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reinforcing-the-implied-covenant-of-good-faith-in-commercial-development-contracts:-anthony& Case Commentaries

Bad Faith Requires More Than Negligence: Eleventh Circuit Clarifies Rule 56’s Demands, Coverage-Investigation Leeway, and Global-Settlement Strategy in Florida Third-Party Claims

Bad Faith Requires More Than Negligence: Eleventh Circuit Clarifies Rule 56’s Demands, Coverage-Investigation Leeway, and Global-Settlement Strategy in Florida Third-Party Claims

Date: Sep 25, 2025
Bad Faith Requires More Than Negligence: Eleventh Circuit Clarifies Rule 56’s Demands, Coverage-Investigation Leeway, and Global-Settlement Strategy in Florida Third-Party Claims Introduction In a...
Eleventh Circuit Carves a Redressability Window for Closed Adult Businesses and Reaffirms Secondary-Effects Analysis Post‑Reed

Eleventh Circuit Carves a Redressability Window for Closed Adult Businesses and Reaffirms Secondary-Effects Analysis Post‑Reed

Date: Sep 25, 2025
Eleventh Circuit Carves a Redressability Window for Closed Adult Businesses and Reaffirms Secondary-Effects Analysis Post‑Reed Introduction In WBY, Inc. v. City of Chamblee, Georgia, the United...
Third Circuit: Rule 11 Reaches Attached “Dispute Letters” and Removed Complaints; Inherent-Power Sanctions Extend to Prelitigation Schemes to Manufacture FDCPA Claims

Third Circuit: Rule 11 Reaches Attached “Dispute Letters” and Removed Complaints; Inherent-Power Sanctions Extend to Prelitigation Schemes to Manufacture FDCPA Claims

Date: Sep 25, 2025
Third Circuit: Rule 11 Reaches Attached “Dispute Letters” and Removed Complaints; Inherent-Power Sanctions Extend to Prelitigation Schemes to Manufacture FDCPA Claims Introduction In a precedential...
No State-Created Danger Without Direct But-For Causation: Third Circuit Affirms Summary Judgment and Tightens Rule 56(d) Discovery in Estate of Lagano v. BCPO

No State-Created Danger Without Direct But-For Causation: Third Circuit Affirms Summary Judgment and Tightens Rule 56(d) Discovery in Estate of Lagano v. BCPO

Date: Sep 25, 2025
No State-Created Danger Without Direct But-For Causation: Third Circuit Affirms Summary Judgment and Tightens Rule 56(d) Discovery in Estate of Lagano v. BCPO Court: U.S. Court of Appeals for the...
Reaffirming Divisibility by Drug Identity: The Third Circuit Holds Pennsylvania PWID Remains a Controlled-Substance “Element” Offense for INA Removability

Reaffirming Divisibility by Drug Identity: The Third Circuit Holds Pennsylvania PWID Remains a Controlled-Substance “Element” Offense for INA Removability

Date: Sep 25, 2025
Reaffirming Divisibility by Drug Identity: The Third Circuit Holds Pennsylvania PWID Remains a Controlled-Substance “Element” Offense for INA Removability Introduction In Jose Miguel German Santos v....
Liberal Construction of Notices of Appeal and Qualified Immunity for Executing Facially Valid Warrants: Commentary on Pinkney v. Meadville

Liberal Construction of Notices of Appeal and Qualified Immunity for Executing Facially Valid Warrants: Commentary on Pinkney v. Meadville

Date: Sep 25, 2025
Liberal Construction of Notices of Appeal and Qualified Immunity for Executing Facially Valid Warrants: Commentary on Pinkney v. Meadville Note: This Third Circuit disposition is designated not...
Rule 11 Reaches Attached Pre‑Suit Letters and Post‑Removal Advocacy; Inherent Power Sanctions Pre‑Suit Deception: Sofaly v. Portfolio Recovery Associates

Rule 11 Reaches Attached Pre‑Suit Letters and Post‑Removal Advocacy; Inherent Power Sanctions Pre‑Suit Deception: Sofaly v. Portfolio Recovery Associates

