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

Reasserting the “Liberal Amendment” Principle Post-Judgment:  Seventh Circuit’s Clarification in Reilly v. Will County Sheriff’s Office

Reasserting the “Liberal Amendment” Principle Post-Judgment: Seventh Circuit’s Clarification in Reilly v. Will County Sheriff’s Office

Date: Jul 11, 2025
Reasserting the “Liberal Amendment” Principle Post-Judgment: Seventh Circuit’s Clarification in Reilly v. Will County Sheriff’s Office Introduction In James Reilly v. Will County Sheriff’s Office &...
Johnson v. Amazon: Certification of PPA Exclusions under Illinois Minimum Wage Law

Johnson v. Amazon: Certification of PPA Exclusions under Illinois Minimum Wage Law

Date: Jul 11, 2025
Johnson v. Amazon: Seventh Circuit Certifies Whether Illinois Minimum Wage Law Excludes Preliminary and Postliminary Activities Introduction In Lisa Johnson & Gale Miller Anderson v. Amazon.com...
Recorded Easements & Disclosure Duties: Ashmus v. Coughlin’s Refinement of “Material Defect” Under R.C. 5302.30

Recorded Easements & Disclosure Duties: Ashmus v. Coughlin’s Refinement of “Material Defect” Under R.C. 5302.30

Date: Jul 11, 2025
Recorded Easements & Disclosure Duties: Ashmus v. Coughlin (2025) Refines the Meaning of “Material Defect” Under Ohio’s Residential Property Disclosure Regime 1. Introduction In Ashmus v. Coughlin,...
“No Claim, No Award” – Eleventh Circuit Clarifies that Arbitrators Exceed Their Powers by Granting Relief on Unsubmitted Claims (Nalco Company LLC v. Laurence Bonday)

“No Claim, No Award” – Eleventh Circuit Clarifies that Arbitrators Exceed Their Powers by Granting Relief on Unsubmitted Claims (Nalco Company LLC v. Laurence Bonday)

Date: Jul 11, 2025
“No Claim, No Award” – Eleventh Circuit Clarifies that Arbitrators Exceed Their Powers by Granting Relief on Unsubmitted Claims in Nalco Company LLC v. Laurence Bonday Introduction The United States...
From “Liberal Thrust” to Rigorous Gate-Keeping: Delaware Supreme Court Aligns D.R.E. 702 with Federal Rule 702 and Mandates Product-Specific Causation — Commentary on In re Zantac (Ranitidine) Litigation

From “Liberal Thrust” to Rigorous Gate-Keeping: Delaware Supreme Court Aligns D.R.E. 702 with Federal Rule 702 and Mandates Product-Specific Causation — Commentary on In re Zantac (Ranitidine) Litigation

Date: Jul 11, 2025
From “Liberal Thrust” to Rigorous Gate-Keeping: Delaware Supreme Court Aligns D.R.E. 702 with Federal Rule 702 and Mandates Product-Specific Causation — Commentary on In re Zantac (Ranitidine)...
Heid v. Rutkoski: Broadening the “Totality-of-the-Circumstances” Shield—Qualified Immunity for Split-Second Deadly-Force Decisions

Heid v. Rutkoski: Broadening the “Totality-of-the-Circumstances” Shield—Qualified Immunity for Split-Second Deadly-Force Decisions

Date: Jul 11, 2025
Heid v. Rutkoski: Broadening the “Totality-of-the-Circumstances” Shield—Qualified Immunity for Split-Second Deadly-Force Decisions 1. Introduction The United States Court of Appeals for the Eleventh...
Requiring Impartial Planning Board Review in Municipal De-annexation Petitions: Commentary on Donald Whiteman v. Township Council of Berkeley Township

Requiring Impartial Planning Board Review in Municipal De-annexation Petitions: Commentary on Donald Whiteman v. Township Council of Berkeley Township

Date: Jul 11, 2025
Requiring Impartial Planning Board Review in Municipal De-annexation Petitions: A Commentary on Donald Whiteman v. Township Council of Berkeley Township (2025) 1. Introduction The Supreme Court of...
“All Regional Centers Must Pay” – The Sunshine State Precedent on the EB-5 Integrity Fund Fee

“All Regional Centers Must Pay” – The Sunshine State Precedent on the EB-5 Integrity Fund Fee

Date: Jul 11, 2025
“All Regional Centers Must Pay” – The Sunshine State Precedent on the EB-5 Integrity Fund Fee Introduction In Sunshine State Regional Center, Inc. v. Director, USCIS, the United States Court of...
From “Proximate Cause” to “Contributory Nexus”: Shepherd v. Rhode Island State Police and the Re-Calibration of Heart-Attack Disability Pensions

From “Proximate Cause” to “Contributory Nexus”: Shepherd v. Rhode Island State Police and the Re-Calibration of Heart-Attack Disability Pensions

Date: Jul 11, 2025
From “Proximate Cause” to “Contributory Nexus”: Shepherd v. Rhode Island State Police and the Re-Calibration of Heart-Attack Disability Pensions 1. Introduction Shepherd v. Rhode Island State Police,...
Fourth Circuit Narrows Expert-Confidentiality Disqualification and Defines the “Country Charge” Rule: Commentary on Brainchild Surgical Devices, LLC v. CPA Global Ltd. (4th Cir. 2025)

Fourth Circuit Narrows Expert-Confidentiality Disqualification and Defines the “Country Charge” Rule: Commentary on Brainchild Surgical Devices, LLC v. CPA Global Ltd. (4th Cir. 2025)

Date: Jul 10, 2025
Fourth Circuit Narrows Expert-Confidentiality Disqualification and Defines the “Country Charge” Rule Commentary on Brainchild Surgical Devices, LLC v. CPA Global Ltd., 90 F.4th 212 (4th Cir. 2025) I....
“Walking-Away” Can Cost You: Fourth Circuit Clarifies Apparent-Authority Settlement Enforcement and the Impossibility of Voiding Accurate NPDB Reports

