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

First Circuit Rejects the “Incidental-Kidnapping” Limitation: A Commentary on United States v. Coleman

First Circuit Rejects the “Incidental-Kidnapping” Limitation: A Commentary on United States v. Coleman

Date: Jul 22, 2025
First Circuit Rejects the “Incidental-Kidnapping” Limitation: A Commentary on United States v. Coleman 1. Introduction On 21 July 2025 the United States Court of Appeals for the First Circuit...
United States v. Coleman: First Circuit Abandons the “Incidental-Kidnapping” Limitation and Re-sets the Bar for “Appreciable Holding” under 18 U.S.C. § 1201

United States v. Coleman: First Circuit Abandons the “Incidental-Kidnapping” Limitation and Re-sets the Bar for “Appreciable Holding” under 18 U.S.C. § 1201

Date: Jul 22, 2025
United States v. Coleman: First Circuit Abandons the “Incidental-Kidnapping” Limitation and Re-sets the Bar for “Appreciable Holding” under 18 U.S.C. § 1201 1. Introduction The First Circuit’s 2025...
United States v. Coleman: First Circuit Rejects an “Incidental-Kidnapping” Exception and Re-defines the “Holding” Element Under 18 U.S.C. § 1201

United States v. Coleman: First Circuit Rejects an “Incidental-Kidnapping” Exception and Re-defines the “Holding” Element Under 18 U.S.C. § 1201

Date: Jul 22, 2025
United States v. Coleman: First Circuit Rejects an “Incidental-Kidnapping” Exception and Re-defines the “Holding” Element Under 18 U.S.C. § 1201 Introduction On 21 July 2025 the United States Court...
From Silence to Scienter: Michigan Supreme Court Requires Mens Rea for Prisoner-in-Possession Offences Under MCL 8.9

From Silence to Scienter: Michigan Supreme Court Requires Mens Rea for Prisoner-in-Possession Offences Under MCL 8.9

Date: Jul 22, 2025
From Silence to Scienter: Michigan Supreme Court Requires Mens Rea for Prisoner-in-Possession Offences Under MCL 8.9 1. Introduction In People of the State of Michigan v. Christopher Lehman...
Cable First v. Lepetiuk Engineering: The Second Circuit’s Clear Warning on Frivolous Appeals, Misrepresented Ownership, and Rule 38 Sanctions

Cable First v. Lepetiuk Engineering: The Second Circuit’s Clear Warning on Frivolous Appeals, Misrepresented Ownership, and Rule 38 Sanctions

Date: Jul 22, 2025
Cable First v. Lepetiuk Engineering: The Second Circuit’s Clear Warning on Frivolous Appeals, Misrepresented Ownership, and Rule 38 Sanctions Introduction Cable First Construction, Inc. (“Cable...
Strict Compliance with Lozada: Disciplinary Complaint Alone Is Not “Notice” – Comment on Tarlochan Singh v. Bondi (7th Cir. 2025)

Strict Compliance with Lozada: Disciplinary Complaint Alone Is Not “Notice” – Comment on Tarlochan Singh v. Bondi (7th Cir. 2025)

Date: Jul 22, 2025
Strict Compliance with Lozada: Disciplinary Complaint Alone Is Not “Notice” – Comment on Tarlochan Singh v. Bondi (7th Cir. 2025) 1. Introduction In Tarlochan Singh v. Pamela J. Bondi, the United...
Singh v. Bondi: The Seventh Circuit Re-affirms Strict, Tripartite Lozada Compliance for Ineffective-Assistance Motions in Immigration Proceedings

Singh v. Bondi: The Seventh Circuit Re-affirms Strict, Tripartite Lozada Compliance for Ineffective-Assistance Motions in Immigration Proceedings

Date: Jul 22, 2025
Singh v. Bondi: The Seventh Circuit Re-affirms Strict, Tripartite Lozada Compliance for Ineffective-Assistance Motions in Immigration Proceedings 1. Introduction Tarlochan Singh—a Sikh political...
Beyond Derivatives: Seventh Circuit Holds Recoupment in Predatory Pricing Must Arise from Monopoly Prices, Not Financial Hedging

