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

“Adverse Rulings ≠ Bias” – The Third Circuit Re-Affirms Strict Standards for Judicial Recusal and Endorses Robust District‐Court Power to Curb Vexatious Litigation

“Adverse Rulings ≠ Bias” – The Third Circuit Re-Affirms Strict Standards for Judicial Recusal and Endorses Robust District‐Court Power to Curb Vexatious Litigation

Date: Jun 18, 2025
“Adverse Rulings ≠ Bias” – The Third Circuit Re-Affirms Strict Standards for Judicial Recusal and Endorses Robust District‐Court Power to Curb Vexatious Litigation Introduction The consolidated...
Affirming Consumer-Level Limitation-of-Liability Clauses: Commentary on Marie Lamb v. CVS Pharmacy LLC

Affirming Consumer-Level Limitation-of-Liability Clauses: Commentary on Marie Lamb v. CVS Pharmacy LLC

Date: Jun 18, 2025
Affirming Consumer-Level Limitation-of-Liability Clauses: Marie Lamb v. CVS Pharmacy LLC (3d Cir. 2025) Introduction In Marie Lamb v. CVS Pharmacy LLC, the United States Court of Appeals for the...
Gorrio v. Francis: Third Circuit Declares Blanket Discovery Bans Unlawful but Requires Prejudice for Relief

Gorrio v. Francis: Third Circuit Declares Blanket Discovery Bans Unlawful but Requires Prejudice for Relief

Date: Jun 18, 2025
Gorrio v. Francis: Third Circuit Declares Blanket Discovery Bans Unlawful but Requires Prejudice for Relief 1. Introduction In Michael Gorrio v. Francis, No. 24-1711 (3d Cir. 2025), the United States...
“From Passive to Active”: Anderson v. Estrada and the Fifth Circuit’s Refined Test for Active Resistance and Drive-Stun Taser Use

“From Passive to Active”: Anderson v. Estrada and the Fifth Circuit’s Refined Test for Active Resistance and Drive-Stun Taser Use

Date: Jun 18, 2025
“From Passive to Active”: Anderson v. Estrada and the Fifth Circuit’s Refined Test for Active Resistance and Drive-Stun Taser Use Introduction Anderson v. Estrada, No. 24-20142 (5th Cir. June 13...
“Objective-Verifiability” as a Threshold for §1681i Claims: A Commentary on Reyes v. Equifax (5th Cir. 2025)

“Objective-Verifiability” as a Threshold for §1681i Claims: A Commentary on Reyes v. Equifax (5th Cir. 2025)

Date: Jun 18, 2025
“Objective-Verifiability” as a Threshold for §1681i Claims: A Commentary on Reyes v. Equifax (5th Cir. 2025) 1. Introduction In Reyes v. Equifax Information Services, L.L.C., the United States Court...
United States v. Sanchez: Reaffirming Firearm Prohibitions for Presently-Intoxicated Controlled-Substance Users

United States v. Sanchez: Reaffirming Firearm Prohibitions for Presently-Intoxicated Controlled-Substance Users

Date: Jun 18, 2025
United States v. Sanchez: Reaffirming Firearm Prohibitions for Presently-Intoxicated Controlled-Substance Users 1. Introduction United States v. Sanchez, No. 23-50293 (5th Cir. June 13, 2025) is a...
Yanez v. Dish Network: Fifth Circuit Abrogates the “Alford Exception” and Restricts Dismissals of Cases Stayed for Arbitration

Yanez v. Dish Network: Fifth Circuit Abrogates the “Alford Exception” and Restricts Dismissals of Cases Stayed for Arbitration

Date: Jun 18, 2025
Yanez v. Dish Network: Fifth Circuit Abrogates the “Alford Exception” and Restricts Dismissals of Cases Stayed for Arbitration Introduction In Yanez v. Dish Network, L.L.C., No. 24-50580 (5th Cir....
“More Than the Missing Blanks”: The Fourth Circuit Reinforces an ALJ’s Duty to Explain Reliance on Claimant Forms in Black-Lung Cases (Juanita Cavendish v. DOWCP)

