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

Clarifying “Prohibited Practices” Under Iowa’s Consumer Fraud Act: Intent, Reliance, and Written-Contract Controls

Clarifying “Prohibited Practices” Under Iowa’s Consumer Fraud Act: Intent, Reliance, and Written-Contract Controls

Date: May 3, 2025
Clarifying “Prohibited Practices” Under Iowa’s Consumer Fraud Act: Intent, Reliance, and Written-Contract Controls Introduction The dispute in Bradshaw Renovations, LLC v. Barry Graham & Jacklynn...
Use of a Firearm in the Commission of a Felony Includes Conspiracy under WV Code § 61-7-15a

Use of a Firearm in the Commission of a Felony Includes Conspiracy under WV Code § 61-7-15a

Date: May 3, 2025
Use of a Firearm in the Commission of a Felony Includes Conspiracy under WV Code § 61-7-15a Introduction State of West Virginia v. Brian Allen Merchant Jones (No. 23-13, decided May 2, 2025) is a...
Clarifying Attorney Disclosure Obligations and Proximate Cause in Legal Malpractice: Signal Funding v. Sugar Felsenthal

Clarifying Attorney Disclosure Obligations and Proximate Cause in Legal Malpractice: Signal Funding v. Sugar Felsenthal

Date: May 3, 2025
Clarifying Attorney Disclosure Obligations and Proximate Cause in Legal Malpractice: Signal Funding v. Sugar Felsenthal Introduction Signal Funding, LLC (“Signal”) is a pre-settlement...
Clarifying Insurer Duty to Defend BIPA Claims: Access or Disclosure vs. Statutory Violations Exclusions

Clarifying Insurer Duty to Defend BIPA Claims: Access or Disclosure vs. Statutory Violations Exclusions

Date: May 3, 2025
Clarifying Insurer Duty to Defend BIPA Claims: Access or Disclosure vs. Statutory Violations Exclusions Introduction This commentary examines Citizens Insurance Company of America v. Mullins Food...
People v. Vanderbilt (2025): The Appellate Division Re-Affirms a Flexible “Searching Inquiry” and Rejects a Per-Se Pedigree Requirement for Waiver of Counsel

People v. Vanderbilt (2025): The Appellate Division Re-Affirms a Flexible “Searching Inquiry” and Rejects a Per-Se Pedigree Requirement for Waiver of Counsel

Date: May 3, 2025
People v. Vanderbilt (2025): The Appellate Division Re-Affirms a Flexible “Searching Inquiry” and Rejects a Per-Se Pedigree Requirement for Waiver of Counsel Introduction People v. Vanderbilt, 238...
Plain‐Language Zoning Interpretation and Limited Environmental Division Jurisdiction: In Re Dousevicz, Inc.

Plain‐Language Zoning Interpretation and Limited Environmental Division Jurisdiction: In Re Dousevicz, Inc.

Date: May 3, 2025
Plain‐Language Zoning Interpretation and Limited Environmental Division Jurisdiction: In Re Dousevicz, Inc. Introduction In In Re Dousevicz, Inc. CU & Site Plan Approval (2025 VT 22), the Vermont...
Criminal Liability for Unprescribed Drug Administration in Childcare: Standards for Negligence and Willful Cruelty

Criminal Liability for Unprescribed Drug Administration in Childcare: Standards for Negligence and Willful Cruelty

Date: May 3, 2025
Criminal Liability for Unprescribed Drug Administration in Childcare: Standards for Negligence and Willful Cruelty Introduction In State v. Stacey Lynn Vaillancourt, 2025 VT 20, the Vermont Supreme...
Requirement of Non-Mailing Assurances for Public Records Lists Under Idaho Law: Sentry Dynamics, Inc. v. Ada County

Requirement of Non-Mailing Assurances for Public Records Lists Under Idaho Law: Sentry Dynamics, Inc. v. Ada County

Date: May 3, 2025
Requirement of Non-Mailing Assurances for Public Records Lists Under Idaho Law: Sentry Dynamics, Inc. v. Ada County Introduction The Idaho Supreme Court decision in Sentry Dynamics, Inc. v. Ada...
Defining “Adverse Actions” and Causation in ADA and State Retaliation Claims: Sosa v. NYC DOE

Defining “Adverse Actions” and Causation in ADA and State Retaliation Claims: Sosa v. NYC DOE

Date: May 3, 2025
Defining “Adverse Actions” and Causation in ADA and State Retaliation Claims: Sosa v. NYC DOE Introduction In Sosa v. New York City Department of Education, the United States Court of Appeals for the...
Signal Funding v. Sugar Felsenthal: Clarifying Fraudulent Concealment and Disclosure Duties in Attorney-Client Relations

Signal Funding v. Sugar Felsenthal: Clarifying Fraudulent Concealment and Disclosure Duties in Attorney-Client Relations