Beyond Derivatives: Seventh Circuit Holds Recoupment in Predatory Pricing Must Arise from Monopoly Prices, Not Financial Hedging

Date: Jul 22, 2025
Beyond Derivatives: Seventh Circuit Holds Recoupment in Predatory Pricing Must Arise from Monopoly Prices, Not Financial Hedging Introduction United Wisconsin Grain Producers LLC, together with six...
Reconciling Bowen, Great-West, and California:  American Public Health Association v. NIH Establishes District-Court Jurisdiction to Vacate Federal Grant Terminations Under the APA

Reconciling Bowen, Great-West, and California: American Public Health Association v. NIH Establishes District-Court Jurisdiction to Vacate Federal Grant Terminations Under the APA

Date: Jul 22, 2025
Reconciling Bowen, Great-West, and California: American Public Health Association v. NIH Establishes District-Court Jurisdiction to Vacate Federal Grant Terminations Under the APA 1. Introduction In...
The “Kennedy Jurisdiction Doctrine”: First Circuit Confirms APA Authority to Vacate NIH Grant Terminations Despite Tucker Act Concerns

The “Kennedy Jurisdiction Doctrine”: First Circuit Confirms APA Authority to Vacate NIH Grant Terminations Despite Tucker Act Concerns

Date: Jul 22, 2025
The “Kennedy Jurisdiction Doctrine”: First Circuit Confirms APA Authority to Vacate NIH Grant Terminations Despite Tucker Act Concerns Introduction In Commonwealth of Massachusetts v. Kennedy, Nos....
“Unequivocal Certainty” in Removal Proceedings: The First Circuit Elevates the Government’s Burden for Proving Alienage in Inadmissibility Cases

“Unequivocal Certainty” in Removal Proceedings: The First Circuit Elevates the Government’s Burden for Proving Alienage in Inadmissibility Cases

Date: Jul 22, 2025
“Unequivocal Certainty” in Removal Proceedings: The First Circuit Elevates the Government’s Burden for Proving Alienage in Inadmissibility Cases 1. Introduction Da Silva Borges v. Bondi, No. 24-1695...
Associational Standing Re-Drawn: Fourth Circuit Allows Trade Associations to Allege Facial ICCTA Pre-emption but Bars Blanket Takings Claims

Associational Standing Re-Drawn: Fourth Circuit Allows Trade Associations to Allege Facial ICCTA Pre-emption but Bars Blanket Takings Claims

Date: Jul 22, 2025
Associational Standing Re-Drawn: Fourth Circuit Allows Trade Associations to Allege Facial ICCTA Pre-emption but Bars Blanket Takings Claims 1. Introduction In Association of American Railroads v....
“Supportability & Consistency Reign Supreme” – The Fourth Circuit’s Definitive Guidepost for Evaluating Mental-Health Evidence after the 2017 SSA Rule (Dawn Drumgold v. Commissioner of Social Security)

“Supportability & Consistency Reign Supreme” – The Fourth Circuit’s Definitive Guidepost for Evaluating Mental-Health Evidence after the 2017 SSA Rule (Dawn Drumgold v. Commissioner of Social Security)

Date: Jul 22, 2025
“Supportability & Consistency Reign Supreme” The Fourth Circuit’s Definitive Guidepost for Evaluating Mental-Health Evidence after the 2017 SSA Rule 1. Introduction Dawn M. Drumgold, a former Social...
“First Determine the Chapter”: The Fourth Circuit’s New Directive on Choosing Among FAA Chapters in Employers' Innovative Network, LLC v. Bridgeport Benefits, Inc.

“First Determine the Chapter”: The Fourth Circuit’s New Directive on Choosing Among FAA Chapters in Employers' Innovative Network, LLC v. Bridgeport Benefits, Inc.

