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

Accrual of Section 1983 Malicious-Prosecution Claims: Separable Indictments and Limitations Periods

Accrual of Section 1983 Malicious-Prosecution Claims: Separable Indictments and Limitations Periods

Date: May 1, 2025
Accrual of Section 1983 Malicious-Prosecution Claims: Separable Indictments and Limitations Periods Introduction Percy Dwayne Brown sued Louisville-Jefferson County Metro Government and University of...
Keller v. Keller: Documentary Contradictions Bar Fraudulent-Inducement Challenges to Post-Divorce Stipulations

Keller v. Keller: Documentary Contradictions Bar Fraudulent-Inducement Challenges to Post-Divorce Stipulations

Date: May 1, 2025
Keller v. Keller: Documentary Contradictions Bar Fraudulent-Inducement Challenges to Post-Divorce Stipulations Introduction Keller v. Keller (2025 NY Slip Op 02581) is a significant decision from the...
Clarifying “Legally Responsible” in Florida’s Health Care Clinic Act Wholly Owned Exemption

Clarifying “Legally Responsible” in Florida’s Health Care Clinic Act Wholly Owned Exemption

Date: May 1, 2025
Clarifying “Legally Responsible” in Florida’s Health Care Clinic Act Wholly Owned Exemption Introduction State Farm Mutual Automobile Insurance Company v. Michael LaRocca (11th Cir. 2025) presented a...
Affirmation of Lanham Act Statutory Damages Within Congressional Range and Limits

Affirmation of Lanham Act Statutory Damages Within Congressional Range and Limits

Date: May 1, 2025
Affirmation of Lanham Act Statutory Damages Within Congressional Range and Limits Introduction Top Tobacco, L.P., Republic Technologies (NA), LLC, and Republic Tobacco, L.P. (collectively “Republic”)...
Reaffirming Deference to Sentencing Guidelines Commentary under Stinson: Inclusion of Intended Loss in U.S.S.G. §2B1.1 Calculations

Reaffirming Deference to Sentencing Guidelines Commentary under Stinson: Inclusion of Intended Loss in U.S.S.G. §2B1.1 Calculations

Date: May 1, 2025
Reaffirming Deference to Sentencing Guidelines Commentary under Stinson: Inclusion of Intended Loss in U.S.S.G. §2B1.1 Calculations Introduction United States v. Eric Upchurch is a Seventh Circuit...
Limits on Good-Faith Reliance and Tainted Affidavits: Excluding Evidence from Overbroad State Warrants

Limits on Good-Faith Reliance and Tainted Affidavits: Excluding Evidence from Overbroad State Warrants

Date: May 1, 2025
Limits on Good-Faith Reliance and Tainted Affidavits: Excluding Evidence from Overbroad State Warrants Introduction United States v. Santiago (10th Cir., Apr. 30, 2025) addresses the Fourth...
Res Judicata and the Timeliness of Rule 60(b) Relief: Third Circuit Clarifies Preclusive Effect

Res Judicata and the Timeliness of Rule 60(b) Relief: Third Circuit Clarifies Preclusive Effect

Date: May 1, 2025
Res Judicata and the Timeliness of Rule 60(b) Relief: Third Circuit Clarifies Preclusive Effect Introduction The Third Circuit’s decision in Neil Binder v. Coldwell Banker Real Estate LLC (3d Cir....
Guardianship of A.D.H.: UCCJEA Jurisdictional Safeguards in Interstate Guardianship Transfers

Guardianship of A.D.H.: UCCJEA Jurisdictional Safeguards in Interstate Guardianship Transfers

Date: May 1, 2025
Guardianship of A.D.H.: UCCJEA Jurisdictional Safeguards in Interstate Guardianship Transfers Introduction In Guardianship of A.D.H., the Supreme Court of Montana addressed whether a guardianship...
Standards for Graduated Visitation Schedules in International Custody Modifications

Standards for Graduated Visitation Schedules in International Custody Modifications

Date: May 1, 2025
Standards for Graduated Visitation Schedules in International Custody Modifications Introduction Ekaterina Nicholaevna Pokrovskaya (“Mother”) and Eric Van Genderen Sr. (“Father”) were divorced in...
Parental Dishonesty and Court-Order Noncompliance as Material Change in Custody Modifications: Stephens v. Buell

Parental Dishonesty and Court-Order Noncompliance as Material Change in Custody Modifications: Stephens v. Buell

Date: May 1, 2025
Parental Dishonesty and Court-Order Noncompliance as Material Change in Custody Modifications: Stephens v. Buell Introduction Stephens v. Buell, decided April 30, 2025 by the Idaho Supreme Court,...
Deane v. Tracer (2025): Histopathological Proof as a Shield Against Summary Judgment in Foreign-Object Malpractice Claims

