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  • Commentaries
  • Judgments

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

United States v. Grady: Clarifying “Minimal Indicia of Reliability” and the Sliding-Scale Test for Relevant Conduct under U.S.S.G. § 2K2.1(b)(6)(B)

United States v. Grady: Clarifying “Minimal Indicia of Reliability” and the Sliding-Scale Test for Relevant Conduct under U.S.S.G. § 2K2.1(b)(6)(B)

Date: Jun 18, 2025
United States v. Grady: Clarifying “Minimal Indicia of Reliability” and the Sliding-Scale Test for Relevant Conduct under U.S.S.G. § 2K2.1(b)(6)(B) Introduction In United States v. Zacquon D. Grady,...
Herman v. Sig Sauer: The Tenth Circuit Re-Affirms a Strict Factual-Basis Requirement for Expert Causation Testimony under Rule 702/Daubert in Firearms Design-Defect Litigation

Herman v. Sig Sauer: The Tenth Circuit Re-Affirms a Strict Factual-Basis Requirement for Expert Causation Testimony under Rule 702/Daubert in Firearms Design-Defect Litigation

Date: Jun 18, 2025
Herman v. Sig Sauer: The Tenth Circuit Re-Affirms a Strict Factual-Basis Requirement for Expert Causation Testimony under Rule 702/Daubert in Firearms Design-Defect Litigation Introduction Herman v....
“Requiring a Straight Line” – Ratfield v. USDTL and the Seventh Circuit’s Clarification of Proximate Cause in Civil RICO Litigation

“Requiring a Straight Line” – Ratfield v. USDTL and the Seventh Circuit’s Clarification of Proximate Cause in Civil RICO Litigation

Date: Jun 18, 2025
“Requiring a Straight Line” – Ratfield v. United States Drug Testing Laboratories, Inc. A Seventh Circuit Clarification of Proximate Cause and Direct Injury under Civil RICO Introduction Andrea...
“No-Piggyback Appeals”: Seventh Circuit Bars Intervenor Standing When the Enjoined Party Declines to Appeal

“No-Piggyback Appeals”: Seventh Circuit Bars Intervenor Standing When the Enjoined Party Declines to Appeal

Date: Jun 18, 2025
“No-Piggyback Appeals”: Seventh Circuit Bars Intervenor Standing When the Enjoined Party Declines to Appeal Introduction Cellco Partnership, doing business as Verizon Wireless (“Verizon”), sought...

        When Rooker-Feldman Stops and Younger Begins:
        Seventh Circuit Holds Foreclosure Judgments Not Yet “Final” 
        Bar Federal Intervention Only Through Younger Abstention

When Rooker-Feldman Stops and Younger Begins: Seventh Circuit Holds Foreclosure Judgments Not Yet “Final” Bar Federal Intervention Only Through Younger Abstention

Date: Jun 18, 2025
When Rooker-Feldman Stops and Younger Begins: Seventh Circuit Clarifies Federal-State Jurisdictional Boundaries in Durga Property Holdings, Inc. v. City of Effingham Introduction The United States...

Scolman v. LaVoie (7th Cir. 2025): Clarifying the Boundary Between Professional Judgment and Deliberate Indifference & the Standard for Appointing Counsel to Pro Se Prisoners

Scolman v. LaVoie (7th Cir. 2025): Clarifying the Boundary Between Professional Judgment and Deliberate Indifference & the Standard for Appointing Counsel to Pro Se Prisoners

Date: Jun 18, 2025
Clarifying the Boundary Between Professional Judgment and Deliberate Indifference & the Standard for Appointing Counsel to Pro Se Prisoners: Commentary on Joshua Scolman v. Daniel LaVoie, 7th Cir....
Reaffirming the “Actual-Knowledge” and Personal-Involvement Requirements in §1983 Failure-to-Protect Litigation – A Commentary on Gibson v. Donaldson (7th Cir. 2025)

