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

Clarifying “Social Distinction” in Asylum Law:  Ramirez-Gomez v. Bondi and the Limits of Gang-Resistance Social Groups

Clarifying “Social Distinction” in Asylum Law: Ramirez-Gomez v. Bondi and the Limits of Gang-Resistance Social Groups

Date: May 14, 2025
Clarifying “Social Distinction” in Asylum Law: Ramirez-Gomez v. Bondi and the Limits of Gang-Resistance Social Groups Introduction Ramirez-Gomez v. Bondi, decided by the United States Court of...
“Stigma Is Not Persecution” – The Second Circuit’s Clarification of Medical-Disability Claims in Removal Proceedings

“Stigma Is Not Persecution” – The Second Circuit’s Clarification of Medical-Disability Claims in Removal Proceedings

Date: May 14, 2025
“Stigma Is Not Persecution” – The Second Circuit’s Clarification of Medical-Disability Claims in Removal Proceedings 1. Introduction In Dukuray Jawara v. Bondi, No. 22-6552-ag (2d Cir. May 13, 2025),...
Admissibility and Primacy of Child Advocacy Center Interviews in West Virginia Abuse & Neglect Proceedings

Admissibility and Primacy of Child Advocacy Center Interviews in West Virginia Abuse & Neglect Proceedings

Date: May 14, 2025
Admissibility and Primacy of CAC Interviews in West Virginia Abuse & Neglect Proceedings Introduction In In re K.H.-1, Z.H., N.H., C.H. & W.H., the Supreme Court of Appeals of West Virginia addressed...
Retaliation for Accommodation Requests: Clarifying Employer Liability under M.G.L. c. 151B

Retaliation for Accommodation Requests: Clarifying Employer Liability under M.G.L. c. 151B

Date: May 14, 2025
Retaliation for Accommodation Requests: Clarifying Employer Liability under M.G.L. c. 151B Introduction The First Circuit’s decision in Moore v. Industrial Demolition LLC, 23-1697 & 23-1703 (1st Cir....
Clarifying Effective Warranty Disclaimers and Cure Opportunities Under Indiana Law and the Magnuson-Moss Warranty Act

Clarifying Effective Warranty Disclaimers and Cure Opportunities Under Indiana Law and the Magnuson-Moss Warranty Act

Date: May 14, 2025
Clarifying Effective Warranty Disclaimers and Cure Opportunities Under Indiana Law and the Magnuson-Moss Warranty Act Introduction This commentary examines the Indiana Supreme Court’s decision in...
State v. Pajnich: Plea-Agreement Waiver of Elapsed Time Credit

State v. Pajnich: Plea-Agreement Waiver of Elapsed Time Credit

Date: May 14, 2025
State v. Pajnich: Plea-Agreement Waiver of Elapsed Time Credit Introduction In State v. Susan Joanne Pajnich, 2025 MT 101, the Supreme Court of Montana addressed whether a defendant who has agreed,...
Statutory Mootness Under 11 U.S.C. § 363(m) Bars Post-Confirmation Attacks on Non-Consensual Third-Party Releases

Statutory Mootness Under 11 U.S.C. § 363(m) Bars Post-Confirmation Attacks on Non-Consensual Third-Party Releases

Date: May 14, 2025
Statutory Mootness Under 11 U.S.C. § 363(m) Bars Post-Confirmation Attacks on Non-Consensual Third-Party Releases Introduction In In re Boy Scouts of America and Delaware BSA, LLC, the Third Circuit...
Statutory and Equitable Mootness under Section 363(m): Insulating Chapter 11 Plan Sales from Appeal and the Limits on Third-Party Releases

Statutory and Equitable Mootness under Section 363(m): Insulating Chapter 11 Plan Sales from Appeal and the Limits on Third-Party Releases

Date: May 14, 2025
Statutory and Equitable Mootness under Section 363(m): Insulating Chapter 11 Plan Sales from Appeal and the Limits on Third-Party Releases Introduction In In re Boy Scouts of America and Delaware...
Finality of § 363(b) Sales and the Limits on Non-Consensual Third-Party Releases in Chapter 11 Plans

Finality of § 363(b) Sales and the Limits on Non-Consensual Third-Party Releases in Chapter 11 Plans

Date: May 14, 2025
Finality of § 363(b) Sales and the Limits on Non-Consensual Third-Party Releases in Chapter 11 Plans Introduction This commentary examines the Third Circuit’s May 13, 2025 decision in In re Boy...
Statutory Mootness Under §363(m): Limiting Challenges to Plan-Incorporated §363 Sales

Statutory Mootness Under §363(m): Limiting Challenges to Plan-Incorporated §363 Sales

Date: May 14, 2025
Statutory Mootness Under §363(m): Limiting Challenges to Plan-Incorporated §363 Sales Introduction This appeal arises from the confirmation of the Chapter 11 Plan of Reorganization for Boy Scouts of...
Respondeat Superior Liability of Supervising Physicians for Medical Students’ Negligence

