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

Harmless-Error Review of ACCA “Different Occasions” Determinations Post-Erlinger

Harmless-Error Review of ACCA “Different Occasions” Determinations Post-Erlinger

Date: May 16, 2025
Harmless-Error Review of ACCA “Different Occasions” Determinations Post-Erlinger Introduction United States v. Valencia, 22-50283 (5th Cir. May 15, 2025), confronts the intersection of the Armed...
Protecting Third-Party Contractual and Settlement Interests Through Timely Intervention

Protecting Third-Party Contractual and Settlement Interests Through Timely Intervention

Date: May 16, 2025
Protecting Third-Party Contractual and Settlement Interests Through Timely Intervention Introduction In General Land Office v. Kinder, the Fifth Circuit addressed whether border-wall contractors and...
People v. Cruz: Endorsing Nonevidentiary Remittal Hearings and Expanded Deference to Trial-Court Demeanor Findings in Batson Step-Three Analysis

People v. Cruz: Endorsing Nonevidentiary Remittal Hearings and Expanded Deference to Trial-Court Demeanor Findings in Batson Step-Three Analysis

Date: May 16, 2025
People v. Cruz: Endorsing Nonevidentiary Remittal Hearings and Expanded Deference to Trial-Court Demeanor Findings in Batson Step-Three Analysis Introduction In People v. Cruz, 238 A.D.3d 1327 (3d...
Reaffirming UPCCRA Procedural Bars in Capital Post-Conviction Relief: Chamberlin v. Mississippi

Reaffirming UPCCRA Procedural Bars in Capital Post-Conviction Relief: Chamberlin v. Mississippi

Date: May 16, 2025
Reaffirming UPCCRA Procedural Bars in Capital Post-Conviction Relief: Chamberlin v. Mississippi Introduction The Supreme Court of Mississippi’s en banc decision in Lisa Jo Chamberlin v. State of...
Prohibition of Third-Party Cause-of-Action Purchases in Bankruptcy under Mississippi’s Champerty Statute

Prohibition of Third-Party Cause-of-Action Purchases in Bankruptcy under Mississippi’s Champerty Statute

Date: May 16, 2025
Prohibition of Third-Party Cause-of-Action Purchases in Bankruptcy under Mississippi’s Champerty Statute Introduction This commentary examines Crabtree v. Allstate Property and Casualty Insurance...
Unlawful Use of Deadly Force on an Unarmed Fleeing Suspect: Limits on Qualified Immunity in Wright v. Warren

Unlawful Use of Deadly Force on an Unarmed Fleeing Suspect: Limits on Qualified Immunity in Wright v. Warren

Date: May 16, 2025
Unlawful Use of Deadly Force on an Unarmed Fleeing Suspect: Limits on Qualified Immunity in Wright v. Warren Introduction Donald Clark Wright III v. Brandon Warren presents a Fourth Amendment...
911 Citizen Tips and the Dual Requirement of Factual Basis and Basis of Knowledge for Reasonable Suspicion

911 Citizen Tips and the Dual Requirement of Factual Basis and Basis of Knowledge for Reasonable Suspicion

Date: May 16, 2025
911 Citizen Tips and the Dual Requirement of Factual Basis and Basis of Knowledge for Reasonable Suspicion Introduction City of Wenatchee v. Stearns (No. 102680-3) is a 2025 Supreme Court of...
Statutory Mootness Under 11 U.S.C. §363(m): The Irreversibility of Bankruptcy Asset Sales to Good-Faith Purchasers and Mootness of Eviction Appeals

Statutory Mootness Under 11 U.S.C. §363(m): The Irreversibility of Bankruptcy Asset Sales to Good-Faith Purchasers and Mootness of Eviction Appeals

Date: May 16, 2025
Statutory Mootness Under 11 U.S.C. §363(m): The Irreversibility of Bankruptcy Asset Sales to Good-Faith Purchasers and Mootness of Eviction Appeals Introduction In In Re: Clean Air Car Service &...
Hobbs Act Robbery as a § 924(c) Crime of Violence and COA Requirement for § 2255 Resentencing Challenges

Hobbs Act Robbery as a § 924(c) Crime of Violence and COA Requirement for § 2255 Resentencing Challenges

Date: May 16, 2025
Hobbs Act Robbery as a § 924(c) Crime of Violence and COA Requirement for § 2255 Resentencing Challenges Introduction United States v. Curtis Solomon, No. 22-11488 (11th Cir. May 15, 2025), addresses...
United States v. Gary: Elevating General Deterrence in Fentanyl-Death Cases – The Eleventh Circuit’s Refined Approach to § 3553(a) Balancing

United States v. Gary: Elevating General Deterrence in Fentanyl-Death Cases – The Eleventh Circuit’s Refined Approach to § 3553(a) Balancing