“Walking-Away” Can Cost You: Fourth Circuit Clarifies Apparent-Authority Settlement Enforcement and the Impossibility of Voiding Accurate NPDB Reports

Date: Jul 10, 2025
“Walking-Away” Can Cost You: Fourth Circuit Clarifies Apparent-Authority Settlement Enforcement and the Impossibility of Voiding Accurate NPDB Reports Introduction Roland Chalifoux, Jr. v. Wetzel...
United States v. Gray: Appellate Deference to District-Court Findings on Bureau-of-Prisons Medical Capability in Supervised-Release Revocations

United States v. Gray: Appellate Deference to District-Court Findings on Bureau-of-Prisons Medical Capability in Supervised-Release Revocations

Date: Jul 10, 2025
United States v. Gray: Appellate Deference to District-Court Findings on Bureau-of-Prisons Medical Capability in Supervised-Release Revocations Introduction In United States v. Christopher Kirk Gray,...
United States v. Johnson: Sentencing Disparity Recognized as a Stand-Alone “Extraordinary and Compelling” Ground for Compassionate Release

United States v. Johnson: Sentencing Disparity Recognized as a Stand-Alone “Extraordinary and Compelling” Ground for Compassionate Release

Date: Jul 10, 2025
United States v. Johnson: Sentencing Disparity Recognized as a Stand-Alone “Extraordinary and Compelling” Ground for Compassionate Release Introduction United States v. Shaheem Johnson, No. 23-6896...

“From Investigation to Adjudication” – 10th Circuit Holds Temporary-Custody Hearings Are Judicial Proceedings Conferring Absolute Testimonial Immunity on Caseworkers   (Berryman v. Niceta, 2025)

“From Investigation to Adjudication” – 10th Circuit Holds Temporary-Custody Hearings Are Judicial Proceedings Conferring Absolute Testimonial Immunity on Caseworkers (Berryman v. Niceta, 2025)

Date: Jul 10, 2025
“From Investigation to Adjudication” – 10th Circuit Holds Temporary-Custody Hearings Are Judicial Proceedings Conferring Absolute Testimonial Immunity on Caseworkers Commentary on Berryman v. Niceta,...
Arguable Probable Cause Shields Officers from First-Amendment Retaliatory Arrest Liability – A Commentary on Detreville v. Gurevich (10th Cir. 2025)

Arguable Probable Cause Shields Officers from First-Amendment Retaliatory Arrest Liability – A Commentary on Detreville v. Gurevich (10th Cir. 2025)

Date: Jul 10, 2025
Arguable Probable Cause Shields Officers from First-Amendment Retaliatory Arrest Liability Comprehensive Commentary on Detreville v. Gurevich, 91 F.4th ___ (10th Cir. 2025) 1. Introduction In...
Affidavits Aren’t Enough: Herrera-Ramirez v. Bondi and the Evidentiary Threshold for Motions to Reopen

Affidavits Aren’t Enough: Herrera-Ramirez v. Bondi and the Evidentiary Threshold for Motions to Reopen

Date: Jul 10, 2025
Affidavits Aren’t Enough: Herrera-Ramirez v. Bondi and the Evidentiary Threshold for Motions to Reopen Introduction Herrera-Ramirez v. Bondi, No. 24-9549 (10th Cir. Jul. 8, 2025), marks an important...
The “Eight-Second Qualified-Immunity Gap”:  Salgado v. Smith and the Limits of Clearly Established Excessive-Force Claims

The “Eight-Second Qualified-Immunity Gap”: Salgado v. Smith and the Limits of Clearly Established Excessive-Force Claims

Date: Jul 10, 2025
The “Eight-Second Qualified-Immunity Gap”: Salgado v. Smith and the Limits of Clearly Established Excessive-Force Claims Introduction Salgado v. Smith, No. 24-2068 (10th Cir. July 8, 2025), arises...
Stark v. Reliance Standard – Tenth Circuit Bars Recovery of Pre-Litigation Administrative Attorney’s Fees under ERISA § 502(a)(3)

Stark v. Reliance Standard – Tenth Circuit Bars Recovery of Pre-Litigation Administrative Attorney’s Fees under ERISA § 502(a)(3)

Date: Jul 10, 2025
Stark v. Reliance Standard Life Insurance Co. Tenth Circuit Declines Equitable Surcharge for Pre-Litigation Attorney’s Fees under ERISA § 502(a)(3) 1. Introduction Stark v. Reliance Standard Life...
United States v. Kroeker: Tenth Circuit Confirms Internet Use Alone Does Not Prove “In Interstate Commerce” for § 2252A(a)(5)(B) Possession and Sanctions Jury Use of Dost Factors

United States v. Kroeker: Tenth Circuit Confirms Internet Use Alone Does Not Prove “In Interstate Commerce” for § 2252A(a)(5)(B) Possession and Sanctions Jury Use of Dost Factors

Date: Jul 10, 2025
United States v. Kroeker: Tenth Circuit Confirms Internet Use Alone Does Not Prove “In Interstate Commerce” for § 2252A(a)(5)(B) Possession and Sanctions Jury Use of Dost Factors Introduction United...
“Clarifying Appeal Waivers After United States v. Medina” – A Comprehensive Commentary

“Clarifying Appeal Waivers After United States v. Medina” – A Comprehensive Commentary

Date: Jul 10, 2025
Clarifying Appeal Waivers: The Tenth Circuit’s Refined Hahn Framework in United States v. Medina Introduction On 8 July 2025, the United States Court of Appeals for the Tenth Circuit issued an...
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