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

Expert Testimony Is Required to Prove Non-Negligible Risk in Massachusetts Informed-Consent Claims: The First Circuit’s Clarification in Meka v. Haddad

Date: Oct 11, 2025

Expert Testimony Is Required to Prove Non-Negligible Risk in Massachusetts Informed-Consent Claims: The First Circuit’s Clarification in Meka v. Haddad Introduction In Meka v. Haddad, the United...

Errato v. Seder (2d Cir. 2025): No Federal Do‑Over of Divorce Judgments; Independent Fraud Claims May Evade the Domestic Relations Exception but Are Precluded After Prior Litigation

Date: Oct 11, 2025

Errato v. Seder (2d Cir. 2025): No Federal Do‑Over of Divorce Judgments; Independent Fraud Claims May Evade the Domestic Relations Exception but Are Precluded After Prior Litigation Court: U.S. Court...

Second Circuit confirms: Seven-figure emotional distress awards in attempted workplace rape need no medical proof; amounts exceeding the Title VII cap properly ride on NYCHRL/NYSHRL

Date: Oct 11, 2025

Second Circuit confirms: Seven-figure emotional distress awards in attempted workplace rape need no medical proof; amounts exceeding the Title VII cap properly ride on NYCHRL/NYSHRL Introduction In...

Reaffirming Broad District Court Discretion in § 3582(c)(2) Motions After Amendment 821: Emphasis on Unchanged Criminal History Is Permissible

Date: Oct 11, 2025

Reaffirming Broad District Court Discretion in § 3582(c)(2) Motions After Amendment 821: Emphasis on Unchanged Criminal History Is Permissible Introduction In United States v. Ahmed (No. 24-2629),...

Short Orders, Broad Discretion: Eleventh Circuit Affirms Denial of Amendment 821 “Zero‑Point Offender” Reductions Based on § 3553(a) Factors

Date: Oct 11, 2025

Short Orders, Broad Discretion: Eleventh Circuit Affirms Denial of Amendment 821 “Zero‑Point Offender” Reductions Based on § 3553(a) Factors Introduction In United States v. Jose Rogelio...

Marginian’s Shield Extends to Group Captives: No Ohio Bad‑Faith Claim When Insurer Settles Within Policy Limits Despite Captive Reimbursement

Date: Oct 11, 2025

Marginian’s Shield Extends to Group Captives: No Ohio Bad‑Faith Claim When Insurer Settles Within Policy Limits Despite Captive Reimbursement Introduction In Chemical Solvents, Inc. v. Greenwich...

Breach of Contract as Concrete Injury and Classwide Challenges to “Negotiation” Adjustments: Sixth Circuit Affirms Certification in Clippinger v. State Farm

Date: Oct 11, 2025

Breach of Contract as Concrete Injury and Classwide Challenges to “Negotiation” Adjustments: Sixth Circuit Affirms Certification in Clippinger v. State Farm Introduction This published decision from...

Habeas Courts Retain Jurisdiction to Sanction Pre‑Compliance Violations of Conditional and Unconditional Writs, Even After Belated State Compliance; “Penalty Bar” Reserved for Substantial Inequitable Conduct

Date: Oct 11, 2025

Habeas Courts Retain Jurisdiction to Sanction Pre‑Compliance Violations of Conditional and Unconditional Writs, Even After Belated State Compliance; “Penalty Bar” Reserved for Substantial Inequitable...

United States v. Riley: Pro se allegations that counsel entered a sentencing stipulation without client consent trigger a mandatory judicial inquiry; the hybrid-representation bar does not apply

Date: Oct 11, 2025

United States v. Riley: Pro se allegations that counsel entered a sentencing stipulation without client consent trigger a mandatory judicial inquiry; the hybrid-representation bar does not apply...

Frericks v. Department of the Navy: Tenth Circuit Clarifies that Motive and Timing May Inform “Reasonable Belief” Under the WPA and Endorses Disclosure-by-Disclosure Contributing-Factor Analysis

Date: Oct 11, 2025

Frericks v. Department of the Navy: Tenth Circuit Clarifies that Motive and Timing May Inform “Reasonable Belief” Under the WPA and Endorses Disclosure-by-Disclosure Contributing-Factor Analysis...