Date: Sep 25, 2025
Rule 11 Reaches Attached Pre‑Suit Letters and Post‑Removal Advocacy; Inherent Power Sanctions Pre‑Suit Deception: Sofaly v. Portfolio Recovery Associates Introduction In Robert Sofaly v. Portfolio...
No Safe Harbor in Delay: Fifth Circuit Confirms EPA May Disapprove Overdue Good Neighbor SIPs Using Updated Modeling and Requires Independent “Maintenance” Analysis Beyond Formal Nonattainment Designations

No Safe Harbor in Delay: Fifth Circuit Confirms EPA May Disapprove Overdue Good Neighbor SIPs Using Updated Modeling and Requires Independent “Maintenance” Analysis Beyond Formal Nonattainment Designations

Date: Sep 25, 2025
No Safe Harbor in Delay: Fifth Circuit Confirms EPA May Disapprove Overdue Good Neighbor SIPs Using Updated Modeling and Requires Independent “Maintenance” Analysis Beyond Formal Nonattainment...
Aguilar-Morales v. Bondi: Second Circuit Reaffirms Waivability of NTA Time-and-Place Defects and Demands a Non-Incidental Nexus for Family and Imputed-Political-Opinion Claims

Aguilar-Morales v. Bondi: Second Circuit Reaffirms Waivability of NTA Time-and-Place Defects and Demands a Non-Incidental Nexus for Family and Imputed-Political-Opinion Claims

Date: Sep 24, 2025
Aguilar-Morales v. Bondi: Second Circuit Reaffirms Waivability of NTA Time-and-Place Defects and Demands a Non-Incidental Nexus for Family and Imputed-Political-Opinion Claims Court: U.S. Court of...
No Victim-Identity Limit for FDCA § 333(a)(2); FDCA § 334 Is Not a Civil Forfeiture Statute — United States v. Fishman, Giannelli (2d Cir. 2025)

No Victim-Identity Limit for FDCA § 333(a)(2); FDCA § 334 Is Not a Civil Forfeiture Statute — United States v. Fishman, Giannelli (2d Cir. 2025)

Date: Sep 24, 2025
No Victim-Identity Limit for FDCA § 333(a)(2); FDCA § 334 Is Not a Civil Forfeiture Statute United States v. Fishman, Giannelli, Nos. 22-1600-cr (L), 22-2063-cr (C), 23-6819-cv (C) — U.S. Court of...
Misdescribed Bills of Lading Do Not Prevent Risk-of-Loss Transfer Under Shipment Contracts When the Buyer Hires the Carrier

Misdescribed Bills of Lading Do Not Prevent Risk-of-Loss Transfer Under Shipment Contracts When the Buyer Hires the Carrier

Date: Sep 24, 2025
Misdescribed Bills of Lading Do Not Prevent Risk-of-Loss Transfer Under Shipment Contracts When the Buyer Hires the Carrier Introduction In Certain Underwriters at Lloyd’s London v. Scents...
No Retroactivity Where Offense Period Includes Post-Scheduling Conduct; Eleventh Circuit Reaffirms Time-of-Conviction Comparison for § 1182(a)(2)(A)(i)(II)

No Retroactivity Where Offense Period Includes Post-Scheduling Conduct; Eleventh Circuit Reaffirms Time-of-Conviction Comparison for § 1182(a)(2)(A)(i)(II)

Date: Sep 24, 2025
No Retroactivity Where Offense Period Includes Post-Scheduling Conduct; Eleventh Circuit Reaffirms Time-of-Conviction Comparison for § 1182(a)(2)(A)(i)(II) Case: Md Zaberul Hasan v. U.S. Attorney...
Esteras Plain-Error Barrier and PSI Admissions at Revocation: The Eleventh Circuit’s Framework in United States v. Higgs

Esteras Plain-Error Barrier and PSI Admissions at Revocation: The Eleventh Circuit’s Framework in United States v. Higgs

Date: Sep 24, 2025
Esteras Plain-Error Barrier and PSI Admissions at Revocation: The Eleventh Circuit’s Framework in United States v. Higgs Introduction In United States v. Zeno Higgs (11th Cir. No. 25-10996, Sept. 22,...
Information Control and Intangible Benefits Can Prove Leadership; Dangerousness-Based Disarmament Defeats § 922(g)(1) Challenges

