaratory Relief

Sixth Circuit Clarifies Jurisdictional Boundaries in Mixed Actions: Mandatory Exercise for Coercive Claims and Limited Abstention for Declaratory Relief

Date: Jun 3, 2025
Sixth Circuit Clarifies Jurisdictional Boundaries in Mixed Actions: Mandatory Exercise for Coercive Claims and Limited Abstention for Declaratory Relief Introduction Fire-Dex, LLC v. Admiral...
Clarifying the Scope of Aggravated Identity Theft Post-Dubin: United States v. Jason Weigand

Clarifying the Scope of Aggravated Identity Theft Post-Dubin: United States v. Jason Weigand

Date: Jun 3, 2025
Clarifying the Scope of Aggravated Identity Theft Post-Dubin: United States v. Jason Weigand Introduction This commentary examines the Third Circuit’s decision in United States v. Jason C. Weigand,...
Forfeiture of Claims-Processing Challenges to Defective NTAs: Espinoza v. U.S. Attorney General

Forfeiture of Claims-Processing Challenges to Defective NTAs: Espinoza v. U.S. Attorney General

Date: Jun 3, 2025
Forfeiture of Claims-Processing Challenges to Defective Notices to Appear in Immigration Proceedings Introduction This commentary examines the Eleventh Circuit’s decision in Santa I. Espinoza v. U.S....
United States v. Novis (Denkberg): Advice-of-Counsel Does Not Obviate Fraudulent Intent in Mail and Wire Fraud Schemes

United States v. Novis (Denkberg): Advice-of-Counsel Does Not Obviate Fraudulent Intent in Mail and Wire Fraud Schemes

Date: Jun 3, 2025
United States v. Novis (Denkberg): Advice-of-Counsel Does Not Obviate Fraudulent Intent in Mail and Wire Fraud Schemes Introduction United States v. Novis (Denkberg), 23-6877-cr (2d Cir. June 2,...
Affirmation of District Court’s Discretion in Supervised Release Revocation and Plain-Error Review

Affirmation of District Court’s Discretion in Supervised Release Revocation and Plain-Error Review

Date: Jun 3, 2025
Affirmation of District Court’s Discretion in Supervised Release Revocation and Plain-Error Review Introduction United States v. Johnson, No. 24-2372-cr (2d Cir. June 2, 2025), presents a routine—but...
Actual Notice Supersedes Notice-of-Pendency: Binding Successors in Foreclosure Actions

Actual Notice Supersedes Notice-of-Pendency: Binding Successors in Foreclosure Actions

Date: Jun 3, 2025
Actual Notice Supersedes Notice-of-Pendency: Binding Successors in Foreclosure Actions Introduction East Fork Funding LLC v. Deutsche Bank National Trust Company (2nd Cir. 2025) clarifies the...
Recusal Requires Objective Evidence of Bias: Brookins v. Figuccio

Recusal Requires Objective Evidence of Bias: Brookins v. Figuccio

Date: Jun 3, 2025
Recusal Requires Objective Evidence of Bias: Brookins v. Figuccio Introduction Brookins v. Figuccio, decided by the United States Court of Appeals for the Second Circuit on June 2, 2025, tested the...
Clarifying Honest-Services Fraud: Quid Pro Quo, Fiduciary Duty, and Obstruction in United States v. Lynch

Clarifying Honest-Services Fraud: Quid Pro Quo, Fiduciary Duty, and Obstruction in United States v. Lynch

Date: Jun 3, 2025
Clarifying Honest-Services Fraud: Quid Pro Quo, Fiduciary Duty, and Obstruction in United States v. Lynch Introduction United States v. Lynch (1st Cir. June 2, 2025) arises from charges against Dana...
Larson v. Gibson: Clarifying “Abuse” Under Delaware PFA to Include Pursuit-Induced Panic and Sexual Coercion

Larson v. Gibson: Clarifying “Abuse” Under Delaware PFA to Include Pursuit-Induced Panic and Sexual Coercion

Date: Jun 3, 2025
Larson v. Gibson: Clarifying “Abuse” Under Delaware PFA to Include Pursuit-Induced Panic and Sexual Coercion Introduction In Larson v. Gibson, No. 344, 2024 (Del. June 2, 2025), the Supreme Court of...
Clarifying Section 1292(a)(1): Limits on Interlocutory Appeals of Injunction Denials

