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

“Outside the School-Student Relationship” – Arizona Supreme Court Defines the Geographic Limits of a School’s Duty of Care (PUSD 210 v. Hon. Sinclair/Lucero, 2025)

Date: Jul 16, 2025

“Outside the School-Student Relationship” – Arizona Supreme Court Defines the Geographic Limits of a School’s Duty of Care Commentary on PUSD 210 v. Hon. Sinclair / Lucero, CV-24-0307-PR (Ariz. Jul....

The Padilla Tolling Rule: Dismissal Without Prejudice Does Not Stop the Statutory Clock for Second-Degree Felonies in New Mexico

Date: Jul 16, 2025

The Padilla Tolling Rule: Dismissal Without Prejudice Does Not Stop the Statutory Clock for Second-Degree Felonies in New Mexico 1. Introduction In State v. Padilla, decided on 15 July 2025, the New...

Eleventh Circuit Upholds Continuing Ancillary Jurisdiction to Enforce Restitution After Probation – A Commentary on United States v. Mikel Mims (2025)

Date: Jul 16, 2025

Continuing Ancillary Jurisdiction to Enforce Restitution Orders After Completion of Probation: United States v. Mikel Mims (11th Cir. 2025) 1. Introduction In United States v. Mikel Mims, the...

When State Law Speaks, Federal Panels Must Listen: United States v. Rowe and the Supremacy of Intervening State-Court Interpretations in Federal Sentencing Analysis

Date: Jul 16, 2025

When State Law Speaks, Federal Panels Must Listen: United States v. Rowe and the Supremacy of Intervening State-Court Interpretations in Federal Sentencing Analysis Introduction United States v....

No Duty to Warn of “Open-and-Obvious” Fuel-Fire Risks and the “High-Probability” Threshold for Reckless Design: A Commentary on Anthony Leslie v. Daimler Trucks North America LLC

Date: Jul 16, 2025

No Duty to Warn of “Open-and-Obvious” Fuel-Fire Risks and the “High-Probability” Threshold for Reckless Design: Commentary on Anthony Leslie v. Daimler Trucks North America LLC 1. Introduction In...

The “Enclosure” Imperative Reaffirmed: State v. Jones (2025) and the Non-Structural Portal

Date: Jul 16, 2025

The “Enclosure” Imperative Reaffirmed: State v. Jones (2025) and the Non-Structural Portal 1. Introduction In State v. Jones, the Supreme Court of New Mexico confronted a deceptively simple but...

Clarifying the Procedural Framework for De Novo Appeals in Rhode Island: Discovery Limits, Order of Proof, and Pro-Se Litigant Standards

Date: Jul 16, 2025

Clarifying the Procedural Framework for De Novo Appeals in Rhode Island: Discovery Limits, Order of Proof, and Pro-Se Litigant Standards Introduction In E.H. Turf Supply Co., Inc. d/b/a Allen’s Seed...

Tug Master’s Non-Delegable Duty to Verify Tow Clearance: A Comment on Jersey Shore Boat Towing & Salvage, Inc. v. Abdel-Illah Zidal (11th Cir. 2025)

Date: Jul 16, 2025

Tug Master’s Non-Delegable Duty to Verify Tow Clearance before Passing Fixed Obstructions Jersey Shore Boat Towing & Salvage, Inc. v. Abdel-Illah Zidal, 24-13009 (11th Cir. July 15 2025) 1....

“Clear and Unmistakable Waiver” Required: Garcia v. New Mexico Human Services Department and the Autonomy of Public Employees’ Statutory Rights

Date: Jul 16, 2025

“Clear and Unmistakable Waiver” Required to Compel Arbitration of Statutory Claims: A Commentary on Garcia v. New Mexico Human Services Department (2025) 1. Introduction In Garcia v. New Mexico Human...

“No Participation, No Privilege”: The Eleventh Circuit Clarifies Standing for Interlocutory Appeals Based on Legislative Privilege

Date: Jul 16, 2025

“No Participation, No Privilege”: The Eleventh Circuit Clarifies Standing for Interlocutory Appeals Based on Legislative Privilege Introduction In Pen American Center, Inc. v. Escambia County School...

