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

“Silence Is Denial”- The Eleventh Circuit’s Clarification on § 1443 Removals and Cost-Shifting for Frivolous Second-Time Removals

“Silence Is Denial”- The Eleventh Circuit’s Clarification on § 1443 Removals and Cost-Shifting for Frivolous Second-Time Removals

Date: May 10, 2025
“Silence Is Denial” – The Eleventh Circuit’s Clarification on § 1443 Removals and Cost-Shifting for Frivolous Second-Time Removals 1. Introduction The decision in U.S. Bank, National Association as...
“Roberts v. Rayonier” and the Eleventh Circuit’s Reinforcement of the
            Amount-in-Controversy “Legal Certainty” Test when Injunctive Relief and Un-pleaded
            Punitive Damages Are Invoked

“Roberts v. Rayonier” and the Eleventh Circuit’s Reinforcement of the Amount-in-Controversy “Legal Certainty” Test when Injunctive Relief and Un-pleaded Punitive Damages Are Invoked

Date: May 10, 2025
“Roberts v. Rayonier” and the Eleventh Circuit’s Reinforcement of the Amount-in-Controversy “Legal Certainty” Test when Injunctive Relief and Un-pleaded Punitive Damages Are Invoked Introduction The...
Smith v. Municipality of Anchorage: Full Appellate Review of Municipal Campsite Abatements

Smith v. Municipality of Anchorage: Full Appellate Review of Municipal Campsite Abatements

Date: May 10, 2025
Smith v. Municipality of Anchorage: Full Appellate Review of Municipal Campsite Abatements Introduction The Supreme Court of Alaska's decision in Gregory Smith, et al. v. Municipality of Anchorage...
Qualified Immunity Under Iowa Code §670.4A Limits and Pseudonymous Pleading Standards

Qualified Immunity Under Iowa Code §670.4A Limits and Pseudonymous Pleading Standards

Date: May 10, 2025
Qualified Immunity Under Iowa Code §670.4A Limits and Pseudonymous Pleading Standards Introduction This commentary analyzes the Iowa Supreme Court’s decision in Parent Father Doe and Parent Mother...
Expansive Definition of “Crime of Child Abuse” Encompassing Attempted Online Solicitation: Sandoval Argueta v. Bondi

Expansive Definition of “Crime of Child Abuse” Encompassing Attempted Online Solicitation: Sandoval Argueta v. Bondi

Date: May 10, 2025
Expansive Definition of “Crime of Child Abuse” Encompassing Attempted Online Solicitation: Sandoval Argueta v. Bondi Introduction Sandoval Argueta v. Bondi (5th Cir. May 9, 2025) clarifies the scope...
Clarifying the “Compelling Reason” Standard for Psychological Examinations of Complainants

Clarifying the “Compelling Reason” Standard for Psychological Examinations of Complainants

Date: May 10, 2025
Clarifying the “Compelling Reason” Standard for Psychological Examinations of Complainants 1. Introduction In People of the State of Michigan v. Jason Lee Fedewa (Sup. Ct. Mich., May 9, 2025), the...
Wyatt v. SCI-Mahanoy: Pleading Standards for Collective Prison Lockdowns Under the Eighth and Fourteenth Amendments

Wyatt v. SCI-Mahanoy: Pleading Standards for Collective Prison Lockdowns Under the Eighth and Fourteenth Amendments

Date: May 10, 2025
Wyatt v. SCI-Mahanoy: Pleading Standards for Collective Prison Lockdowns Under the Eighth and Fourteenth Amendments Introduction In Tariq Wyatt v. Superintendent Mahanoy SCI, the United States Court...
Clarifying the Ten-Year Exclusive Use Requirement and Credibility Assessment in Adverse Possession

Clarifying the Ten-Year Exclusive Use Requirement and Credibility Assessment in Adverse Possession

Date: May 10, 2025
Clarifying the Ten-Year Exclusive Use Requirement and Credibility Assessment in Adverse Possession Introduction The Supreme Court of Rhode Island’s decision in Edgar Sepulveda, in his capacity as...
Self-Serving Affidavits, Implied Covenant, and Unjust Enrichment: Daimler v. Moehle Precedent

Self-Serving Affidavits, Implied Covenant, and Unjust Enrichment: Daimler v. Moehle Precedent

Date: May 10, 2025
Self-Serving Affidavits, Implied Covenant, and Unjust Enrichment: Daimler v. Moehle Precedent 1. Introduction Eric Daimler and Chris Moehle, both early-stage robotics investors, formed two joint...
Mandamus Under Rule 75 and Single‐Credit Rule for Consecutive Sentences: Burke v. Deml

Mandamus Under Rule 75 and Single‐Credit Rule for Consecutive Sentences: Burke v. Deml

Date: May 10, 2025
Mandamus Under Rule 75 and Single‐Credit Rule for Consecutive Sentences: Burke v. Deml Introduction The Vermont Supreme Court’s decision in James Burke v. Nicholas Deml et al. (No. 24-AP-369, May 9,...
Equitable Offsetting of Spousal Maintenance with Property Awards in Vermont Divorce Law

