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

Supervisory Control Denied Absent a Developed Record; Pretrial Subpoenas of Child Victims to Test Waiver Are Unreasonable Under Montana’s Victim‑Advocate Privilege

Date: Sep 10, 2025

Supervisory Control Denied Absent a Developed Record; Pretrial Subpoenas of Child Victims to Test Waiver Are Unreasonable Under Montana’s Victim‑Advocate Privilege Case: A. Burch v. Twentieth...

Quiet Title Act Exclusivity Forecloses APA/DJA Routes for Split‑Estate Subsurface Traversal Disputes: Commentary on True Oil, LLC v. Bureau of Land Management (10th Cir. 2025)

Date: Sep 10, 2025

Quiet Title Act Exclusivity Forecloses APA/DJA Routes for Split‑Estate Subsurface Traversal Disputes: Commentary on True Oil, LLC v. Bureau of Land Management (10th Cir. 2025) Introduction In True...

Footnotes Don’t Preserve Arguments: Second Circuit’s Waiver Ruling on Grokster-Based “Right and Ability to Control” under DMCA §512(c) in Capitol Records v. Vimeo (Rehearing)

Date: Sep 10, 2025

Footnotes Don’t Preserve Arguments: Second Circuit’s Waiver Ruling on Grokster-Based “Right and Ability to Control” under DMCA §512(c) in Capitol Records v. Vimeo (Rehearing) Introduction This...

Applying Maiorana, the Second Circuit Confirms Incorporation-by-Reference of Supervised-Release Conditions and Upholds Broad Reasonable-Suspicion Search Condition: United States v. Gomez

Date: Sep 10, 2025

Applying Maiorana, the Second Circuit Confirms Incorporation-by-Reference of Supervised-Release Conditions and Upholds Broad Reasonable-Suspicion Search Condition: United States v. Gomez Introduction...

State v. Shewalter: Continuous Officer‑Documented Noncompliance Can Extinguish All Elapsed “Street Time”; Detention Credit Is Mandatory and Must Be Precisely Calculated

Date: Sep 10, 2025

State v. Shewalter: Continuous Officer‑Documented Noncompliance Can Extinguish All Elapsed “Street Time”; Detention Credit Is Mandatory and Must Be Precisely Calculated Introduction In State v....

State v. Arvidson: Montana Supreme Court Narrows Direct Appellate Review of Ineffective Assistance to “Rare Instances” and Reaffirms the Oral‑Pronouncement Rule

Date: Sep 10, 2025

State v. Arvidson: Limiting Direct IAC Review to “Rare Instances” and Enforcing the Oral‑Pronouncement Rule Introduction In State v. Arvidson, 2025 MT 200, the Montana Supreme Court addressed two...

Non‑Signatory Client Can Compel Arbitration When a Contractor’s Agreement Incorporates the Client’s MSA and the Worker Assumes the Contractor’s Obligations

Date: Sep 10, 2025

Non‑Signatory Client Can Compel Arbitration When a Contractor’s Agreement Incorporates the Client’s MSA and the Worker Assumes the Contractor’s Obligations Introduction In Ford v. ConocoPhillips, the...

Summary Dissociation by Unanimous Vote Under § 35-8-803(1)(e)(i), MCA Includes Conduct That Would Force Fiduciary Breaches; Fair-Value Buyouts Must Consider Going-Concern Value

Date: Sep 10, 2025

Summary Dissociation by Unanimous Vote Under § 35-8-803(1)(e)(i), MCA Includes Conduct That Would Force Fiduciary Breaches; Fair-Value Buyouts Must Consider Going-Concern Value Introduction In Hebert...

Reaffirming Montana’s Postconviction Limits: Claims Raised or Raisable on Direct Appeal Are Barred; Probable Cause Defects Do Not Affect Subject-Matter Jurisdiction

Date: Sep 10, 2025

Reaffirming Montana’s Postconviction Limits: Claims Raised or Raisable on Direct Appeal Are Barred; Probable Cause Defects Do Not Affect Subject-Matter Jurisdiction Introduction In C. Hardy v. State,...

Bailey’s Spatial Constraint Does Not Bar a Probation Officer from Directing a Supervised-Releasee Home During Execution of a Residential Warrant

Date: Sep 10, 2025

Bailey’s Spatial Constraint Does Not Bar a Probation Officer from Directing a Supervised-Releasee Home During Execution of a Residential Warrant Introduction In United States v. Matthew Scott Rocco,...