Clark v. DRC: Ohio Supreme Court Reaffirms State’s Duty to Obtain Public Records Held by Private Prison Operators

Date: Jul 16, 2025

Clark v. Department of Rehabilitation & Correction (2025-Ohio-2473): Ohio Supreme Court Reaffirms the State’s Non-Delegable Duty to Retrieve and Produce Public Records Held by Private Prison...

Gray v. Birchfield & Koch Foods: Recognising Multiple Prevailing Parties in Multi-Defendant Litigation

Date: Jul 16, 2025

Gray v. Birchfield & Koch Foods: The Eleventh Circuit Confirms that More Than One “Prevailing Party” May Exist When a Single Plaintiff Sues Multiple Defendants 1. Introduction Ka’Toria Gray, a nurse...

“Heat-of-Passion” Re-Visited: State v. Mangru Confirms the Sequential-Consideration Rule for Voluntary Manslaughter Instructions in Rhode Island

Date: Jul 16, 2025

“Heat-of-Passion” Re-Visited: State v. Mangru Confirms the Sequential-Consideration Rule for Voluntary Manslaughter Instructions in Rhode Island 1. Introduction Case: State v. Andrew Mangru, Nos....

United States v. Garcia-Oquendo: The First Circuit Extends Rule 32.1(b)(2)(C)’s Limited Confrontation Right to the Sentencing Stage of Supervised-Release Revocations

Date: Jul 15, 2025

United States v. Garcia-Oquendo: The First Circuit Extends Rule 32.1(b)(2)(C)’s Limited Confrontation Right to the Sentencing Stage of Supervised-Release Revocations Introduction In United States v....

Bell v. State: Idaho Supreme Court Clarifies Preservation Requirements and Specificity Standards for Incorporating Claims in Amended Post-Conviction Petitions

Date: Jul 15, 2025

Bell v. State: Idaho Supreme Court Clarifies Preservation Requirements and Specificity Standards for Incorporating Claims in Amended Post-Conviction Petitions 1. Introduction Bell v. State, 52104...

“One LSA per Degree Level” & the Formal Adoption of the Turner Test in New Mexico – A Commentary on State v. Swayne, 2025-NMSC-___

Date: Jul 15, 2025

“One LSA per Degree Level” & the Formal Adoption of the Turner Test in New Mexico – Commentary on State v. Swayne, 2025-NMSC-___ 1. Introduction In State v. Swayne (2025), the New Mexico Supreme...

Major Political Parties Have Standing to Enforce Election-Inspector Parity Under MCL 168.674(2)

Date: Jul 15, 2025

Major Political Parties Have Standing to Enforce Election-Inspector Parity Under MCL 168.674(2) Case: Michigan Republican Party and Republican National Committee v. Donahue, Kim, and Kaake (Genesee...

Structural Error Limited to Constitutional Violations – A Commentary on United States v. Johnson (2025)

Date: Jul 15, 2025

Structural Error Limited to Constitutional Violations – A Commentary on United States v. Johnson (2d Cir. 2025) 1 Introduction On 14 July 2025 the United States Court of Appeals for the Second...

The Second Circuit’s Post-Morgan Waiver Doctrine: When Litigation Conduct Alone Extinguishes the Right to Arbitrate

Date: Jul 15, 2025

The Second Circuit’s Post-Morgan Waiver Doctrine: When Litigation Conduct Alone Extinguishes the Right to Arbitrate 1. Introduction Case: Doyle v. UBS Financial Services, Inc., No. 24-696-cv (2d Cir....

“Say Why or Try Again” – The First Circuit’s Clarion Call for Explicit Treatment of Core Mitigation Arguments in Upward Variance Sentences (Commentary on United States v. Flores-Nater, 2025)

Date: Jul 15, 2025

“Say Why or Try Again” – The First Circuit’s Clarion Call for Explicit Treatment of Core Mitigation Arguments in Upward Variance Sentences A Comprehensive Commentary on United States v. Flores-Nater,...

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