Reaffirming the “Actual-Knowledge” and Personal-Involvement Requirements in §1983 Failure-to-Protect Litigation – A Commentary on Gibson v. Donaldson (7th Cir. 2025)

Date: Jun 18, 2025
Reaffirming the “Actual-Knowledge” and Personal-Involvement Requirements in §1983 Failure-to-Protect Litigation – A Commentary on Gibson v. Donaldson (7th Cir. 2025) 1. Introduction The Seventh...
United States v. Zanders – Clarifying the Limited Reach of Drug-Quantity Stipulations and the Continued Strength of Appeal Waivers

United States v. Zanders – Clarifying the Limited Reach of Drug-Quantity Stipulations and the Continued Strength of Appeal Waivers

Date: Jun 18, 2025
United States v. Zanders – Clarifying the Limited Reach of Drug-Quantity Stipulations and the Continued Strength of Appeal Waivers 1. Introduction United States v. Vorheese D. Zanders, No. 24-2087,...
“Enforce” vs. “Defend” & the Survival of Post-Termination Duties: A Commentary on Price v. Scharf Trucking

“Enforce” vs. “Defend” & the Survival of Post-Termination Duties: A Commentary on Price v. Scharf Trucking

Date: Jun 18, 2025
“Enforce” vs. “Defend” & the Survival of Post-Termination Duties: Seventh Circuit Clarifies Contractual Fee-Shifting and Reclamation Deadlines in Price v. Scharf Trucking 1. Introduction The Seventh...
“Enforcement, Not Defence”:  Seventh Circuit Restricts Fee-Shifting and Treats Post-Termination Reclamation as a Continuing Obligation ― Commentary on William Price v. Carri Scharf Trucking, Inc.

“Enforcement, Not Defence”: Seventh Circuit Restricts Fee-Shifting and Treats Post-Termination Reclamation as a Continuing Obligation ― Commentary on William Price v. Carri Scharf Trucking, Inc.

Date: Jun 18, 2025
“Enforcement, Not Defence”: Seventh Circuit Restricts Fee-Shifting and Treats Post-Termination Reclamation as a Continuing Obligation ― Commentary on William Price v. Carri Scharf Trucking, Inc....
“Successful Enforcement” and Continuing Post-Termination Duties:
            The Seventh Circuit’s Dual Clarifications in William Price v. Carri Scharf Trucking, Inc.

“Successful Enforcement” and Continuing Post-Termination Duties: The Seventh Circuit’s Dual Clarifications in William Price v. Carri Scharf Trucking, Inc.

Date: Jun 18, 2025
“Successful Enforcement” and Continuing Post-Termination Duties: The Seventh Circuit’s Dual Clarifications in William Price v. Carri Scharf Trucking, Inc. 1. Introduction The Seventh Circuit’s 2025...
When Continuing Obligations Outlive the Contract and Fee-Shifting Requires Affirmative Enforcement – A Commentary on William Price v. Carri Scharf Trucking, Inc.

When Continuing Obligations Outlive the Contract and Fee-Shifting Requires Affirmative Enforcement – A Commentary on William Price v. Carri Scharf Trucking, Inc.

Date: Jun 18, 2025
When Continuing Obligations Outlive the Contract and Fee-Shifting Requires Affirmative Enforcement Comprehensive Commentary on William Price v. Carri Scharf Trucking, Inc., 7th Cir., 13 June 2025 1....
The Oliveras-Villafañe Doctrine: Waiver on Appeal Where an Alternative Ground Goes Unchallenged

The Oliveras-Villafañe Doctrine: Waiver on Appeal Where an Alternative Ground Goes Unchallenged

Date: Jun 18, 2025
The Oliveras-Villafañe Doctrine: Waiver on Appeal Where an Alternative Ground Goes Unchallenged 1. Introduction Oliveras-Villafañe v. Baxter Healthcare SA, decided by the United States Court of...
From “Drowning Machines” to Duty of Care: Iowa Supreme Court Narrows Qualified Immunity and Re-defines Public-Duty Limits for Recreational Water-Trail Claims

