preserving-public-trial-rights-during-a-pandemic:-the-iowa-supreme-court Case Commentaries

Enforceability of Sole-Remedy Clauses and Economic Loss Rule in Maritime Fuel Supply Contracts

Date: Jun 3, 2025

Enforceability of Sole-Remedy Clauses and Economic Loss Rule in Maritime Fuel Supply Contracts Introduction This commentary examines the Second Circuit’s Summary Order in Serifos Maritime Corporation...

Limits on Interlocutory Qualified-Immunity Appeals in §1983 Cases

Date: May 31, 2025

Limits on Interlocutory Qualified-Immunity Appeals in §1983 Cases 1. Introduction Nancy Hooks v. City of Warren, Mich. (6th Cir., May 30, 2025) arises from an April 2019 street-corner incident in...

Affirming District Court’s Broad Discretion in Upward Variances: Substantive Reasonableness in United States v. Brown

Date: May 31, 2025

Affirming District Court’s Broad Discretion in Upward Variances: Substantive Reasonableness in United States v. Brown Introduction United States v. Brown, 24-30214 (5th Cir. May 30, 2025) arises from...

Clarifying the “Silver Platter” Doctrine: Private Searches, Government Agency, and the Fourth Amendment in State v. Langley

Date: May 31, 2025

Clarifying the “Silver Platter” Doctrine: Private Searches, Government Agency, and the Fourth Amendment in State v. Langley Introduction State of Nebraska v. William B. Langley (319 Neb. 67, May 30,...

Limited Scope of Agricultural and Cannabis Operations’ Exemption from Municipal Regulation under 24 V.S.A. § 4413(d)(1)(A) and 7 V.S.A. § 869(f)(2)

Date: May 31, 2025

Limited Scope of Agricultural and Cannabis Operations’ Exemption from Municipal Regulation under 24 V.S.A. § 4413(d)(1)(A) and 7 V.S.A. § 869(f)(2) Introduction This case arises from two consolidated...

Void Ab Initio and Retroactive Injunction: Enforcing Iowa’s Title and Single-Subject Requirements in Electric Transmission ROFR

Date: May 31, 2025

Void Ab Initio and Retroactive Injunction: Enforcing Iowa’s Title and Single-Subject Requirements in Electric Transmission ROFR Introduction This commentary examines the Iowa Supreme Court’s decision...

Proper Pleading Standards for Gender Discrimination under Title VII and FCRA: Limits on Prejudice Dismissals and Pleading-Stage Analysis

Date: May 31, 2025

Proper Pleading Standards for Gender Discrimination under Title VII and FCRA: Limits on Prejudice Dismissals and Pleading-Stage Analysis Introduction In Yolanda Hernandez v. CareerSource Palm Beach...

Clarifying the Persuasiveness Standard under 20 C.F.R. § 404.1520c: Evaluating Medical Opinions Based on Supportability and Consistency

Date: May 31, 2025

Clarifying the Persuasiveness Standard under 20 C.F.R. § 404.1520c: Evaluating Medical Opinions Based on Supportability and Consistency Introduction This commentary examines the Eleventh Circuit’s...

Standards for Implicit Denial of Improvement Periods and Post-Termination Visitation in Child-Protective Proceedings

Date: May 31, 2025

Standards for Implicit Denial of Improvement Periods and Post-Termination Visitation in Child-Protective Proceedings Introduction This commentary analyzes the Supreme Court of West Virginia’s May 30,...

Title VII Retaliation Limited to Employment Practices & No Equal-Protection Retaliation Cause of Action

Date: May 31, 2025

Title VII Retaliation Limited to Employment Practices & No Equal-Protection Retaliation Cause of Action 1. Introduction In Bobby Shed v. University of South Florida Board of Trustees, the U.S. Court...

Clarifying Bribery vs. Honest Services Fraud: University-Account Payments Excluded under §1346 and §666 Conspiracy Liability Reaffirmed

Date: May 31, 2025

Clarifying Bribery vs. Honest Services Fraud: University-Account Payments Excluded under §1346 and §666 Conspiracy Liability Reaffirmed Introduction United States v. Vavic is a First Circuit decision...

Koenigsberg v. Columbia University: Equitable Estoppel Limits in GBL §349/350 Claims

Date: May 31, 2025

Koenigsberg v. Columbia University: Equitable Estoppel Limits in GBL §349/350 Claims Introduction In Koenigsberg et al. v. Board of Trustees of Columbia University in the City of New York (2d Cir....

Clarifying the Constructive Amendment Doctrine and Post-Expiration Supervised Release Revocation under 18 U.S.C. § 3583(i)

Date: May 31, 2025

Clarifying the Constructive Amendment Doctrine and Post-Expiration Supervised Release Revocation under 18 U.S.C. § 3583(i) Introduction United States v. Peppers, Nos. 23-3112 & 23-3113 (10th Cir. May...

Estate Entitlement to Pending Specific‐Loss Benefits Under Section 410

Date: May 31, 2025

Estate Entitlement to Pending Specific‐Loss Benefits Under Section 410 Introduction This case arises from the appeal in Steets, K., Aplt. v. Celebration Fireworks, Inc. (Workers’ Compensation Appeal...

Schwartz v. Gentempo: Arbitrary Force on Pretrial Detainees Clearly Unlawful Under the Fourteenth Amendment

Date: May 31, 2025

Schwartz v. Gentempo: Arbitrary Force on Pretrial Detainees Clearly Unlawful Under the Fourteenth Amendment 1. Introduction In Schwartz v. Gentempo, 10th Cir. No. 23-1393 (May 30, 2025), the United...

Profit-Linked Compensation and Related-Entity Transfers Disqualify Purely Public Charities from Property Tax Exemption

Date: May 31, 2025

Profit-Linked Compensation and Related-Entity Transfers Disqualify Purely Public Charities from Property Tax Exemption Introduction This commentary examines Justice Mundy’s dissent in Pottstown...

Possession as Presumption of Ownership: Fourth Circuit Upholds Virginia Law in Elam v. Early

Date: May 31, 2025

Possession as Presumption of Ownership: Fourth Circuit Upholds Virginia Law in Elam v. Early Introduction The dispute in William Nile Elam, III v. Stephen Timothy Early arises from a family quarrel...

Preservation of Potentially Exculpatory Evidence: Bad-Faith Requirement and Procedural Exhaustion in Federal Habeas Review

Date: May 31, 2025

Preservation of Potentially Exculpatory Evidence: Bad-Faith Requirement and Procedural Exhaustion in Federal Habeas Review Introduction This case arises from Mark Johnson’s federal habeas corpus...

Preservation of Attorney Fee Awards Under Nebraska Revised Statutes §25-603 and §25-824: Beatty v. Poitier

Date: May 31, 2025

Preservation of Attorney Fee Awards Under Nebraska Revised Statutes §25-603 and §25-824: Beatty v. Poitier Introduction Beatty v. Poitier (319 Neb. 56, May 30, 2025) addresses whether a district...

Eighth Amendment Protections Against Medical Hazards and Environmental Deprivation: From Pepper Spray to Frigid Cells

Date: May 31, 2025

Eighth Amendment Protections Against Medical Hazards and Environmental Deprivation: From Pepper Spray to Frigid Cells Introduction In Antonio Smith v. John Kind, the Seventh Circuit addressed the...

Previous Next