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

Reaffirming UPCCRA Procedural Bars in Capital Post-Conviction Relief: Chamberlin v. Mississippi

Reaffirming UPCCRA Procedural Bars in Capital Post-Conviction Relief: Chamberlin v. Mississippi

Date: May 16, 2025
Reaffirming UPCCRA Procedural Bars in Capital Post-Conviction Relief: Chamberlin v. Mississippi Introduction The Supreme Court of Mississippi’s en banc decision in Lisa Jo Chamberlin v. State of...
Prohibition of Third-Party Cause-of-Action Purchases in Bankruptcy under Mississippi’s Champerty Statute

Prohibition of Third-Party Cause-of-Action Purchases in Bankruptcy under Mississippi’s Champerty Statute

Date: May 16, 2025
Prohibition of Third-Party Cause-of-Action Purchases in Bankruptcy under Mississippi’s Champerty Statute Introduction This commentary examines Crabtree v. Allstate Property and Casualty Insurance...
No Rule 54(b) Appeal Without Finality: Zivkovic v. Laura Christy LLC Clarifies Limits on Conditional Dismissals

No Rule 54(b) Appeal Without Finality: Zivkovic v. Laura Christy LLC Clarifies Limits on Conditional Dismissals

Date: May 16, 2025
No Rule 54(b) Appeal Without Finality: Zivkovic v. Laura Christy LLC Clarifies Limits on Conditional Dismissals Introduction Zivkovic v. Laura Christy LLC is a Second Circuit decision (Docket No....
Unenforced or Repealed Ordinance Cannot Support Arkansas Civil Rights Act Liability

Unenforced or Repealed Ordinance Cannot Support Arkansas Civil Rights Act Liability

Date: May 16, 2025
Unenforced or Repealed Ordinance Cannot Support Arkansas Civil Rights Act Liability Introduction In Boyle Ventures, LLC v. City of Fayetteville (2025 Ark. 71), the Supreme Court of Arkansas addressed...
Privilege for U-Visa and T-Visa Applications in Criminal Discovery: Ramirez v. Marsh

Privilege for U-Visa and T-Visa Applications in Criminal Discovery: Ramirez v. Marsh

Date: May 16, 2025
Privilege for U-Visa and T-Visa Applications in Criminal Discovery: Ramirez v. Marsh Introduction Ramirez v. Marsh (2025) is a landmark New Mexico Supreme Court decision consolidating two original...
Presumptive Suspension for Attorney Criminal Misconduct Involving Domestic Violence

Presumptive Suspension for Attorney Criminal Misconduct Involving Domestic Violence

Date: May 16, 2025
Presumptive Suspension for Attorney Criminal Misconduct Involving Domestic Violence Introduction This commentary examines the Florida Supreme Court’s decision in The Florida Bar v. Ryan F. C....
United States v. Gary: Elevating General Deterrence in Fentanyl-Death Cases – The Eleventh Circuit’s Refined Approach to § 3553(a) Balancing

United States v. Gary: Elevating General Deterrence in Fentanyl-Death Cases – The Eleventh Circuit’s Refined Approach to § 3553(a) Balancing

Date: May 16, 2025
United States v. Gary: Elevating General Deterrence in Fentanyl-Death Cases – The Eleventh Circuit’s Refined Approach to § 3553(a) Balancing Introduction United States v. Chase Michael Gary, No....
Clarifying Pleading Standards for Age Discrimination, Breach of Contract, and Trespass to Chattels Claims in the Third Circuit

Clarifying Pleading Standards for Age Discrimination, Breach of Contract, and Trespass to Chattels Claims in the Third Circuit

Date: May 16, 2025
Clarifying Pleading Standards for Age Discrimination, Breach of Contract, and Trespass to Chattels Claims in the Third Circuit Introduction This commentary examines the Third Circuit’s May 15, 2025...
Clarifying Federal Removal Jurisdiction: Limits on Federal‐Question and Diversity Removal in Foreclosure Actions

Clarifying Federal Removal Jurisdiction: Limits on Federal‐Question and Diversity Removal in Foreclosure Actions

Date: May 16, 2025
Clarifying Federal Removal Jurisdiction: Limits on Federal‐Question and Diversity Removal in Foreclosure Actions Introduction In M&T Bank v. Chryssoula Arsenis, the United States Court of Appeals for...
Clarification of the “Unable-or-Unwilling-to-Control” Test in Private-Actor Persecution Asylum Claims

Clarification of the “Unable-or-Unwilling-to-Control” Test in Private-Actor Persecution Asylum Claims

Date: May 16, 2025
Clarification of the “Unable-or-Unwilling-to-Control” Test in Private-Actor Persecution Asylum Claims 1. Introduction Ingrid Cisneros Martinez, a Peruvian national, petitioned the United States Court...
Boyce v. State: Eliminating Separate “Mere Presence” Jury Instructions Where Instructions Suffice