Date: May 3, 2025
Signal Funding v. Sugar Felsenthal: Clarifying Fraudulent Concealment and Disclosure Duties in Attorney-Client Relations Introduction In Signal Funding, LLC v. Sugar Felsenthal Grais & Helsinger LLP,...
Binding Effect of Original Criminal History Category in Supervised Release Revocations

Binding Effect of Original Criminal History Category in Supervised Release Revocations

Date: May 3, 2025
Binding Effect of Original Criminal History Category in Supervised Release Revocations Introduction United States v. Roderic Bodiford, decided May 2, 2025 by the Eleventh Circuit, addresses two...
Clear and Convincing Evidence Required for Involuntary Head-Shaving of Nonconsenting Patients

Clear and Convincing Evidence Required for Involuntary Head-Shaving of Nonconsenting Patients

Date: May 3, 2025
Clear and Convincing Evidence Required for Involuntary Head-Shaving of Nonconsenting Patients Introduction In the matter of the necessity for the hospitalization of Lila B., the Supreme Court of...
AdHealth, Ltd. v. PorterCare Adventist Health Systems: Unambiguous Definition of “Medical Incident” Limits Coverage to Individual Patient Claims

AdHealth, Ltd. v. PorterCare Adventist Health Systems: Unambiguous Definition of “Medical Incident” Limits Coverage to Individual Patient Claims

Date: May 3, 2025
AdHealth, Ltd. v. PorterCare Adventist Health Systems: Unambiguous Definition of “Medical Incident” Limits Coverage to Individual Patient Claims 1. Introduction In AdHealth, Limited v. PorterCare...
Clarifying “Maintenance” Under U.S.S.G. §2D1.1(b)(12): Control, Duration, and Possessory Interest in Drug Premises Enhancement

Clarifying “Maintenance” Under U.S.S.G. §2D1.1(b)(12): Control, Duration, and Possessory Interest in Drug Premises Enhancement

Date: May 3, 2025
Clarifying “Maintenance” Under U.S.S.G. §2D1.1(b)(12): Control, Duration, and Possessory Interest in Drug Premises Enhancement Introduction United States v. Day (10th Cir. May 2, 2025) addresses a...
Municipal Indemnification and Monell Liability Under Ohio Rev. Code § 2744.07

Municipal Indemnification and Monell Liability Under Ohio Rev. Code § 2744.07

Date: May 3, 2025
Municipal Indemnification and Monell Liability Under Ohio Rev. Code § 2744.07 Introduction Roger Dean Gillispie was convicted of sexual assault in 1991, spent over two decades in a maximum‐security...
Precedent: Strict Application of RSA 482-A:26 to Unauthorized Constructions Over Public Waters

Precedent: Strict Application of RSA 482-A:26 to Unauthorized Constructions Over Public Waters

Date: May 3, 2025
Precedent: Strict Application of RSA 482-A:26 to Unauthorized Constructions Over Public Waters Introduction This commentary examines the Supreme Court of New Hampshire’s decision in Appeal of Robert...
Expanding Equitable Remedies in Land Encroachment Disputes: Trial Courts’ Discretion Beyond Easements

Expanding Equitable Remedies in Land Encroachment Disputes: Trial Courts’ Discretion Beyond Easements

Date: May 3, 2025
Expanding Equitable Remedies in Land Encroachment Disputes: Trial Courts’ Discretion Beyond Easements Introduction In Alan Haag v. Wilson Properties, LLC, and John Owen Wilson (SC-2024-0405), the...
Interest-of-Justice Jurisdiction for Conditional Guilty Pleas and the Continued Validity of the Automobile Exception

Interest-of-Justice Jurisdiction for Conditional Guilty Pleas and the Continued Validity of the Automobile Exception

Date: May 3, 2025
Interest-of-Justice Jurisdiction for Conditional Guilty Pleas and the Continued Validity of the Automobile Exception Introduction The Supreme Court of Iowa’s decision in State of Iowa v. Amadeus...
Enforcement of Appellate Mandamus Orders Prior to Expiration of Trial Court Jurisdiction

Enforcement of Appellate Mandamus Orders Prior to Expiration of Trial Court Jurisdiction

Date: May 3, 2025
Enforcement of Appellate Mandamus Orders Prior to Expiration of Trial Court Jurisdiction Introduction This commentary examines the Supreme Court of Alabama’s decision in Ex parte Tramaine Bonner,...
Operational Status Requirement for Enforceable Liquidated Damages in Physician Non-Compete Agreements

Operational Status Requirement for Enforceable Liquidated Damages in Physician Non-Compete Agreements

Date: May 3, 2025
Operational Status Requirement for Enforceable Liquidated Damages in Physician Non-Compete Agreements Introduction In Caruso v. Barton, 2025 WL XXXX (Del. May 2, 2025), the Supreme Court of Delaware...
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