From “Drowning Machines” to Duty of Care: Iowa Supreme Court Narrows Qualified Immunity and Re-defines Public-Duty Limits for Recreational Water-Trail Claims

Date: Jun 18, 2025
From “Drowning Machines” to Duty of Care: Iowa Supreme Court Narrows Qualified Immunity and Re-defines Public-Duty Limits for Recreational Water-Trail Claims 1. Introduction In Estate of Kahn &...
Lucas v. Warhol: Due-Process Boundaries on Alternative Service & “Good-Cause” Extensions When a Defendant Has No Fixed Address

Lucas v. Warhol: Due-Process Boundaries on Alternative Service & “Good-Cause” Extensions When a Defendant Has No Fixed Address

Date: Jun 18, 2025
Lucas v. Warhol: Due-Process Boundaries on Alternative Service & “Good-Cause” Extensions When a Defendant Has No Fixed Address 1. Introduction Rhonda C. Lucas sued Peter J. Warhol for injuries...
Iowa Supreme Court Revives Warrantless “Trash Pulls”: The Constitutional Validation of Iowa Code § 808.16(3) in State v. Amble & Mandracchia

Iowa Supreme Court Revives Warrantless “Trash Pulls”: The Constitutional Validation of Iowa Code § 808.16(3) in State v. Amble & Mandracchia

Date: Jun 18, 2025
Iowa Supreme Court Revives Warrantless “Trash Pulls” The Constitutional Validation of Iowa Code § 808.16(3) in State v. Amble & Mandracchia Introduction The Supreme Court of Iowa’s decision in State...
From “Suicide Rule” to “Foreseeability Test” — Nevada Affirms Potential Liability of Health-Care Providers for a Patient’s Post-Treatment Suicide

From “Suicide Rule” to “Foreseeability Test” — Nevada Affirms Potential Liability of Health-Care Providers for a Patient’s Post-Treatment Suicide

Date: Jun 18, 2025
From “Suicide Rule” to “Foreseeability Test”: Nevada Affirms Potential Liability of Health-Care Providers for a Patient’s Post-Treatment Suicide 1. Introduction In Bourne v. Valdes, 141 Nev., Advance...
Clark County v. District Court (Eggleston): Establishing Interlocutory Mandamus Review of Immunity Denials and Clarifying Social-Worker Qualified & Discretionary-Act Immunity

Clark County v. District Court (Eggleston): Establishing Interlocutory Mandamus Review of Immunity Denials and Clarifying Social-Worker Qualified & Discretionary-Act Immunity

Date: Jun 18, 2025
Clark County v. District Court (Eggleston): Interlocutory Mandamus Review Recognised for Immunity Denials and the Scope of Social-Worker Immunities in Parental-Rights Investigations Introduction The...
Nevada Supreme Court Authorizes No-Contest Pleas in Child-Dependency Cases – Commentary on In re A.T., 141 Nev., Adv. Op. 32 (2025)

Nevada Supreme Court Authorizes No-Contest Pleas in Child-Dependency Cases – Commentary on In re A.T., 141 Nev., Adv. Op. 32 (2025)

Date: Jun 18, 2025
Nevada Supreme Court Authorizes No-Contest Pleas in Child-Dependency Cases Commentary on In re A.T., a Minor, 141 Nev., Advance Opinion 32 (2025) 1. Introduction The Supreme Court of Nevada, sitting...
United Healthcare v. Fremont Emergency (Nev. 2025): Recognising Unjust-Enrichment Recovery for EMTALA Providers and Re-setting the Limits on Punitive Damages

United Healthcare v. Fremont Emergency (Nev. 2025): Recognising Unjust-Enrichment Recovery for EMTALA Providers and Re-setting the Limits on Punitive Damages

Date: Jun 18, 2025
United Healthcare v. Fremont Emergency (Mandavia), Ltd. New Nevada Precedent: Emergency-room providers lacking a contract may sue insurers for unjust enrichment, but not for implied-in-fact contract...
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