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

Williams v. Levine: Elevating XLIF to Accepted Neurosurgical Practice and Tightening Expert‐Affidavit Standards on Summary Judgment

Williams v. Levine: Elevating XLIF to Accepted Neurosurgical Practice and Tightening Expert‐Affidavit Standards on Summary Judgment

Date: May 15, 2025
Williams v. Levine: Elevating XLIF to Accepted Neurosurgical Practice and Tightening Expert-Affidavit Standards on Summary Judgment Introduction In Williams v. Levine, 2025 NY Slip Op 02962, the...
Weekes v. Tishman Technologies Corp.: Construction-Manager Liability and Ancillary Scaffold Removal under New York Labor Law §240(1)

Weekes v. Tishman Technologies Corp.: Construction-Manager Liability and Ancillary Scaffold Removal under New York Labor Law §240(1)

Date: May 15, 2025
Weekes v. Tishman Technologies Corp.: Construction-Manager Liability and Ancillary Scaffold Removal under New York Labor Law §240(1) I. Introduction In Weekes v. Tishman Technologies Corporation, 238...

        “A Legal Nullity Without Leave” –  
        Raiola v. Roman Catholic Diocese of Brooklyn and the Dual Thresholds for (1) Adding New Defendants and (2) CPLR 3211(a)(7) Dismissals

“A Legal Nullity Without Leave” – Raiola v. Roman Catholic Diocese of Brooklyn and the Dual Thresholds for (1) Adding New Defendants and (2) CPLR 3211(a)(7) Dismissals

Date: May 15, 2025
“A Legal Nullity Without Leave” – Raiola v. Roman Catholic Diocese of Brooklyn and the Dual Thresholds for (1) Adding New Defendants and (2) CPLR 3211(a)(7) Dismissals Introduction Raiola v. Roman...
“Harassment Is Not Fraud”: People v. Wilson and the Refined Standard for Intent to Defraud under N.Y. Penal Law § 175.10

“Harassment Is Not Fraud”: People v. Wilson and the Refined Standard for Intent to Defraud under N.Y. Penal Law § 175.10

Date: May 15, 2025
“Harassment Is Not Fraud”: People v. Wilson and the Refined Standard for Intent to Defraud under N.Y. Penal Law § 175.10 Introduction People v. Wilson (2025 NY Slip Op 02940) arises from a modern...
Routine Services, Routine Fees: The Second Department’s Clarification on Compensation for Court-Appointed Accountants in Article 81 Guardianships

Routine Services, Routine Fees: The Second Department’s Clarification on Compensation for Court-Appointed Accountants in Article 81 Guardianships

Date: May 15, 2025
Routine Services, Routine Fees: The Second Department’s Clarification on Compensation for Court-Appointed Accountants in Article 81 Guardianships Introduction Matter of Silda E.H. (Henderson), 238...
Presumption of Possession for Intestate Heirs – Canty v. Burns Reinforces the 10-Year Limitations Framework for Quiet-Title Actions Involving Void Deeds

Presumption of Possession for Intestate Heirs – Canty v. Burns Reinforces the 10-Year Limitations Framework for Quiet-Title Actions Involving Void Deeds

Date: May 15, 2025
Presumption of Possession for Intestate Heirs – Canty v. Burns Reinforces the 10-Year Limitations Framework for Quiet-Title Actions Involving Void Deeds 1. Introduction Canty v. Burns (2025 NY Slip...
Negligent Supervision: Employer Liability for Employee Torts – Duty, Elements, and Scope

Negligent Supervision: Employer Liability for Employee Torts – Duty, Elements, and Scope

Date: May 15, 2025
Negligent Supervision: Employer Liability for Employee Torts – Duty, Elements, and Scope Introduction This commentary examines the Supreme Court of Appeals of West Virginia’s decision in Camden-Clark...
Excluding the Arsonist from the Definition of “Occupied Structure” under A.R.S. § 13-1701(2) and § 13-1704

Excluding the Arsonist from the Definition of “Occupied Structure” under A.R.S. § 13-1701(2) and § 13-1704

Date: May 15, 2025
Excluding the Arsonist from the Definition of “Occupied Structure” under A.R.S. § 13-1701(2) and § 13-1704 Introduction This case arises from a 2007 Christmas‐night fire that engulfed a pickup truck...
United States v. Woods: The Eleventh Circuit Re-Affirms the “Keene Statement” Harmless-Error Rule and Clarifies Single-Conspiracy Analysis in Pandemic-Relief Fraud

United States v. Woods: The Eleventh Circuit Re-Affirms the “Keene Statement” Harmless-Error Rule and Clarifies Single-Conspiracy Analysis in Pandemic-Relief Fraud

Date: May 15, 2025
United States v. Woods: The Eleventh Circuit Re-Affirms the “Keene Statement” Harmless-Error Rule and Clarifies Single-Conspiracy Analysis in Pandemic-Relief Fraud Introduction United States v....
Limiting the “Capable-of-Repetition-Yet-Evading-Review” Exception in SEC No-Action Letter Appeals

Limiting the “Capable-of-Repetition-Yet-Evading-Review” Exception in SEC No-Action Letter Appeals

