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

No Fifth Amendment Retaliation at Sentencing Without a Demonstrable Nexus: United States v. Johnathan Crawford (4th Cir. 2025)

No Fifth Amendment Retaliation at Sentencing Without a Demonstrable Nexus: United States v. Johnathan Crawford (4th Cir. 2025)

Date: Sep 11, 2025
No Fifth Amendment Retaliation at Sentencing Without a Demonstrable Nexus: United States v. Johnathan Crawford (4th Cir. 2025) Introduction In this unpublished but instructive decision, the Fourth...
Sixth Circuit Clarifies Third-Party Consent at Family Businesses and Reaffirms Broad Discretion in Public Contracting Under “Best-Interest” RFPs

Sixth Circuit Clarifies Third-Party Consent at Family Businesses and Reaffirms Broad Discretion in Public Contracting Under “Best-Interest” RFPs

Date: Sep 11, 2025
Sixth Circuit Clarifies Third-Party Consent at Family Businesses and Reaffirms Broad Discretion in Public Contracting Under “Best-Interest” RFPs Introduction In Rockwood Auto Parts, Inc.; Rockwood...
Non-Exhaustive Duties Clauses Foreclose Extra-Compensation and Quasi-Contract Claims; Promissory Estoppel Requires Unconscionable Injury — Commentary on Holman v. St. John's Episcopal Hospital (2d Dept. 2025)

Non-Exhaustive Duties Clauses Foreclose Extra-Compensation and Quasi-Contract Claims; Promissory Estoppel Requires Unconscionable Injury — Commentary on Holman v. St. John's Episcopal Hospital (2d Dept. 2025)

Date: Sep 11, 2025
Non-Exhaustive Duties Clauses Foreclose Extra-Compensation and Quasi-Contract Claims; Promissory Estoppel Requires Unconscionable Injury — Holman v. St. John's Episcopal Hospital (2d Dept. 2025)...
Recall Alone Is Not Enough for Article III Standing: Sixth Circuit Demands Plausible Contamination Allegations in Benefit-of-the-Bargain and Risk-of-Illness Suits

Recall Alone Is Not Enough for Article III Standing: Sixth Circuit Demands Plausible Contamination Allegations in Benefit-of-the-Bargain and Risk-of-Illness Suits

Date: Sep 11, 2025
Recall Alone Is Not Enough for Article III Standing: Sixth Circuit Demands Plausible Contamination Allegations in Benefit-of-the-Bargain and Risk-of-Illness Suits Case: Ward v. J.M. Smucker Co., No....
CPLR 2001 Can Cure Minor RPAPL 1304 Counseling-List Mislabeling; Referee’s Computations Must Rest on Admissible Business Records

CPLR 2001 Can Cure Minor RPAPL 1304 Counseling-List Mislabeling; Referee’s Computations Must Rest on Admissible Business Records

Date: Sep 11, 2025
CPLR 2001 Can Cure Minor RPAPL 1304 Counseling-List Mislabeling; Referee’s Computations Must Rest on Admissible Business Records Introduction In Bank of America, N.A. v. Barnett, 2025 NY Slip Op...
Borden Does Not Control West Virginia’s Habitual Offender Statute: DUI Causing Serious Bodily Injury Remains a “Crime of Violence” for Recidivist Life Sentencing

Borden Does Not Control West Virginia’s Habitual Offender Statute: DUI Causing Serious Bodily Injury Remains a “Crime of Violence” for Recidivist Life Sentencing

Date: Sep 11, 2025
Borden Does Not Control West Virginia’s Habitual Offender Statute: DUI Causing Serious Bodily Injury Remains a “Crime of Violence” for Recidivist Life Sentencing Introduction In State of West...
Meaningful Participation in a Medically Fragile Child’s Care Is Required for “Substantial Compliance”: Moderate Compliance Does Not Compel Extension of Improvement Periods (In re N.E., W. Va. 2025)

Meaningful Participation in a Medically Fragile Child’s Care Is Required for “Substantial Compliance”: Moderate Compliance Does Not Compel Extension of Improvement Periods (In re N.E., W. Va. 2025)