Date: May 16, 2025
United States v. Gary: Elevating General Deterrence in Fentanyl-Death Cases – The Eleventh Circuit’s Refined Approach to § 3553(a) Balancing Introduction United States v. Chase Michael Gary, No....
No Rule 54(b) Appeal Without Finality: Zivkovic v. Laura Christy LLC Clarifies Limits on Conditional Dismissals

No Rule 54(b) Appeal Without Finality: Zivkovic v. Laura Christy LLC Clarifies Limits on Conditional Dismissals

Date: May 16, 2025
No Rule 54(b) Appeal Without Finality: Zivkovic v. Laura Christy LLC Clarifies Limits on Conditional Dismissals Introduction Zivkovic v. Laura Christy LLC is a Second Circuit decision (Docket No....
Unenforced or Repealed Ordinance Cannot Support Arkansas Civil Rights Act Liability

Unenforced or Repealed Ordinance Cannot Support Arkansas Civil Rights Act Liability

Date: May 16, 2025
Unenforced or Repealed Ordinance Cannot Support Arkansas Civil Rights Act Liability Introduction In Boyle Ventures, LLC v. City of Fayetteville (2025 Ark. 71), the Supreme Court of Arkansas addressed...
Privilege for U-Visa and T-Visa Applications in Criminal Discovery: Ramirez v. Marsh

Privilege for U-Visa and T-Visa Applications in Criminal Discovery: Ramirez v. Marsh

Date: May 16, 2025
Privilege for U-Visa and T-Visa Applications in Criminal Discovery: Ramirez v. Marsh Introduction Ramirez v. Marsh (2025) is a landmark New Mexico Supreme Court decision consolidating two original...
Presumptive Suspension for Attorney Criminal Misconduct Involving Domestic Violence

Presumptive Suspension for Attorney Criminal Misconduct Involving Domestic Violence

Date: May 16, 2025
Presumptive Suspension for Attorney Criminal Misconduct Involving Domestic Violence Introduction This commentary examines the Florida Supreme Court’s decision in The Florida Bar v. Ryan F. C....
Clarifying Pleading Standards for Age Discrimination, Breach of Contract, and Trespass to Chattels Claims in the Third Circuit

Clarifying Pleading Standards for Age Discrimination, Breach of Contract, and Trespass to Chattels Claims in the Third Circuit

Date: May 16, 2025
Clarifying Pleading Standards for Age Discrimination, Breach of Contract, and Trespass to Chattels Claims in the Third Circuit Introduction This commentary examines the Third Circuit’s May 15, 2025...
Clarifying Federal Removal Jurisdiction: Limits on Federal‐Question and Diversity Removal in Foreclosure Actions

Clarifying Federal Removal Jurisdiction: Limits on Federal‐Question and Diversity Removal in Foreclosure Actions

Date: May 16, 2025
Clarifying Federal Removal Jurisdiction: Limits on Federal‐Question and Diversity Removal in Foreclosure Actions Introduction In M&T Bank v. Chryssoula Arsenis, the United States Court of Appeals for...
Clarification of the “Unable-or-Unwilling-to-Control” Test in Private-Actor Persecution Asylum Claims

Clarification of the “Unable-or-Unwilling-to-Control” Test in Private-Actor Persecution Asylum Claims

Date: May 16, 2025
Clarification of the “Unable-or-Unwilling-to-Control” Test in Private-Actor Persecution Asylum Claims 1. Introduction Ingrid Cisneros Martinez, a Peruvian national, petitioned the United States Court...
Warrior Met Coal Mining, LLC v. OWCP: Reaffirming the Fifteen-Year Presumption and the ALJ’s Evidentiary Primacy in Black Lung Claims

Warrior Met Coal Mining, LLC v. OWCP: Reaffirming the Fifteen-Year Presumption and the ALJ’s Evidentiary Primacy in Black Lung Claims

Date: May 16, 2025
Warrior Met Coal Mining, LLC v. OWCP: Reaffirming the Fifteen-Year Presumption and the ALJ’s Evidentiary Primacy in Black Lung Claims 1. Introduction In Warrior Met Coal Mining, LLC v. Director,...
Reaffirming the Scope of the Tax Injunction Act and the Requirement of Without-Prejudice Dismissals: Commentary on Vonn Capel v. Pasco County

Reaffirming the Scope of the Tax Injunction Act and the Requirement of Without-Prejudice Dismissals: Commentary on Vonn Capel v. Pasco County

Date: May 16, 2025
Reaffirming the Scope of the Tax Injunction Act and the Requirement of Without-Prejudice Dismissals Commentary on Vonn Capel v. Pasco County (11th Cir. 2025) 1. Introduction In Vonn Capel v. Pasco...
Boyce v. State: Eliminating Separate “Mere Presence” Jury Instructions Where Instructions Suffice

Boyce v. State: Eliminating Separate “Mere Presence” Jury Instructions Where Instructions Suffice

Date: May 16, 2025
Boyce v. State: Eliminating Separate “Mere Presence” Jury Instructions Where Instructions Suffice Introduction This commentary examines the Delaware Supreme Court’s decision in Boyce v. State, 2025...
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