Date: May 15, 2025
Limiting the “Capable-of-Repetition-Yet-Evading-Review” Exception in SEC No-Action Letter Appeals Introduction This case arises from a dispute between the National Center for Public Policy Research...
Judicial Discretion in Parental Income Determination and the Limits of Rule 60 Relief in Child Support Modifications

Judicial Discretion in Parental Income Determination and the Limits of Rule 60 Relief in Child Support Modifications

Date: May 15, 2025
Judicial Discretion in Parental Income Determination and the Limits of Rule 60 Relief in Child Support Modifications Introduction David Martorano v. Melissa Mazzei f/k/a Melissa Martorano (2025 WY...
Oral Relocation Agreements and Double-Rent Liability: Atlasman v. Korol (2025) Clarifies Pleading Standards in Landlord–Tenant Disputes

Oral Relocation Agreements and Double-Rent Liability: Atlasman v. Korol (2025) Clarifies Pleading Standards in Landlord–Tenant Disputes

Date: May 15, 2025
Oral Relocation Agreements and Double-Rent Liability: Atlasman v. Korol (2025) Clarifies Pleading Standards in Landlord–Tenant Disputes Introduction Background. In Atlasman v. Korol, the Appellate...
Turner v. Rocket Mortgage: The Eleventh Circuit Narrows “Shotgun Pleading” Dismissals and Affirms Escrow-Agent Fiduciary Duties

Turner v. Rocket Mortgage: The Eleventh Circuit Narrows “Shotgun Pleading” Dismissals and Affirms Escrow-Agent Fiduciary Duties

Date: May 14, 2025
Turner v. Rocket Mortgage: The Eleventh Circuit Narrows “Shotgun Pleading” Dismissals and Affirms Escrow-Agent Fiduciary Duties Introduction Mark A. Turner, a Florida homeowner on a fixed income,...
“Substantially Equal” Means Substantially Equal: Harris v. International Paper Co. and the Comparator Threshold Under the Equal Pay Act & Title VII

“Substantially Equal” Means Substantially Equal: Harris v. International Paper Co. and the Comparator Threshold Under the Equal Pay Act & Title VII

Date: May 14, 2025
“Substantially Equal” Means Substantially Equal: Harris v. International Paper Co. Clarifying Comparator and Pretext Requirements in Equal Pay Act & Title VII Litigation Introduction In Joni Harris...
Bankruptcy Appeal Limits: §363(m) Statutory Mootness and Non-Consensual Third-Party Releases

Bankruptcy Appeal Limits: §363(m) Statutory Mootness and Non-Consensual Third-Party Releases

Date: May 14, 2025
Bankruptcy Appeal Limits: §363(m) Statutory Mootness and Non-Consensual Third-Party Releases Introduction This commentary examines the Third Circuit’s May 13, 2025 decision in In re Boy Scouts of...
Statutory Finality of §363(b) Sales and Limits on Third-Party Release Appeals in In re Boy Scouts of America

Statutory Finality of §363(b) Sales and Limits on Third-Party Release Appeals in In re Boy Scouts of America

Date: May 14, 2025
Statutory Finality of §363(b) Sales and Limits on Third-Party Release Appeals in In re Boy Scouts of America Introduction The Third Circuit’s May 13, 2025 decision in In re Boy Scouts of America and...
Statutory Mootness Under § 363(m) and the Limits on Nonconsensual Third-Party Releases in Chapter 11 Plans

Statutory Mootness Under § 363(m) and the Limits on Nonconsensual Third-Party Releases in Chapter 11 Plans

Date: May 14, 2025
Statutory Mootness Under § 363(m) and the Limits on Nonconsensual Third-Party Releases in Chapter 11 Plans Introduction In In re Boy Scouts of America & Delaware BSA LLC (3d Cir. May 13, 2025), the...
Accrual of Credit for Time Served: Jurisdiction-Dependent Credit in Multi-Case Proceedings

Accrual of Credit for Time Served: Jurisdiction-Dependent Credit in Multi-Case Proceedings

Date: May 14, 2025
Accrual of Credit for Time Served: Jurisdiction-Dependent Credit in Multi-Case Proceedings Introduction The Supreme Court of Montana’s decision in State of Montana v. William James Pillans (2025 MT...
In re H.P.: Clarifying Evidentiary Standards for Child Sexual Abuse Adjudications under West Virginia Law

In re H.P.: Clarifying Evidentiary Standards for Child Sexual Abuse Adjudications under West Virginia Law

Date: May 14, 2025
In re H.P.: Clarifying Evidentiary Standards for Child Sexual Abuse Adjudications under West Virginia Law Introduction This commentary examines the Supreme Court of Appeals of West Virginia’s...
Prevailing-Party Fee Awards Despite Plaintiff’s Nominal Victory: A Commentary on Advanced Analytics, Inc. v. Citigroup Global Markets, Inc.

Prevailing-Party Fee Awards Despite Plaintiff’s Nominal Victory: A Commentary on Advanced Analytics, Inc. v. Citigroup Global Markets, Inc.

Date: May 14, 2025
Prevailing-Party Fee Awards Despite Plaintiff’s Nominal Victory: A Commentary on Advanced Analytics, Inc. v. Citigroup Global Markets, Inc. Introduction In Advanced Analytics, Inc. v. Citigroup...
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