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

Qualified Immunity in Crowd-Intervention Arrests: Applying Objective Reasonableness and Arguable Probable Cause

Qualified Immunity in Crowd-Intervention Arrests: Applying Objective Reasonableness and Arguable Probable Cause

Date: Apr 18, 2025
Qualified Immunity in Crowd-Intervention Arrests: Applying Objective Reasonableness and Arguable Probable Cause 1. Introduction Byonca Logan v. City of Mobile arises from an incident on November 27,...
Scope of CEMA’s Truthfulness Requirement: Prohibition on False or Misleading Subject Lines in Commercial Emails

Scope of CEMA’s Truthfulness Requirement: Prohibition on False or Misleading Subject Lines in Commercial Emails

Date: Apr 18, 2025
Scope of CEMA’s Truthfulness Requirement: Prohibition on False or Misleading Subject Lines in Commercial Emails Introduction Brown v. Old Navy, LLC (No. 102592-1, Apr. 17, 2025) is a...
Administrative Matters Fall Outside Local Initiative Power: Jewels Helping Hands v. Hansen

Administrative Matters Fall Outside Local Initiative Power: Jewels Helping Hands v. Hansen

Date: Apr 18, 2025
Administrative Matters Fall Outside Local Initiative Power: Jewels Helping Hands v. Hansen Introduction In Jewels Helping Hands et al. v. Brian Hansen et al., 2025 WL ___ (Wash. Apr. 17, 2025), the...
Fourth Circuit Clarifies Narrow Scope of Earmarking, Trust and §541(b)(1) Exclusions in Bankruptcy Estates

Fourth Circuit Clarifies Narrow Scope of Earmarking, Trust and §541(b)(1) Exclusions in Bankruptcy Estates

Date: Apr 18, 2025
Fourth Circuit Clarifies Narrow Scope of Earmarking, Trust and §541(b)(1) Exclusions in Bankruptcy Estates Introduction In In re: Star Development Group, LLC, the Fourth Circuit addressed whether $1...
Clarifying Statutory Grounds for Parental Rights Termination: A Reversal and Remand

Clarifying Statutory Grounds for Parental Rights Termination: A Reversal and Remand

Date: Apr 18, 2025
Clarifying Statutory Grounds for Parental Rights Termination: A Reversal and Remand Introduction IN RE: PARENTAL RIGHTS AS TO G.V. is a landmark decision by the Supreme Court of Nevada, filed April...
Judicial Finding Requirement for Incarcerated Requesters under R.C. 149.43(B)(8)

Judicial Finding Requirement for Incarcerated Requesters under R.C. 149.43(B)(8)

Date: Apr 18, 2025
Judicial Finding Requirement for Incarcerated Requesters under R.C. 149.43(B)(8) Introduction State ex rel. Mack v. Ohio State Highway Patrol Central Records (2025-Ohio-1332) arises from a pro se...
Establishing Mootness of Pretrial Bail Habeas Corpus Claims Upon Subsequent Conviction

Establishing Mootness of Pretrial Bail Habeas Corpus Claims Upon Subsequent Conviction

Date: Apr 18, 2025
Establishing Mootness of Pretrial Bail Habeas Corpus Claims Upon Subsequent Conviction Introduction This commentary examines the Supreme Court of Ohio’s decision in Hayes v. Baldwin, Slip Opinion No....
“Qualitative Substantiality” and the Broad Reach of Sales-Tax on Information Services: Comment on Matter of Dynamic Logic, Inc. v. Tax Appeals Tribunal (2025)

“Qualitative Substantiality” and the Broad Reach of Sales-Tax on Information Services: Comment on Matter of Dynamic Logic, Inc. v. Tax Appeals Tribunal (2025)

Date: Apr 18, 2025
“Qualitative Substantiality” and the Broad Reach of Sales-Tax on Information Services: Commentary on Matter of Dynamic Logic, Inc. v. Tax Appeals Tribunal, 2025 NY Slip Op 02262 Introduction On 17...
Automatic Parole Eligibility after 15 Years for Juvenile Nonhomicide Offenders by Operation of Law

Automatic Parole Eligibility after 15 Years for Juvenile Nonhomicide Offenders by Operation of Law

Date: Apr 18, 2025
Automatic Parole Eligibility after 15 Years for Juvenile Nonhomicide Offenders by Operation of Law Introduction Garcia (Jonathan) v. State, 141 Nev., Advance Opinion 16 (Apr. 17, 2025), concerns a...
Unexpected and Instantaneous Loss: Reevaluation of “Sudden” in Homeowners’ Insurance Coverage

Unexpected and Instantaneous Loss: Reevaluation of “Sudden” in Homeowners’ Insurance Coverage