Deane v. Tracer (2025): Histopathological Proof as a Shield Against Summary Judgment in Foreign-Object Malpractice Claims

Date: May 1, 2025
Deane v. Tracer (2025): Histopathological Proof as a Shield Against Summary Judgment in Foreign-Object Malpractice Claims 1. Introduction Deane v. Tracer, 237 A.D.3d 1156 (2d Dep’t 2025) addresses...
Defining Qualifying Preexisting Disabilities and Eliminating Load Factors in PTD Claims Under RSMo § 287.220.3

Defining Qualifying Preexisting Disabilities and Eliminating Load Factors in PTD Claims Under RSMo § 287.220.3

Date: Apr 30, 2025
Defining Qualifying Preexisting Disabilities and Eliminating Load Factors in PTD Claims Under RSMo § 287.220.3 Introduction This commentary examines the Supreme Court of Missouri’s en banc decision...
Expanded Underinsured Motorist Coverage for Permissive Users under WV Code § 33-6-31(c)

Expanded Underinsured Motorist Coverage for Permissive Users under WV Code § 33-6-31(c)

Date: Apr 30, 2025
Expanded Underinsured Motorist Coverage for Permissive Users under WV Code § 33-6-31(c) Introduction Erie Insurance Property & Casualty Company v. James Skylar Cooper presents a significant dispute...
Termination by Mass Withdrawal Does Not Preclude SFA Eligibility Under 29 U.S.C. § 1432(b)(1)(A)

Termination by Mass Withdrawal Does Not Preclude SFA Eligibility Under 29 U.S.C. § 1432(b)(1)(A)

Date: Apr 30, 2025
Termination by Mass Withdrawal Does Not Preclude SFA Eligibility Under 29 U.S.C. § 1432(b)(1)(A) Introduction This commentary examines the United States Court of Appeals for the Second Circuit’s...
Affirming Absolute Litigation Privilege and the Doctrine of Mootness: RI Supreme Court in Evoqua v. Moriarty

Affirming Absolute Litigation Privilege and the Doctrine of Mootness: RI Supreme Court in Evoqua v. Moriarty

Date: Apr 30, 2025
Affirming Absolute Litigation Privilege and the Doctrine of Mootness: RI Supreme Court in Evoqua v. Moriarty Introduction Evoqua Water Technologies LLC and its affiliate Neptune-Benson sued their...
Intervening Amendment to U.S.S.G. § 4B1.2 Redefines Robbery and Upholds Texas Robbery as a Crime of Violence

Intervening Amendment to U.S.S.G. § 4B1.2 Redefines Robbery and Upholds Texas Robbery as a Crime of Violence

Date: Apr 30, 2025
Intervening Amendment to U.S.S.G. § 4B1.2 Redefines Robbery and Upholds Texas Robbery as a Crime of Violence Introduction In United States v. Wickware, No. 24-10519 (5th Cir. Apr. 29, 2025), the...
Affirmation of Circumstantial Knowledge Inference in Hidden-Compartment Drug Importation

Affirmation of Circumstantial Knowledge Inference in Hidden-Compartment Drug Importation

Date: Apr 30, 2025
Affirmation of Circumstantial Knowledge Inference in Hidden-Compartment Drug Importation Introduction United States v. Rodriguez, 5th Cir. No. 24-40031 (Apr. 29, 2025), addresses two consolidated...
Damond v. City of Alexandria: Reaffirming High Bar for §1983 Claims under §1915(e)(2)(B)

Damond v. City of Alexandria: Reaffirming High Bar for §1983 Claims under §1915(e)(2)(B)

Date: Apr 30, 2025
Damond v. City of Alexandria: Reaffirming High Bar for §1983 Claims under §1915(e)(2)(B) Introduction Damond v. City of Alexandria is a Fifth Circuit decision affirming the dismissal of a pro se...
Clarifying Function-by-Function Analysis in RFC Determinations: Ward v. Dudek

Clarifying Function-by-Function Analysis in RFC Determinations: Ward v. Dudek

Date: Apr 30, 2025
Clarifying Function-by-Function Analysis in RFC Determinations: Ward v. Dudek 1. Introduction This commentary examines the unpublished Fourth Circuit decision in Donna Macklin Ward v. Leland C....
Strict Application of Claim Preclusion to Repetitive Pro Se Land Use Claims

Strict Application of Claim Preclusion to Repetitive Pro Se Land Use Claims

Date: Apr 30, 2025
Strict Application of Claim Preclusion to Repetitive Pro Se Land Use Claims 1. Introduction The appeal arises from Benedict Mohit’s pro se challenge to the City of Haines City’s land‐use regulations,...
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