Date: Jul 22, 2025
“First Determine the Chapter”: The Fourth Circuit’s New Directive on Choosing Among FAA Chapters in Employers' Innovative Network, LLC v. Bridgeport Benefits, Inc. Introduction Employers’ Innovative...
United States v. Clark: The Third Circuit’s Recognition of “Odor-Masking Conduct” as a Stand-Alone Factor Creating Reasonable Suspicion

United States v. Clark: The Third Circuit’s Recognition of “Odor-Masking Conduct” as a Stand-Alone Factor Creating Reasonable Suspicion

Date: Jul 22, 2025
United States v. Clark: The Third Circuit’s Recognition of “Odor-Masking Conduct” as a Stand-Alone Factor Creating Reasonable Suspicion Introduction In United States v. Loren Clark, Jr., No. 24-1892...

    United States v. Guyton: The Third Circuit Adopts Plain-Error Review
    for Unpreserved § 851(b) Omissions and Expands the Definition of
    “Term of Imprisonment” under 21 U.S.C. § 802(58)

United States v. Guyton: The Third Circuit Adopts Plain-Error Review for Unpreserved § 851(b) Omissions and Expands the Definition of “Term of Imprisonment” under 21 U.S.C. § 802(58)

Date: Jul 22, 2025
United States v. Guyton: The Third Circuit Adopts Plain-Error Review for Unpreserved § 851(b) Omissions and Expands the Meaning of “Term of Imprisonment” for Serious-Drug-Felony Enhancements...
“Not the Proper Stuff of a Federal Harassment Claim”: The Fifth Circuit Re-draws the Severity Line for Student-on-Student Title IX Claims in M.K. v. Pearl River County School District

“Not the Proper Stuff of a Federal Harassment Claim”: The Fifth Circuit Re-draws the Severity Line for Student-on-Student Title IX Claims in M.K. v. Pearl River County School District

Date: Jul 22, 2025
“Not the Proper Stuff of a Federal Harassment Claim”: The Fifth Circuit Re-draws the Severity Line for Student-on-Student Title IX Claims in M.K. v. Pearl River County School District 1. Introduction...
Fifth Circuit Clarifies that Louisiana Synthetic-Cannabinoid Convictions Are Not Automatically “Controlled Substance Offenses” for Career-Offender Purposes

Fifth Circuit Clarifies that Louisiana Synthetic-Cannabinoid Convictions Are Not Automatically “Controlled Substance Offenses” for Career-Offender Purposes

Date: Jul 22, 2025
Fifth Circuit Clarifies that Louisiana Synthetic-Cannabinoid Convictions Are Not Automatically “Controlled Substance Offenses” for Career-Offender Purposes Introduction In United States v. Edmond,...
“Holistic Comparator Analysis in Workforce Reductions” – A Commentary on Dawn Hayes v. Clariant Plastics & Coatings USA, Inc.

“Holistic Comparator Analysis in Workforce Reductions” – A Commentary on Dawn Hayes v. Clariant Plastics & Coatings USA, Inc.

Date: Jul 22, 2025
“Holistic Comparator Analysis in Workforce Reductions” Commentary on Dawn Hayes v. Clariant Plastics & Coatings USA, Inc. I. Introduction In Hayes v. Clariant, the Sixth Circuit revisits the...
Arbitrator Findings & Post-Reinstatement Delay as Evidence of Pretext and Retaliation: A Commentary on Jeff Smith v. City of Union, Ohio (6th Cir. 2025)

Arbitrator Findings & Post-Reinstatement Delay as Evidence of Pretext and Retaliation: A Commentary on Jeff Smith v. City of Union, Ohio (6th Cir. 2025)

Date: Jul 22, 2025
Arbitrator Findings & Post-Reinstatement Delay as Evidence of Pretext and Retaliation Commentary on Jeff Smith v. City of Union, Ohio, 89 F.4th ___ (6th Cir. 2025) Introduction In Jeff Smith v. City...
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