Information Control and Intangible Benefits Can Prove Leadership; Dangerousness-Based Disarmament Defeats § 922(g)(1) Challenges

Date: Sep 24, 2025
Information Control and Intangible Benefits Can Prove Leadership; Dangerousness-Based Disarmament Defeats § 922(g)(1) Challenges Case: United States v. Avis Damone Coward (No. 24-1885) Court: United...
Specifics or No Second Chance: Tenth Circuit Confirms FMSHRC’s Discretion to Deny Reopening of Mine Act Defaults Absent Detailed Causation and Prospective Safeguards

Specifics or No Second Chance: Tenth Circuit Confirms FMSHRC’s Discretion to Deny Reopening of Mine Act Defaults Absent Detailed Causation and Prospective Safeguards

Date: Sep 24, 2025
Specifics or No Second Chance: Tenth Circuit Confirms FMSHRC’s Discretion to Deny Reopening of Mine Act Defaults Absent Detailed Causation and Prospective Safeguards Introduction In Tintic...
Between Silence and Speech: No Plain Doyle Error in Mixed Post‑Miranda “Partial Silence” Cases — United States v. White (10th Cir. 2025)

Between Silence and Speech: No Plain Doyle Error in Mixed Post‑Miranda “Partial Silence” Cases — United States v. White (10th Cir. 2025)

Date: Sep 24, 2025
Between Silence and Speech: No Plain Doyle Error in Mixed Post‑Miranda “Partial Silence” Cases — United States v. White (10th Cir. 2025) Court: United States Court of Appeals for the Tenth Circuit...
No Federal Do‑Over: Postconviction Counsel’s Inaction Bars § 2254 Evidentiary Development; State “Missing‑Evidence” Inference Not Cognizable Under § 2254(d)(1)

No Federal Do‑Over: Postconviction Counsel’s Inaction Bars § 2254 Evidentiary Development; State “Missing‑Evidence” Inference Not Cognizable Under § 2254(d)(1)

Date: Sep 24, 2025
No Federal Do‑Over: Postconviction Counsel’s Inaction Bars § 2254 Evidentiary Development; State “Missing‑Evidence” Inference Not Cognizable Under § 2254(d)(1) Introduction This Seventh Circuit...
No Categorical NBA Preemption: First Circuit Requires Nuanced, Evidence‑Based Showing of “Significant Interference” for State Escrow‑Interest Laws

No Categorical NBA Preemption: First Circuit Requires Nuanced, Evidence‑Based Showing of “Significant Interference” for State Escrow‑Interest Laws

Date: Sep 24, 2025
No Categorical NBA Preemption: First Circuit Requires Nuanced, Evidence‑Based Showing of “Significant Interference” for State Escrow‑Interest Laws Introduction In Conti v. Citizens Bank, N.A. (1st...
Reasoned Explanation Required for BIA Denials of Motions to Accept Late-Filed Briefs Under 8 C.F.R. § 1003.3(c)(1)

Reasoned Explanation Required for BIA Denials of Motions to Accept Late-Filed Briefs Under 8 C.F.R. § 1003.3(c)(1)

Date: Sep 24, 2025
Reasoned Explanation Required for BIA Denials of Motions to Accept Late-Filed Briefs Under 8 C.F.R. § 1003.3(c)(1) Case: Lopez-Gomez v. Bondi, No. 24-1921 (1st Cir. Sept. 22, 2025) Court: United...
Temporal Proximity Not Required: First Circuit Clarifies Causation and Pretext Under Puerto Rico Law 115

Temporal Proximity Not Required: First Circuit Clarifies Causation and Pretext Under Puerto Rico Law 115

Date: Sep 24, 2025
Temporal Proximity Not Required: First Circuit Clarifies Causation and Pretext Under Puerto Rico Law 115 Introduction In Mercado v. Hyannis Air Service, Inc., No. 23-1744 (1st Cir. Sept. 22, 2025),...
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