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

Circuit Court’s Exclusive Jurisdiction and Pendent Equity Claims under Mississippi Code § 11-51-75

Circuit Court’s Exclusive Jurisdiction and Pendent Equity Claims under Mississippi Code § 11-51-75

Date: Apr 18, 2025
Circuit Court’s Exclusive Jurisdiction and Pendent Equity Claims under Mississippi Code § 11-51-75 Introduction The dispute in Mississippi Apartment Association v. City of Jackson turns on the...
Reaffirming Constructive‐Notice Standards in Negligent Supervision under the Child Victims Act

Reaffirming Constructive‐Notice Standards in Negligent Supervision under the Child Victims Act

Date: Apr 18, 2025
Reaffirming Constructive‐Notice Standards in Negligent Supervision under the Child Victims Act Introduction Nellenback v. Madison County (2025 NYSlipOp 02263) presents a deeply tragic account of...
Enforcement vs. Contest: Strict Construction of In Terrorem Clauses in Trust Agreements

Enforcement vs. Contest: Strict Construction of In Terrorem Clauses in Trust Agreements

Date: Apr 18, 2025
Enforcement vs. Contest: Strict Construction of In Terrorem Clauses in Trust Agreements Introduction Carlson v. Colangelo (2025 NYSlipOp 02264) arose from a dispute over the administration and...
Harmless Error Review for Excluding Mental Condition Evidence under Code §19.2-271.6

Harmless Error Review for Excluding Mental Condition Evidence under Code §19.2-271.6

Date: Apr 18, 2025
Harmless Error Review for Excluding Mental Condition Evidence under Code §19.2-271.6 Introduction Shaw v. Commonwealth (Va. Supreme Court, April 17, 2025) addresses two intertwined issues: the...
Mandatory Articulation of Rationale in Relinquishment of Jurisdiction Orders

Mandatory Articulation of Rationale in Relinquishment of Jurisdiction Orders

Date: Apr 18, 2025
Mandatory Articulation of Rationale in Relinquishment of Jurisdiction Orders Introduction In State v. Ruiz, the Idaho Supreme Court considered whether a district court must provide articulated...
“Affirmative-Defense Allocation” under ERISA: Plaintiffs Need Not Plead §1108 Exemptions to State a §1106 Prohibited-Transaction Claim

“Affirmative-Defense Allocation” under ERISA: Plaintiffs Need Not Plead §1108 Exemptions to State a §1106 Prohibited-Transaction Claim

Date: Apr 18, 2025
“Affirmative-Defense Allocation” under ERISA: Plaintiffs Need Not Plead §1108 Exemptions to State a §1106 Prohibited-Transaction Claim 1. Introduction In Cunningham v. Cornell University, 604 U.S....
Clarifying the Scope of Receiverships in SEC Enforcement: The “Received or Benefited” Standard

Clarifying the Scope of Receiverships in SEC Enforcement: The “Received or Benefited” Standard

Date: Apr 18, 2025
Clarifying the Scope of Receiverships in SEC Enforcement: The “Received or Benefited” Standard Introduction The case of SEC v. Barton (Fifth Circuit, April 17, 2025) addresses the Securities and...
Moody Mandate: Fact-Intensive Two-Step Analysis in Facial First Amendment Challenges

Moody Mandate: Fact-Intensive Two-Step Analysis in Facial First Amendment Challenges

Date: Apr 18, 2025
Moody Mandate: Fact-Intensive Two-Step Analysis in Facial First Amendment Challenges Introduction The United States Court of Appeals for the Fifth Circuit’s April 17, 2025 decision in NetChoice,...
Res Judicata Bars Bankruptcy Objections for Unappealed Post-Judgment Payment Credits

Res Judicata Bars Bankruptcy Objections for Unappealed Post-Judgment Payment Credits

Date: Apr 18, 2025
Res Judicata Bars Bankruptcy Objections for Unappealed Post-Judgment Payment Credits Introduction In In re: Gabriel Bravo, the Third Circuit addressed whether a debtor’s objection to a creditor’s...
Mandatory Administrative Competency Determination in Felony Cases under NRS 178.425(4)

Mandatory Administrative Competency Determination in Felony Cases under NRS 178.425(4)

Date: Apr 18, 2025
Mandatory Administrative Competency Determination in Felony Cases under NRS 178.425(4) Introduction The Supreme Court of Nevada’s advance opinion in Price (Anthony Ray) v. Dist. Ct. (State), No....
Reaffirming the Renewal Standard for Alimony: Renewal Versus Modification in In the Matter of Taylor

Reaffirming the Renewal Standard for Alimony: Renewal Versus Modification in In the Matter of Taylor

