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strict-enforcement-of-probation-conditions:-a-landmark-decision-in-in-re:-michael-thomas-joseph, Case Commentaries

Protecting Foreclosure Surplus Under the Takings Clause: Sikorsky v. City of Newburgh

Protecting Foreclosure Surplus Under the Takings Clause: Sikorsky v. City of Newburgh

Date: May 3, 2025
Protecting Foreclosure Surplus Under the Takings Clause: Sikorsky v. City of Newburgh Introduction In Sikorsky v. City of Newburgh, 23-1171-cv (2d Cir. May 2, 2025), the Second Circuit addressed...
Balancing Child Welfare, Abduction Risk, and Cryptocurrency Gains: Discretion in Parenting Time and Property Division

Balancing Child Welfare, Abduction Risk, and Cryptocurrency Gains: Discretion in Parenting Time and Property Division

Date: May 3, 2025
Balancing Child Welfare, Abduction Risk, and Cryptocurrency Gains: Discretion in Parenting Time and Property Division Introduction In In the Matter of Jonathan Kent and Lei Luo (Supreme Court of New...
Clarification of Child Find Obligations and FAPE Requirements for Dyslexic Students under IDEA

Clarification of Child Find Obligations and FAPE Requirements for Dyslexic Students under IDEA

Date: May 3, 2025
Clarification of Child Find Obligations and FAPE Requirements for Dyslexic Students under IDEA 1. Introduction The Fifth Circuit’s decision in Moore-Watson v. Rankin County Public School District...
Pain as Symptom, Not Compensable Condition: Delsignore v. Timberline Logging Enterprises Precedent

Pain as Symptom, Not Compensable Condition: Delsignore v. Timberline Logging Enterprises Precedent

Date: May 3, 2025
Pain as Symptom, Not Compensable Condition: Delsignore v. Timberline Logging Enterprises Precedent Introduction In John J. Delsignore v. Timberline Logging Enterprises, LLC, the Supreme Court of...
“Stay Within the Mandate”: Effective Assistance of Counsel on Remittal after People v. Nathan (2025)

“Stay Within the Mandate”: Effective Assistance of Counsel on Remittal after People v. Nathan (2025)

Date: May 3, 2025
“Stay Within the Mandate”: Effective Assistance of Counsel on Remittal after People v. Nathan (2025) Introduction The Fourth Department’s 2025 decision in People v. Nathan, 238 A.D.3d 1516, tackles a...
Clarification of Lease Lookback Provisions and Standards of Review in State Airport Hangar Rent Appeals

Clarification of Lease Lookback Provisions and Standards of Review in State Airport Hangar Rent Appeals

Date: May 3, 2025
Clarification of Lease Lookback Provisions and Standards of Review in State Airport Hangar Rent Appeals Introduction This decision arises from a consolidated appeal by five tenants of state-owned...
Ensuring Voluntary Admissions in Child Protective Plea Hearings: Obligatory Record Completeness and Advisements

Ensuring Voluntary Admissions in Child Protective Plea Hearings: Obligatory Record Completeness and Advisements

Date: May 3, 2025
Ensuring Voluntary Admissions in Child Protective Plea Hearings: Obligatory Record Completeness and Advisements Introduction In the matter In re T. Hewitt, Minor, the Michigan Supreme Court, by a...
Consent Threshold for Eighth Amendment Prison Sexual Abuse Claims

Consent Threshold for Eighth Amendment Prison Sexual Abuse Claims

Date: May 3, 2025
Consent Threshold for Eighth Amendment Prison Sexual Abuse Claims Introduction David C.L. Walton, a state prisoner in Wisconsin, sued prison nurse Ashley Nehls under 42 U.S.C. § 1983, alleging that...
Allocation of Nonresident Guided Hunt Permits Upholds Alaska Constitutional Principles

Allocation of Nonresident Guided Hunt Permits Upholds Alaska Constitutional Principles

Date: May 3, 2025
Allocation of Nonresident Guided Hunt Permits Upholds Alaska Constitutional Principles Introduction In Robert Cassell v. State of Alaska, Department of Fish & Game, Board of Game (Supreme Court No....
Clarifying COA Requirements and Ineffective Assistance Analysis under §2255: United States v. Guzman-Dominguez

Clarifying COA Requirements and Ineffective Assistance Analysis under §2255: United States v. Guzman-Dominguez

Date: May 3, 2025
Clarifying COA Requirements and Ineffective Assistance Analysis under §2255: United States v. Guzman-Dominguez Introduction United States v. Guzman-Dominguez, decided by the Tenth Circuit on May 2,...
Defendant-Caused Delay Bars Sixth Amendment Speedy Trial Claim