Clarifying Section 1292(a)(1): Limits on Interlocutory Appeals of Injunction Denials

Date: Jun 3, 2025
Clarifying Section 1292(a)(1): Limits on Interlocutory Appeals of Injunction Denials Introduction This commentary examines the Seventh Circuit’s decision in Union Pacific Railroad Company v. Illinois...
Clarifying Alternative Murder Verdicts: Jury Step-Down Instruction and Felony-Murder Conviction Rule

Clarifying Alternative Murder Verdicts: Jury Step-Down Instruction and Felony-Murder Conviction Rule

Date: Jun 3, 2025
Clarifying Alternative Murder Verdicts: Jury Step-Down Instruction and Felony-Murder Conviction Rule Introduction State of New Mexico v. Jimmie Atkins (No. S-1-SC-39940, June 2, 2025) presents a...
Standards for Constructive Knowledge and Spoliation Sanctions in Premises Liability

Standards for Constructive Knowledge and Spoliation Sanctions in Premises Liability

Date: Jun 3, 2025
Standards for Constructive Knowledge and Spoliation Sanctions in Premises Liability 1. Introduction This commentary examines the Fifth Circuit’s decision in Keister v. Dolgencorp, No. 24-60356 (5th...
Affirmation of “At the Crux” Misuse Standard in Aggravated Identity Theft under 18 U.S.C. §1028A

Affirmation of “At the Crux” Misuse Standard in Aggravated Identity Theft under 18 U.S.C. §1028A

Date: Jun 3, 2025
Affirmation of “At the Crux” Misuse Standard in Aggravated Identity Theft under 18 U.S.C. §1028A Introduction United States v. Jason C. Weigand is a consolidated appeal from the Third Circuit Court...
Affirming Government’s Right to Disclose Post-Release Conduct Despite Plea Agreement: United States v. Gilyot

Affirming Government’s Right to Disclose Post-Release Conduct Despite Plea Agreement: United States v. Gilyot

Date: Jun 3, 2025
Affirming Government’s Right to Disclose Post-Release Conduct Despite Plea Agreement Introduction The Eleventh Circuit’s decision in United States v. Errol Michael Gilyot, No. 24-11276 (11th Cir....
Facial Constitutionality of New York’s Vacancy Survey Provisions: Pre-Compliance Review via Article 78 Upholds Fourth and Fourteenth Amendment Rights

Facial Constitutionality of New York’s Vacancy Survey Provisions: Pre-Compliance Review via Article 78 Upholds Fourth and Fourteenth Amendment Rights

Date: Jun 3, 2025
Facial Constitutionality of New York’s Vacancy Survey Provisions: Pre-Compliance Review via Article 78 Upholds Fourth and Fourteenth Amendment Rights Introduction Hudson Shore Associates Ltd....
Enforceability of Sole-Remedy Clauses and Economic Loss Rule in Maritime Fuel Supply Contracts

Enforceability of Sole-Remedy Clauses and Economic Loss Rule in Maritime Fuel Supply Contracts

Date: Jun 3, 2025
Enforceability of Sole-Remedy Clauses and Economic Loss Rule in Maritime Fuel Supply Contracts Introduction This commentary examines the Second Circuit’s Summary Order in Serifos Maritime Corporation...
Limits on Interlocutory Qualified-Immunity Appeals in §1983 Cases

Limits on Interlocutory Qualified-Immunity Appeals in §1983 Cases

Date: May 31, 2025
Limits on Interlocutory Qualified-Immunity Appeals in §1983 Cases 1. Introduction Nancy Hooks v. City of Warren, Mich. (6th Cir., May 30, 2025) arises from an April 2019 street-corner incident in...
Affirming District Court’s Broad Discretion in Upward Variances: Substantive Reasonableness in United States v. Brown

Affirming District Court’s Broad Discretion in Upward Variances: Substantive Reasonableness in United States v. Brown

Date: May 31, 2025
Affirming District Court’s Broad Discretion in Upward Variances: Substantive Reasonableness in United States v. Brown Introduction United States v. Brown, 24-30214 (5th Cir. May 30, 2025) arises from...
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