Date: Apr 17, 2025
Reaffirming the Renewal Standard for Alimony: Renewal Versus Modification in In the Matter of Taylor Introduction In its April 16, 2025 order in In the Matter of Christopher Taylor and Therese Taylor...
Invalid Mortgage Acceleration in Prior Foreclosure Action Cannot Estop Debtor under CPLR 213(4)

Invalid Mortgage Acceleration in Prior Foreclosure Action Cannot Estop Debtor under CPLR 213(4)

Date: Apr 17, 2025
Invalid Mortgage Acceleration in Prior Foreclosure Action Cannot Estop Debtor under CPLR 213(4) Introduction Case: U.S. Bank Trust, N.A. v. Gruen, 2025 NYSlipOp 02235 Court: Appellate Division,...
Strict Enforcement of Attorney Trust Account Obligations: Suspension for Misappropriation and Recordkeeping Failures – Matter of Mangal (2025)

Strict Enforcement of Attorney Trust Account Obligations: Suspension for Misappropriation and Recordkeeping Failures – Matter of Mangal (2025)

Date: Apr 17, 2025
Strict Enforcement of Attorney Trust Account Obligations: Suspension for Misappropriation and Recordkeeping Failures Introduction The Appellate Division, Second Department, in Matter of Mangal (2025...
Mandatory Disbarment upon Conviction of Serious Crime Involving Dishonesty: Matter of Higginbotham

Mandatory Disbarment upon Conviction of Serious Crime Involving Dishonesty: Matter of Higginbotham

Date: Apr 17, 2025
Mandatory Disbarment upon Conviction of Serious Crime Involving Dishonesty: Matter of Higginbotham Introduction In Matter of Higginbotham, 2025 NY Slip Op 02203, the Appellate Division, Second...
Insurer’s Right to Subrogation Under the Dram Shop Act

Insurer’s Right to Subrogation Under the Dram Shop Act

Date: Apr 17, 2025
Insurer’s Right to Subrogation Under the Dram Shop Act Introduction Drive New Jersey Insurance Company v. RT Hospitality Group, LLC, 2025 NYSlipOp 02188 (App. Div. 2d Dep’t Apr. 16, 2025) represents...
Cianciulli v. Urban Foundation/Engineering, LLC: Clarifying Subcontractor Liability and Indemnification under New York Labor Law

Cianciulli v. Urban Foundation/Engineering, LLC: Clarifying Subcontractor Liability and Indemnification under New York Labor Law

Date: Apr 17, 2025
Cianciulli v. Urban Foundation/Engineering, LLC: Clarifying Subcontractor Liability and Indemnification under New York Labor Law Introduction In Cianciulli v. Urban Foundation/Engineering, LLC (2025...
Easement by Necessity vs. Prescription: CPLR 3211(a) and the Limits of Preexisting Licenses

Easement by Necessity vs. Prescription: CPLR 3211(a) and the Limits of Preexisting Licenses

Date: Apr 17, 2025
Easement by Necessity vs. Prescription: CPLR 3211(a) and the Limits of Preexisting Licenses Introduction In 572 Walt Whitman Rd. Holdings, LLC v. Whitman Capital, LLC, 2025 NYSlipOp 02179 (App. Div....
Intrinsic Evidence and Rule 404(b): Sixth Circuit’s Clarification in United States v. Sadrinia

Intrinsic Evidence and Rule 404(b): Sixth Circuit’s Clarification in United States v. Sadrinia

Date: Apr 17, 2025
Intrinsic Evidence and Rule 404(b): Sixth Circuit’s Clarification in United States v. Sadrinia Introduction United States v. Jay M. Sadrinia (6th Cir. April 16, 2025) arises from a tragic overdose...
Establishing Severe Sanctions for Serial Frivolous Filings Under Rule 11 SCRCP

Establishing Severe Sanctions for Serial Frivolous Filings Under Rule 11 SCRCP

Date: Apr 17, 2025
Establishing Severe Sanctions for Serial Frivolous Filings Under Rule 11 SCRCP Introduction In Russell Bauknight v. Adele Pope, the Supreme Court of South Carolina clarified the scope and severity of...
Establishing the Dual-Purpose Stop Doctrine: Permissible Prolongation for Concurrent Traffic and Drug Investigations

Establishing the Dual-Purpose Stop Doctrine: Permissible Prolongation for Concurrent Traffic and Drug Investigations

Date: Apr 17, 2025
Establishing the Dual-Purpose Stop Doctrine: Permissible Prolongation for Concurrent Traffic and Drug Investigations Introduction United States v. Phillip Martin, decided April 16, 2025 by the...
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