Date: Sep 11, 2025
Meaningful Participation in a Medically Fragile Child’s Care Is Required for “Substantial Compliance”: Moderate Compliance Does Not Compel Extension of Improvement Periods Commentary on In re N.E.,...
Acknowledgment of Domestic Violence Is a Prerequisite to Improvement Periods; Ongoing Abuse During Proceedings Supports Immediate Termination — Commentary on In re J.C.-1 and J.C.-2 (W. Va. Sept. 10, 2025)

Acknowledgment of Domestic Violence Is a Prerequisite to Improvement Periods; Ongoing Abuse During Proceedings Supports Immediate Termination — Commentary on In re J.C.-1 and J.C.-2 (W. Va. Sept. 10, 2025)

Date: Sep 11, 2025
Acknowledgment of Domestic Violence Is a Prerequisite to Improvement Periods; Ongoing Abuse During Proceedings Supports Immediate Termination Case: In re J.C.-1 and J.C.-2, No. 24-554 (W. Va. Sept....
Eleventh Circuit Adopts Defendant‑Specific Reading of § 922(g)(1) and Limits “Imprisonment” to Actual Incarceration

Eleventh Circuit Adopts Defendant‑Specific Reading of § 922(g)(1) and Limits “Imprisonment” to Actual Incarceration

Date: Sep 11, 2025
Eleventh Circuit Adopts Defendant‑Specific Reading of § 922(g)(1) and Limits “Imprisonment” to Actual Incarceration Introduction In United States v. Joshua Eugene Gaines, the Eleventh Circuit vacated...
United States v. Simpson: Violent Predicate Felonies—including Vehicular Flight—Sustain § 922(g)(1) Against As‑Applied Second Amendment Challenges

United States v. Simpson: Violent Predicate Felonies—including Vehicular Flight—Sustain § 922(g)(1) Against As‑Applied Second Amendment Challenges

Date: Sep 11, 2025
United States v. Simpson: Violent Predicate Felonies—including Vehicular Flight—Sustain § 922(g)(1) Against As‑Applied Second Amendment Challenges Court: United States Court of Appeals for the Fifth...
In re A.S.: Incarceration at Petition Filing Can Constitute Neglect; Later No-Contact or Zero-Support Orders Do Not Defeat Adjudication

In re A.S.: Incarceration at Petition Filing Can Constitute Neglect; Later No-Contact or Zero-Support Orders Do Not Defeat Adjudication

Date: Sep 11, 2025
In re A.S.: Incarceration at Petition Filing Can Constitute Neglect; Later No-Contact or Zero-Support Orders Do Not Defeat Adjudication Introduction In a memorandum decision issued on September 10,...
No Individualized Dangerousness Inquiry for Drug‑Trafficking Felons under § 922(g)(1): The Fifth Circuit’s Per Se Rule Reaffirmed in United States v. Mancilla

No Individualized Dangerousness Inquiry for Drug‑Trafficking Felons under § 922(g)(1): The Fifth Circuit’s Per Se Rule Reaffirmed in United States v. Mancilla

Date: Sep 11, 2025
No Individualized Dangerousness Inquiry for Drug‑Trafficking Felons under § 922(g)(1): The Fifth Circuit’s Per Se Rule Reaffirmed in United States v. Mancilla Introduction In United States v....
No Automatic Inclusion: West Virginia Supreme Court Requires Individual Adjudication for Each Child Before Disposition in Abuse and Neglect Proceedings

No Automatic Inclusion: West Virginia Supreme Court Requires Individual Adjudication for Each Child Before Disposition in Abuse and Neglect Proceedings

Date: Sep 11, 2025
No Automatic Inclusion: West Virginia Supreme Court Requires Individual Adjudication for Each Child Before Disposition in Abuse and Neglect Proceedings Introduction In In re A.B., L.E., and J.B., No....
Rational-Basis Limits on SORA’s “Sexually Violent Offender” Label for Out-of-State Convictions: People v. Edwards (2d Dep’t 2025)