“More Than the Missing Blanks”: The Fourth Circuit Reinforces an ALJ’s Duty to Explain Reliance on Claimant Forms in Black-Lung Cases (Juanita Cavendish v. DOWCP)

Date: Jun 18, 2025
“More Than the Missing Blanks”: The Fourth Circuit Reinforces an ALJ’s Duty to Explain Reliance on Claimant Forms in Black-Lung Cases Commentary on Juanita Cavendish v. Director, OWCP (4th Cir. 2025)...
“Undisputed Disability” – Fourth Circuit Confirms Summary Judgment Standard in ERISA Benefit Disputes (Rebecca Wonsang v. Reliance Standard Life Insurance Co.)

“Undisputed Disability” – Fourth Circuit Confirms Summary Judgment Standard in ERISA Benefit Disputes (Rebecca Wonsang v. Reliance Standard Life Insurance Co.)

Date: Jun 18, 2025
“Undisputed Disability” – Fourth Circuit Confirms Summary Judgment Standard in ERISA Benefit Disputes Commentary on Rebecca Wonsang v. Reliance Standard Life Insurance Company, No. 24-1419 (4th Cir....
“Due To” Means “Because Of”: The Fourth Circuit’s But-For Causation Test for ERISA Limitation Clauses in Penland v. Metropolitan Life

“Due To” Means “Because Of”: The Fourth Circuit’s But-For Causation Test for ERISA Limitation Clauses in Penland v. Metropolitan Life

Date: Jun 18, 2025
“Due To” Means “Because Of”: The Fourth Circuit’s But-For Causation Test for ERISA Limitation Clauses in Penland v. Metropolitan Life Introduction In Tracy Penland v. Metropolitan Life Insurance...
“Purely Expressive Union Advocacy” Doctrine: Fourth Circuit Shields Peaceful Union Speech from § 158(b)(4) Liability and State-Law Defamation

“Purely Expressive Union Advocacy” Doctrine: Fourth Circuit Shields Peaceful Union Speech from § 158(b)(4) Liability and State-Law Defamation

Date: Jun 18, 2025
“Purely Expressive Union Advocacy” Doctrine: Fourth Circuit Shields Peaceful Union Speech from § 158(b)(4) Liability and State-Law Defamation Introduction WG/Welch Mechanical Contractors, LLC...
Propensity Evidence Re-Invigorated: The Second Circuit Affirms Expansive Use of Federal Rules 413-415 and Narrow Review of Evidentiary Rulings

Propensity Evidence Re-Invigorated: The Second Circuit Affirms Expansive Use of Federal Rules 413-415 and Narrow Review of Evidentiary Rulings

Date: Jun 18, 2025
Propensity Evidence Re-Invigorated: The Second Circuit Affirms Expansive Use of Federal Rules 413-415 and Narrow Review of Evidentiary Rulings Introduction The consolidated opinions in Carroll v....
“Clear-Error” Becomes the Governing Appellate Standard for Hardship Findings: A Commentary on Toalombo Yanez v. Bondi

“Clear-Error” Becomes the Governing Appellate Standard for Hardship Findings: A Commentary on Toalombo Yanez v. Bondi

Date: Jun 18, 2025
“Clear-Error” Becomes the Governing Appellate Standard for Hardship Findings: A Commentary on Toalombo Yanez v. Bondi 1. Introduction On 13 June 2025, the United States Court of Appeals for the...
Acosta v. Acting Commissioner of Social Security: Curtailing Post-Hearing Job-Numbers Challenges and Clarifying Harmless Error for DOT Conflicts

Acosta v. Acting Commissioner of Social Security: Curtailing Post-Hearing Job-Numbers Challenges and Clarifying Harmless Error for DOT Conflicts