Date: Apr 18, 2025
Unexpected and Instantaneous Loss: Reevaluation of “Sudden” in Homeowners’ Insurance Coverage Introduction Catalano v. Allstate Indemnity Company (10th Cir. 2025) confronts the meaning of “sudden and...
Requiring Compelling Reasons and Specific Findings to Seal Court Records: The Sixth Circuit’s Mandate in Grae v. CoreCivic

Requiring Compelling Reasons and Specific Findings to Seal Court Records: The Sixth Circuit’s Mandate in Grae v. CoreCivic

Date: Apr 18, 2025
Requiring Compelling Reasons and Specific Findings to Seal Court Records: The Sixth Circuit’s Mandate in Grae v. CoreCivic 1. Introduction In Nikki Bollinger Grae et al. v. Corrections Corporation of...
Clarification of Accomplice Liability: Sufficiency of Circumstantial Evidence under RCW 9A.08.020

Clarification of Accomplice Liability: Sufficiency of Circumstantial Evidence under RCW 9A.08.020

Date: Apr 18, 2025
Clarification of Accomplice Liability: Sufficiency of Circumstantial Evidence under RCW 9A.08.020 Introduction In State v. Zghair, 2025 WL ___ (Wash. 2025), the Washington Supreme Court addressed...
Clarifying DOL Enforcement: Timeliness, Due Process, and Inclusion of “Substantially Owned-Affiliated Entities” under New York’s Prevailing Wage Law

Clarifying DOL Enforcement: Timeliness, Due Process, and Inclusion of “Substantially Owned-Affiliated Entities” under New York’s Prevailing Wage Law

Date: Apr 18, 2025
Clarifying DOL Enforcement: Timeliness, Due Process, and Inclusion of “Substantially Owned-Affiliated Entities” under New York’s Prevailing Wage Law Introduction Matter of National Building &...
Preserving Article III Adjudication and Seventh Amendment Jury Rights in FCC Forfeiture Proceedings

Preserving Article III Adjudication and Seventh Amendment Jury Rights in FCC Forfeiture Proceedings

Date: Apr 18, 2025
Preserving Article III Adjudication and Seventh Amendment Jury Rights in FCC Forfeiture Proceedings Introduction This commentary examines the Fifth Circuit’s decision in AT&T v. FCC, which vacated a...
Cohorting Policies and the Eighth Amendment: Reasonable Prison Health Response in Pandemic Outbreaks

Cohorting Policies and the Eighth Amendment: Reasonable Prison Health Response in Pandemic Outbreaks

Date: Apr 18, 2025
Cohorting Policies and the Eighth Amendment: Reasonable Prison Health Response in Pandemic Outbreaks Introduction Case Name: Booker T. Shipp v. Kenneth Lobenstein, et al. Court: United States Court...
Foreseeable Intervening Negligence and State Duty to Maintain Intersection Sightlines

Foreseeable Intervening Negligence and State Duty to Maintain Intersection Sightlines

Date: Apr 18, 2025
Foreseeable Intervening Negligence and State Duty to Maintain Intersection Sightlines Introduction In Hunt v. State of New York (2025 NYSlipOp 02251), the Appellate Division, Third Department,...
United States v. McKinney: Law-of-the-Case Bars Re-Litigation of Franks Suppression Claims on §2255

United States v. McKinney: Law-of-the-Case Bars Re-Litigation of Franks Suppression Claims on §2255

Date: Apr 18, 2025
United States v. McKinney: Law-of-the-Case Bars Re-Litigation of Franks Suppression Claims on §2255 Introduction This commentary examines the Tenth Circuit’s April 17, 2025 order denying a...
Affirmation of Prejudice Requirement Under Strickland for Structural Jury-Selection Errors

Affirmation of Prejudice Requirement Under Strickland for Structural Jury-Selection Errors

Date: Apr 18, 2025
Affirmation of Prejudice Requirement Under Strickland for Structural Jury-Selection Errors Introduction In Elmajzoub (Said) v. State, No. 87053 (Nev. Apr. 17, 2025), the Supreme Court of Nevada...
Tortious Basis Required for “Accident” Under CGL Policies: Twigg v. Admiral Insurance Co.

Tortious Basis Required for “Accident” Under CGL Policies: Twigg v. Admiral Insurance Co.

Date: Apr 18, 2025
Tortious Basis Required for “Accident” Under CGL Policies: Twigg v. Admiral Insurance Co. Introduction Twigg v. Admiral Insurance Company is a 2025 decision of the Supreme Court of Oregon that...
Reformation of Mortgage to Correct Mutual Mistake: Aligning Security Interest with True Borrower Intent

Reformation of Mortgage to Correct Mutual Mistake: Aligning Security Interest with True Borrower Intent

Date: Apr 18, 2025
Reformation of Mortgage to Correct Mutual Mistake: Aligning Security Interest with True Borrower Intent Introduction In Deutsche Bank National Trust Company, as Trustee for the Registered Holders of...
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