Defendant-Caused Delay Bars Sixth Amendment Speedy Trial Claim

Date: May 3, 2025
Defendant-Caused Delay Bars Sixth Amendment Speedy Trial Claim Introduction United States v. Eric Michael Schuster, 25a0113p.06 (6th Cir. May 2, 2025), is a published Sixth Circuit decision...
Harmless Allocution Error in Unlawful Reentry Sentencing: Clarifying Plain Error Review under Fed. R. Crim. P. 32

Harmless Allocution Error in Unlawful Reentry Sentencing: Clarifying Plain Error Review under Fed. R. Crim. P. 32

Date: May 3, 2025
Harmless Allocution Error in Unlawful Reentry Sentencing: Clarifying Plain Error Review under Fed. R. Crim. P. 32 Introduction This commentary examines United States v. Rudys Osvaldo Torres, No....
Probable Cause Suffices for Pre-Revocation Detention: Limits of Due-Process in Probation Revocation

Probable Cause Suffices for Pre-Revocation Detention: Limits of Due-Process in Probation Revocation

Date: May 3, 2025
Probable Cause Suffices for Pre-Revocation Detention: Limits of Due-Process in Probation Revocation Introduction In Dion Horton v. Administrative Judge Jill Rangos (3d Cir. 2025), a panel of the...
Physician’s Duty Under FTCA: No Liability for Emotional Distress from Treatment-Related Discharge Threat

Physician’s Duty Under FTCA: No Liability for Emotional Distress from Treatment-Related Discharge Threat

Date: May 3, 2025
Physician’s Duty Under FTCA: No Liability for Emotional Distress from Treatment-Related Discharge Threat Introduction In David D. Richardson v. United States, the Third Circuit addressed whether a...
Waiver of “Person Aggrieved” Requirement: Jurisdiction vs. Capacity in Zoning Appeals

Waiver of “Person Aggrieved” Requirement: Jurisdiction vs. Capacity in Zoning Appeals

Date: May 3, 2025
Waiver of “Person Aggrieved” Requirement: Jurisdiction vs. Capacity in Zoning Appeals Introduction In Ex parte Teachers’ Retirement System of Alabama et al. (2025), the Supreme Court of Alabama...
Qualified Immunity for Discretionary Functions: De Novo Review and the Limits of Internal Policies

Qualified Immunity for Discretionary Functions: De Novo Review and the Limits of Internal Policies

Date: May 3, 2025
Qualified Immunity for Discretionary Functions: De Novo Review and the Limits of Internal Policies Introduction In Jason Moorhead v. West Virginia Army National Guard and West Virginia Mountaineer...
Immunity for Municipal “Good Samaritan” Services: Interpreting “Gratuitous” in AS 09.65.070(d)(4)

Immunity for Municipal “Good Samaritan” Services: Interpreting “Gratuitous” in AS 09.65.070(d)(4)

Date: May 3, 2025
Immunity for Municipal “Good Samaritan” Services: Interpreting “Gratuitous” in AS 09.65.070(d)(4) Introduction In John D. Rochon v. City of Nome, Allen Wright, and Jackie L. Reader, the Alaska...
Clarifying Attorney Disclosure Obligations and Proximate Cause in Legal Malpractice: Signal Funding v. Sugar Felsenthal

Clarifying Attorney Disclosure Obligations and Proximate Cause in Legal Malpractice: Signal Funding v. Sugar Felsenthal

Date: May 3, 2025
Clarifying Attorney Disclosure Obligations and Proximate Cause in Legal Malpractice: Signal Funding v. Sugar Felsenthal Introduction Signal Funding, LLC (“Signal”) is a pre-settlement...
Clarifying Insurer Duty to Defend BIPA Claims: Access or Disclosure vs. Statutory Violations Exclusions

Clarifying Insurer Duty to Defend BIPA Claims: Access or Disclosure vs. Statutory Violations Exclusions

Date: May 3, 2025
Clarifying Insurer Duty to Defend BIPA Claims: Access or Disclosure vs. Statutory Violations Exclusions Introduction This commentary examines Citizens Insurance Company of America v. Mullins Food...
Evidence‐Based Requirement for “Exceptional and Extremely Unusual Hardship” under 8 U.S.C. § 1229b(b)(1)(D): Consideration of Intra‐Country Relocation

Evidence‐Based Requirement for “Exceptional and Extremely Unusual Hardship” under 8 U.S.C. § 1229b(b)(1)(D): Consideration of Intra‐Country Relocation

Date: May 3, 2025
Evidence‐Based Requirement for “Exceptional and Extremely Unusual Hardship” under 8 U.S.C. § 1229b(b)(1)(D): Consideration of Intra‐Country Relocation Introduction Herrera-Arellano v. Garland is an...
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