Boyce v. State: Eliminating Separate “Mere Presence” Jury Instructions Where Instructions Suffice

Date: May 16, 2025
Boyce v. State: Eliminating Separate “Mere Presence” Jury Instructions Where Instructions Suffice Introduction This commentary examines the Delaware Supreme Court’s decision in Boyce v. State, 2025...
Extension of §3C1.3 Enhancement to Offenses Committed While on Supervised Release Pending Proceedings

Extension of §3C1.3 Enhancement to Offenses Committed While on Supervised Release Pending Proceedings

Date: May 16, 2025
Extension of §3C1.3 Enhancement to Offenses Committed While on Supervised Release Pending Proceedings Introduction United States v. Nellis (2d Cir. May 15, 2025) addresses whether the Sentencing...
Mutual Contractual Indemnification for First-Party Breach Claims

Mutual Contractual Indemnification for First-Party Breach Claims

Date: May 16, 2025
Mutual Contractual Indemnification for First-Party Breach Claims Introduction Trade Links, LLC v. BI-QEM SA de CV, decided May 15, 2025 by the Second Circuit, addresses two central issues: (1) the...
District Court Discretion in Rule 41(b) Dismissals and Prevailing Defendants’ Appeal Rights

District Court Discretion in Rule 41(b) Dismissals and Prevailing Defendants’ Appeal Rights

Date: May 16, 2025
District Court Discretion in Rule 41(b) Dismissals and Prevailing Defendants’ Appeal Rights Introduction Tacon v. Cromwell, 24-3138-cv (2d Cir. May 15, 2025) arose from a breach-of-guaranty action...
Warrior Met Coal Mining, LLC v. OWCP: Reaffirming the Fifteen-Year Presumption and the ALJ’s Evidentiary Primacy in Black Lung Claims

Warrior Met Coal Mining, LLC v. OWCP: Reaffirming the Fifteen-Year Presumption and the ALJ’s Evidentiary Primacy in Black Lung Claims

Date: May 16, 2025
Warrior Met Coal Mining, LLC v. OWCP: Reaffirming the Fifteen-Year Presumption and the ALJ’s Evidentiary Primacy in Black Lung Claims 1. Introduction In Warrior Met Coal Mining, LLC v. Director,...
Reaffirming the Scope of the Tax Injunction Act and the Requirement of Without-Prejudice Dismissals: Commentary on Vonn Capel v. Pasco County

Reaffirming the Scope of the Tax Injunction Act and the Requirement of Without-Prejudice Dismissals: Commentary on Vonn Capel v. Pasco County

Date: May 16, 2025
Reaffirming the Scope of the Tax Injunction Act and the Requirement of Without-Prejudice Dismissals Commentary on Vonn Capel v. Pasco County (11th Cir. 2025) 1. Introduction In Vonn Capel v. Pasco...
Requirement of Comprehensive Credibility Findings in Child Abuse and Neglect Adjudications

Requirement of Comprehensive Credibility Findings in Child Abuse and Neglect Adjudications

Date: May 15, 2025
Requirement of Comprehensive Credibility Findings in Child Abuse and Neglect Adjudications Introduction In In re J.E., the Supreme Court of Appeals of West Virginia reviewed a circuit‐court order...
Affirming the Historical Tradition of Disarming Felons: § 922(g)(1) and the Bruen Framework

Affirming the Historical Tradition of Disarming Felons: § 922(g)(1) and the Bruen Framework

Date: May 15, 2025
Affirming the Historical Tradition of Disarming Felons: § 922(g)(1) and the Bruen Framework Introduction United States v. Brown, No. 24-60490 (5th Cir. May 14, 2025), addresses whether 18 U.S.C. §...
Exhaustion of FRA Certification Process as Prerequisite to ADA Qualification for Railroad Conductors

Exhaustion of FRA Certification Process as Prerequisite to ADA Qualification for Railroad Conductors

Date: May 15, 2025
Exhaustion of FRA Certification Process as Prerequisite to ADA Qualification for Railroad Conductors Introduction Turner v. BNSF Railway (5th Cir. 2025) arises from Tracy Turner’s challenge under...
Identical‐Product‐Plus‐In‐State‐Injury: Expanding Specific Personal Jurisdiction Under Ford

Identical‐Product‐Plus‐In‐State‐Injury: Expanding Specific Personal Jurisdiction Under Ford

Date: May 15, 2025
Identical‐Product‐Plus‐In‐State‐Injury: Expanding Specific Personal Jurisdiction Under Ford Introduction In Ethridge v. Samsung SDI Co. (5th Cir. 2025), a Texas resident sued Samsung SDI, a South...
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