Equitable Offsetting of Spousal Maintenance with Property Awards in Vermont Divorce Law

Date: May 10, 2025
Equitable Offsetting of Spousal Maintenance with Property Awards in Vermont Divorce Law Introduction This commentary examines the Vermont Supreme Court’s decision in Christian Borgesen v. Debra...
Single-Application Continuity and Propane Tank Removal Standards under CF 111: Bourne’s Inc. v. Lemelson

Single-Application Continuity and Propane Tank Removal Standards under CF 111: Bourne’s Inc. v. Lemelson

Date: May 10, 2025
Single-Application Continuity and Propane Tank Removal Standards under CF 111: Bourne’s Inc. v. Lemelson Introduction In Bourne’s Inc. d/b/a v. Emmanuel Lemelson, the Vermont Supreme Court (May 9,...
Clarification of Personal Jurisdiction and Contract Privity in Insurance Claims: Smith v. Aegon USA

Clarification of Personal Jurisdiction and Contract Privity in Insurance Claims: Smith v. Aegon USA

Date: May 10, 2025
Clarification of Personal Jurisdiction and Contract Privity in Insurance Claims: Smith v. Aegon USA Introduction Smith v. Aegon USA, decided May 9, 2025 by the Fifth Circuit Court of Appeals,...

        Implied-Consent Quantum Meruit Awards Survive the “Express-Contract Bar” – 
        An Analysis of JB Accounting Services, LLC v. Winters

Implied-Consent Quantum Meruit Awards Survive the “Express-Contract Bar” – An Analysis of JB Accounting Services, LLC v. Winters

Date: May 10, 2025
Implied-Consent Quantum Meruit Awards Survive the “Express-Contract Bar” – JB Accounting Services, LLC; JB Accounting Tax Service Check Cashing, LLC; JB Accounting Tax Services, LLC; and Jennifer...
Personal Motives, Corporate Shields: Alabama Supreme Court Narrows Vicarious Liability and Clarifies Causation in Intentional-Interference Claims – Commentary on Flickinger v. King (2025)

Personal Motives, Corporate Shields: Alabama Supreme Court Narrows Vicarious Liability and Clarifies Causation in Intentional-Interference Claims – Commentary on Flickinger v. King (2025)

Date: May 10, 2025
Personal Motives, Corporate Shields: Alabama Supreme Court Narrows Vicarious Liability and Clarifies Causation in Intentional-Interference Claims – Commentary on Flickinger v. King (2025) 1....
United States v. Estacio: Eleventh Circuit Reaffirms Broad District-Court Discretion to Deny § 3582(c)(2) Reductions After Amendment 821

United States v. Estacio: Eleventh Circuit Reaffirms Broad District-Court Discretion to Deny § 3582(c)(2) Reductions After Amendment 821

Date: May 10, 2025
United States v. Estacio: Eleventh Circuit Reaffirms Broad District-Court Discretion to Deny § 3582(c)(2) Reductions After Amendment 821 Introduction In United States v. Henri Manrique Estacio, No....
Legislative “Clarification” Cannot Override Binding Precedent: Separation of Powers and Ex Post Facto Constraints on Retroactive Sentencing Amendments

Legislative “Clarification” Cannot Override Binding Precedent: Separation of Powers and Ex Post Facto Constraints on Retroactive Sentencing Amendments

Date: May 10, 2025
Legislative “Clarification” Cannot Override Binding Precedent: Separation of Powers and Ex Post Facto Constraints on Retroactive Sentencing Amendments Introduction Yako W. Collins was convicted in...
Waiver of Tennessee QIC Privilege by Voluntary Disclosure

Waiver of Tennessee QIC Privilege by Voluntary Disclosure

Date: May 10, 2025
Waiver of Tennessee QIC Privilege by Voluntary Disclosure Introduction This commentary examines the Supreme Court of Tennessee’s decision in Payton Castillo v. David Lloyd Rex, M.D., 2025 WL ______...
LULAC v. Pate: Clarifying Organizational Standing—Resource Diversion Does Not Constitute Legally Cognizable Injury

LULAC v. Pate: Clarifying Organizational Standing—Resource Diversion Does Not Constitute Legally Cognizable Injury

Date: May 10, 2025
LULAC v. Pate: Clarifying Organizational Standing—Resource Diversion Does Not Constitute Legally Cognizable Injury Introduction League of United Latin American Citizens of Iowa (LULAC) filed suit in...
Statutory Antiretaliation Remedy Preempts Common-Law Public-Policy Wrongful Discharge Claims under the FCA

Statutory Antiretaliation Remedy Preempts Common-Law Public-Policy Wrongful Discharge Claims under the FCA

Date: May 10, 2025
Statutory Antiretaliation Remedy Preempts Common-Law Public-Policy Wrongful Discharge Claims under the FCA Introduction This commentary examines the Nebraska Supreme Court’s decision in Dibbern v....
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