Rational-Basis Limits on SORA’s “Sexually Violent Offender” Label for Out-of-State Convictions: People v. Edwards (2d Dep’t 2025)

Date: Sep 11, 2025
Rational-Basis Limits on SORA’s “Sexually Violent Offender” Label for Out-of-State Convictions: People v. Edwards (2d Dep’t 2025) Introduction In People v. Edwards, 2025 NY Slip Op 04922 (App Div, 2d...
No Prejudice, No Abandonment: Second Department Reaffirms Discretionary Nonforfeiture Under 22 NYCRR 202.48 in M&T v. Ahmed

No Prejudice, No Abandonment: Second Department Reaffirms Discretionary Nonforfeiture Under 22 NYCRR 202.48 in M&T v. Ahmed

Date: Sep 11, 2025
No Prejudice, No Abandonment: Second Department Reaffirms Discretionary Nonforfeiture Under 22 NYCRR 202.48 Introduction In Manufacturers & Traders Trust Company v. Ahmed (2025 NY Slip Op 04898), the...
Whittaker Clarifies: Filing Authority Is Nonjurisdictional, Sister‑State Receivers Cannot Strip a Board’s Bankruptcy Power, and Product‑Line Successor Claims Belong to the Estate

Whittaker Clarifies: Filing Authority Is Nonjurisdictional, Sister‑State Receivers Cannot Strip a Board’s Bankruptcy Power, and Product‑Line Successor Claims Belong to the Estate

Date: Sep 11, 2025
Whittaker Clarifies: Filing Authority Is Nonjurisdictional, Sister‑State Receivers Cannot Strip a Board’s Bankruptcy Power, and Product‑Line Successor Claims Belong to the Estate Introduction In a...
Frustration of Purpose in COVID‑19 Wedding-Catering Contracts: Second Department Affirms Refund of Deposits and Rejects Anticipatory Breach; Ambiguity Permits Parol Evidence

Frustration of Purpose in COVID‑19 Wedding-Catering Contracts: Second Department Affirms Refund of Deposits and Rejects Anticipatory Breach; Ambiguity Permits Parol Evidence

Date: Sep 11, 2025
Frustration of Purpose in COVID‑19 Wedding-Catering Contracts: Second Department Affirms Refund of Deposits and Rejects Anticipatory Breach; Ambiguity Permits Parol Evidence Kay v. Heavenly Events &...
United States v. Medina: First Circuit Clarifies Permissible Use of Generic Interstate Commerce Examples in Jury Instructions and Affirms Narrow Application of the Excited Utterance Exception

United States v. Medina: First Circuit Clarifies Permissible Use of Generic Interstate Commerce Examples in Jury Instructions and Affirms Narrow Application of the Excited Utterance Exception

Date: Sep 10, 2025
United States v. Medina: First Circuit Clarifies Permissible Use of Generic Interstate Commerce Examples in Jury Instructions and Affirms Narrow Application of the Excited Utterance Exception...
Diagnosis-Based Exclusions for Gender-Affirming Surgery Are Not Facially Sex Discrimination Under Title VII: The Eleventh Circuit’s En Banc Decision in Lange v. Houston County

Diagnosis-Based Exclusions for Gender-Affirming Surgery Are Not Facially Sex Discrimination Under Title VII: The Eleventh Circuit’s En Banc Decision in Lange v. Houston County

Date: Sep 10, 2025
Diagnosis-Based Exclusions for Gender-Affirming Surgery Are Not Facially Sex Discrimination Under Title VII: The Eleventh Circuit’s En Banc Decision in Lange v. Houston County Introduction This en...
Human Oversight and Secured-Only Systems: Pennsylvania Supreme Court’s Interim Framework for Judicial Use of Generative AI

Human Oversight and Secured-Only Systems: Pennsylvania Supreme Court’s Interim Framework for Judicial Use of Generative AI

Date: Sep 10, 2025
Human Oversight and Secured-Only Systems: Pennsylvania Supreme Court’s Interim Framework for Judicial Use of Generative AI Introduction On September 9, 2025, the Supreme Court of Pennsylvania issued...
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