Commissary Purchases as Evidence of Sincerity: Eleventh Circuit Affirms Qualified Immunity for Removing Inmate from Religious Vegan Diet; Denial of Vegan Shoes/Commissary Not a RLUIPA “Substantial Burden”; Reenrollment Moors Injunctive Relief

Date: Sep 10, 2025

Commissary Purchases as Evidence of Sincerity: Eleventh Circuit Affirms Qualified Immunity for Removing Inmate from Religious Vegan Diet; Denial of Vegan Shoes/Commissary Not a RLUIPA “Substantial...

Timing and Audience as “Guardrails” for Political Purpose: Tenth Circuit Upholds New Mexico’s Pre‑Election Donor Disclosure for Mention‑Only Ads

Date: Sep 10, 2025

Timing and Audience as “Guardrails” for Political Purpose: Tenth Circuit Upholds New Mexico’s Pre‑Election Donor Disclosure for Mention‑Only Ads Introduction In Rio Grande Foundation v. Oliver, the...

Medication Conditions Are Ripe When Tethered to an Unsupported Mandatory Treatment Condition: Fifth Circuit Vacates Mental-Health Special Conditions for Lack of Record Support

Date: Sep 10, 2025

Medication Conditions Are Ripe When Tethered to an Unsupported Mandatory Treatment Condition: Fifth Circuit Vacates Mental-Health Special Conditions for Lack of Record Support Introduction In United...

No Shortcuts to Sovereign Immunity: Nebraska Supreme Court Requires a Developed Record Before Applying PSTCA Due Care or Discretionary Function Immunity at the Pleadings Stage

Date: Sep 9, 2025

No Shortcuts to Sovereign Immunity: Nebraska Supreme Court Requires a Developed Record Before Applying PSTCA Due Care or Discretionary Function Immunity at the Pleadings Stage Introduction In Larsen...

Permanent Waiver of Statutory Speedy-Trial Rights After an Unsuccessful Discharge Motion and Interlocutory Appeal: Commentary on State v. Parks, 319 Neb. 773 (Neb. 2025)

Date: Sep 9, 2025

Permanent Waiver of Statutory Speedy-Trial Rights After an Unsuccessful Discharge Motion and Interlocutory Appeal: State v. Parks (319 Neb. 773) Introduction In State v. Parks, 319 Neb. 773 (Neb....

Post‑Offer Interest Applies to Punitive Damages; “Genuine Dispute” Folded into Nevada Bad‑Faith Standard and May Defeat Refusal‑to‑Defend Claims; Unfair Insurance Practices Liability Limited to Insurers — Commentary on Olson v. Mid‑Century Ins. Co. (Nev. 2025)

Date: Sep 9, 2025

Post‑Offer Interest Applies to Punitive Damages; “Genuine Dispute” Folded into Nevada Bad‑Faith Standard and May Defeat Refusal‑to‑Defend Claims; Unfair Insurance Practices Liability Limited to...

Mandatory Forfeiture of Unlicensed Food-Vending Vehicles Triggers Excessive Fines Scrutiny: City of New York v. Jones (2025)

Date: Sep 9, 2025

Mandatory Forfeiture of Unlicensed Food-Vending Vehicles Triggers Excessive Fines Scrutiny: City of New York v. Jones (2025) Introduction City of New York v. Jones (2025 NY Slip Op 04842) is a...

Defective Dolly + Heavy Load = Scaffold Law Liability: Hernandez v. Port Authority (1st Dept 2025) solidifies §240(1) for low-height, high-weight tip-overs and clarifies “arising out of” indemnity and borrowed-equipment exposure

Date: Sep 9, 2025

Defective Dolly + Heavy Load = Scaffold Law Liability Hernandez v. Port Authority of N.Y. & N.J. (2025 NY Slip Op 04843) Introduction In Hernandez v. Port Authority of N.Y. & N.J., the Appellate...

Usury as Malpractice: Drafting Facially Usurious Forbearance Terms Is Negligence; Estoppel Does Not Cure, but Mitigation Fees Are Recoverable

Date: Sep 9, 2025

Usury as Malpractice: Drafting Facially Usurious Forbearance Terms Is Negligence; Estoppel Does Not Cure, but Mitigation Fees Are Recoverable Case: Salamone v. Deily & Glastetter, LLP, 2025 NY Slip...

“Spam Folder” Is Not a Defense: Email Notice, EUO Admissions, and Noncompliance as Independent Bases for Interim Suspension under 22 NYCRR § 1240.9 — Matter of Wells (2025)

Date: Sep 9, 2025

“Spam Folder” Is Not a Defense: Email Notice, EUO Admissions, and Noncompliance as Independent Bases for Interim Suspension under 22 NYCRR § 1240.9 — Matter of Wells (2025) Introduction In Matter of...

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