Date: Jun 18, 2025
Acosta v. Acting Commissioner of Social Security: Curtailing Post-Hearing Job-Numbers Challenges and Clarifying Harmless Error for DOT Conflicts Introduction In Dorys Acosta v. Acting Commissioner of...
Restitution Orders as Prima Facie Proof of the $10,000-Loss Threshold in Aggravated-Felony Removal Cases: Comment on Manuel Labrada v. U.S. Attorney General (11th Cir. 2025)

Restitution Orders as Prima Facie Proof of the $10,000-Loss Threshold in Aggravated-Felony Removal Cases: Comment on Manuel Labrada v. U.S. Attorney General (11th Cir. 2025)

Date: Jun 18, 2025
Restitution Orders as Prima Facie Proof of the $10,000-Loss Threshold in Aggravated-Felony Removal Cases Commentary on Manuel Labrada v. U.S. Attorney General, 11th Cir., 13 June 2025 1. Introduction...

        “Made-In” Markings as Independent Proof of Interstate Nexus & Flexible Rule-16 Sanctions – Commentary on United States v. Isaac Alvarez (11th Cir. 2025)

“Made-In” Markings as Independent Proof of Interstate Nexus & Flexible Rule-16 Sanctions – Commentary on United States v. Isaac Alvarez (11th Cir. 2025)

Date: Jun 18, 2025
“Made-In” Markings as Independent Proof of Interstate Nexus & Flexible Rule-16 Sanctions Commentary on United States v. Isaac Alvarez, No. 23-12286 (11th Cir. June 13, 2025) (unpublished) 1....
“Report-First” Requirement Reaffirmed: Castanon Bamaca v. Bondi and the Government-Unwillingness Standard in Private-Actor Persecution Claims

“Report-First” Requirement Reaffirmed: Castanon Bamaca v. Bondi and the Government-Unwillingness Standard in Private-Actor Persecution Claims

Date: Jun 18, 2025
“Report-First” Requirement Reaffirmed: Castanon Bamaca v. Bondi and the Government-Unwillingness Standard in Private-Actor Persecution Claims Introduction Castanon Bamaca v. Bondi (6th Cir. 2025)...
“Continuation Isn’t Change” – Sixth Circuit Clarifies Post-Loper Bright Review of BIA Motions to Reopen

“Continuation Isn’t Change” – Sixth Circuit Clarifies Post-Loper Bright Review of BIA Motions to Reopen

Date: Jun 18, 2025
“Continuation Isn’t Change” – Sixth Circuit Clarifies Post-Loper Bright Review of BIA Motions to Reopen Introduction In Raed Zakariya v. Pamela Bondi, Case No. 24-4082 (6th Cir. June 13, 2025), the...
Refusal to Accept COVID-19 Vaccination Precludes Compassionate Release Under Amended Guideline § 1B1.13 – A Commentary on United States v. Marcus Pryor

Refusal to Accept COVID-19 Vaccination Precludes Compassionate Release Under Amended Guideline § 1B1.13 – A Commentary on United States v. Marcus Pryor

Date: Jun 18, 2025
Refusal to Accept COVID-19 Vaccination Precludes Compassionate Release Under Amended Guideline § 1B1.13 Comprehensive Commentary on United States v. Marcus Pryor, 6th Cir. (June 13 2025) I....
United States v. Smith: Sixth Circuit Reasserts Deferential Review and District-Court Discretion in Retroactive Amendment 821 Sentence Reductions

United States v. Smith: Sixth Circuit Reasserts Deferential Review and District-Court Discretion in Retroactive Amendment 821 Sentence Reductions

Date: Jun 18, 2025
United States v. Smith: Sixth Circuit Reasserts Deferential Review and District-Court Discretion in Retroactive Amendment 821 Sentence Reductions Introduction United States v. Odell P. Smith, Jr....
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