Tenth Circuit rejects categorical “hub” placements: Individualized placement determinations are required under IDEA, ADA, and Section 504; futility excuses Section 504 exhaustion when hearing officers lack jurisdiction

Date: Oct 11, 2025

Tenth Circuit rejects categorical “hub” placements: Individualized placement determinations are required under IDEA, ADA, and Section 504; futility excuses Section 504 exhaustion when hearing...

Unexplained VE Skill Labels Won’t Do: Tenth Circuit Requires Record Documentation of Transferable Skills Under SSR 82-41

Date: Oct 11, 2025

Unexplained VE Skill Labels Won’t Do: Tenth Circuit Requires Record Documentation of Transferable Skills Under SSR 82-41 Introduction This commentary analyzes the Tenth Circuit’s unpublished order...

Tenth Circuit Clarifies: Mental-Health Progress Notes Without Functional Assessments Are Not “Medical Opinions” Under SSA’s Post-2017 Regulations

Date: Oct 11, 2025

Tenth Circuit Clarifies: Mental-Health Progress Notes Without Functional Assessments Are Not “Medical Opinions” Under SSA’s Post-2017 Regulations Introduction In Parsons v. Commissioner, SSA (10th...

Pre‑Enforcement Standing Demands a Proscribing Law: Tenth Circuit Rejects HCSM Challenge Based on New Mexico’s Insurance Definition

Date: Oct 11, 2025

Pre‑Enforcement Standing Demands a Proscribing Law: Tenth Circuit Rejects HCSM Challenge Based on New Mexico’s Insurance Definition Introduction In Samaritan Ministries International v. Kane, No....

No State Action in Private Condemnation: Tenth Circuit Holds Private Landowners Using Oklahoma’s “Private Way of Necessity” Statutes Are Not § 1983 Actors

Date: Oct 11, 2025

No State Action in Private Condemnation: Tenth Circuit Holds Private Landowners Using Oklahoma’s “Private Way of Necessity” Statutes Are Not § 1983 Actors Introduction In Witherspoon v. Ince, the...

Acknowledgment-of-Receipt Not Required: Corroborated Sworn Statements Can Defeat Summary Judgment on PLRA Exhaustion, and District Courts Must Assess Perttu’s Jury-Trial Mandate Before Holding a Pavey Hearing

Date: Oct 11, 2025

Acknowledgment-of-Receipt Not Required: Corroborated Sworn Statements Can Defeat Summary Judgment on PLRA Exhaustion, and District Courts Must Assess Perttu’s Jury-Trial Mandate Before Holding a...

No § 4204 Carve-Out in § 4219 Installment Calculations: Seventh Circuit Clarifies That “the highest” Means the Highest

Date: Oct 11, 2025

No § 4204 Carve-Out in § 4219 Installment Calculations: Seventh Circuit Clarifies That “the highest” Means the Highest Case: SuperValu, Inc. v. United Food and Commercial Workers Unions and Employers...

Hoff (2025 ND 164): Conclusory Crane Findings Are Insufficient—District Courts Must Articulate a Specific, Evidence-Based Nexus Between Disorder and Inability to Control

Date: Oct 10, 2025

Hoff (2025 ND 164): Conclusory Crane Findings Are Insufficient—District Courts Must Articulate a Specific, Evidence-Based Nexus Between Disorder and Inability to Control Introduction This North...

Waived Jury-Instruction Challenges Define the Elements for Sufficiency Review: State v. Guthmiller (2025 ND 162)

Date: Oct 10, 2025

Waived Jury-Instruction Challenges Define the Elements for Sufficiency Review: State v. Guthmiller (2025 ND 162) Introduction In State v. Guthmiller, 2025 ND 162, the North Dakota Supreme Court...

Remote Child Testimony Permissible Upon Presence‑Specific Trauma Impairing Communication: Commentary on State v. Moen, 2025 ND 163

Date: Oct 10, 2025

Remote Child Testimony Permissible Upon Presence‑Specific Trauma Impairing Communication: State v. Moen, 2025 ND 163 Introduction In State v. Moen, 2025 ND 163, the North Dakota Supreme Court...