Respondeat Superior Liability of Supervising Physicians for Medical Students’ Negligence

Date: May 14, 2025
Respondeat Superior Liability of Supervising Physicians for Medical Students’ Negligence Introduction In Statham v. Quang (S24G0842), decided May 13, 2025 by the Supreme Court of Georgia, the Court...
Establishing Finality in Habeas Corpus Review: Requirement for Demonstrating a Final Judgment Before Granting Relief

Establishing Finality in Habeas Corpus Review: Requirement for Demonstrating a Final Judgment Before Granting Relief

Date: May 14, 2025
Establishing Finality in Habeas Corpus Review: Requirement for Demonstrating a Final Judgment Before Granting Relief Introduction Case Name: Joseph, Warden v. Ingram (and Vice Versa) Court: Supreme...
In re L.T. and I.T.: Suitability Determination as a Prerequisite to Grandparent Home Studies Under W. Va. Code § 49-4-114

In re L.T. and I.T.: Suitability Determination as a Prerequisite to Grandparent Home Studies Under W. Va. Code § 49-4-114

Date: May 14, 2025
In re L.T. and I.T.: Suitability Determination as a Prerequisite to Grandparent Home Studies Under W. Va. Code § 49-4-114 Introduction The Supreme Court of Appeals of West Virginia decided In re L.T....
Exclusive Remedy for Automatic Stay Violations Does Not Preclude §6503(h)(2) Tolling of Tax Penalty Collections

Exclusive Remedy for Automatic Stay Violations Does Not Preclude §6503(h)(2) Tolling of Tax Penalty Collections

Date: May 14, 2025
Exclusive Remedy for Automatic Stay Violations Does Not Preclude §6503(h)(2) Tolling of Tax Penalty Collections Introduction The Second Circuit’s May 13, 2025 summary order in United States v....
Plea-Based Admissions & Forfeiture Figures as Clear-and-Convincing Proof of the $10,000 Loss Threshold – Commentary on Roman Goltiescu v. U.S. Attorney General (11th Cir. 2025)

Plea-Based Admissions & Forfeiture Figures as Clear-and-Convincing Proof of the $10,000 Loss Threshold – Commentary on Roman Goltiescu v. U.S. Attorney General (11th Cir. 2025)

Date: May 14, 2025
Plea-Based Admissions & Forfeiture Figures as Clear-and-Convincing Proof of the $10,000 Loss Threshold Commentary on Roman Goltiescu v. U.S. Attorney General, 24-12552 (11th Cir. May 13 2025) 1....
“One Central Reason” Confirmed as the Nexus Standard for Both Asylum and Withholding-of-Removal in the Eleventh Circuit – Commentary on Carlos Cordova-Garcia v. U.S. Attorney General (2025)

“One Central Reason” Confirmed as the Nexus Standard for Both Asylum and Withholding-of-Removal in the Eleventh Circuit – Commentary on Carlos Cordova-Garcia v. U.S. Attorney General (2025)

Date: May 14, 2025
“One Central Reason” Confirmed as the Nexus Standard for Both Asylum and Withholding-of-Removal in the Eleventh Circuit Commentary on Carlos Cordova-Garcia v. U.S. Attorney General, 20-11123 (11th...
Recorded Deed Insufficient Alone to Establish Constructive Possession for Adverse Possession Under Color of Title

Recorded Deed Insufficient Alone to Establish Constructive Possession for Adverse Possession Under Color of Title

Date: May 14, 2025
Recorded Deed Insufficient Alone to Establish Constructive Possession for Adverse Possession Under Color of Title Introduction This commentary examines the Supreme Court of Georgia’s decision in...
Presumption Not Warranted: Prejudice Requirement for Statutory Maximum Errors in Sentencing

Presumption Not Warranted: Prejudice Requirement for Statutory Maximum Errors in Sentencing

Date: May 14, 2025
Presumption Not Warranted: Prejudice Requirement for Statutory Maximum Errors in Sentencing Introduction This commentary examines the Tenth Circuit’s decision in United States v. Calderon-Padilla,...
Competent Summary-Judgment Evidence of Qualification Required in §1981 Failure-to-Promote Claims

Competent Summary-Judgment Evidence of Qualification Required in §1981 Failure-to-Promote Claims

Date: May 14, 2025
Competent Summary-Judgment Evidence of Qualification Required in §1981 Failure-to-Promote Claims Introduction Fry v. City of Hernando, 5th Cir. No. 24-60532 (May 13, 2025), presents a dispute between...
Delaware’s Director-by-Director Demand Futility Standard in Shareholder Derivative Suits: Ezell v. Dinges

Delaware’s Director-by-Director Demand Futility Standard in Shareholder Derivative Suits: Ezell v. Dinges

Date: May 14, 2025
Delaware’s Director-by-Director Demand Futility Standard in Shareholder Derivative Suits: Ezell v. Dinges Introduction Ezell v. Dinges, 24-20050 (5th Cir. May 13, 2025), arises from a derivative...
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