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

“Beyond Unfair-Labor-Practice Allegations” – The Supreme Court of Ohio Re-defines the Boundary Between SERB and Common Pleas Court Jurisdiction

“Beyond Unfair-Labor-Practice Allegations” – The Supreme Court of Ohio Re-defines the Boundary Between SERB and Common Pleas Court Jurisdiction

Date: Jun 18, 2025
“Beyond Unfair-Labor-Practice Allegations” Clarifying the Exclusive Jurisdiction of the State Employment Relations Board (SERB) Over Public-Sector Labor Disputes Introduction On 12 June 2025 the...
State v. Coker (2025): Vernacular Proof of “Sexual Conduct” & the Re-Entrenchment of the Jenks Sufficiency Standard

State v. Coker (2025): Vernacular Proof of “Sexual Conduct” & the Re-Entrenchment of the Jenks Sufficiency Standard

Date: Jun 18, 2025
State v. Coker (2025): Vernacular Proof of “Sexual Conduct” & the Re-Entrenchment of the Jenks Sufficiency Standard Introduction State v. Coker, Slip Opinion No. 2025-Ohio-2051, is a landmark...
Post-Dismissal Pseudonymity & Open Courts: The Washington Supreme Court’s Clarification in John Doe P v. Thurston County (2025)

Post-Dismissal Pseudonymity & Open Courts: The Washington Supreme Court’s Clarification in John Doe P v. Thurston County (2025)

Date: Jun 18, 2025
Post-Dismissal Pseudonymity & Open Courts: John Doe P v. Thurston County Sets Strict Limits on Sealing Litigant Identities 1. Introduction John Doe P v. Thurston County, No. 102976-4 (Wash. June 12...
People v. Jasso (2025): Refining Declarations-Against-Interest and Confrontation Rules When Witnesses Refuse to Testify

People v. Jasso (2025): Refining Declarations-Against-Interest and Confrontation Rules When Witnesses Refuse to Testify

Date: Jun 18, 2025
People v. Jasso (2025): A Supreme Court of California Blueprint for Handling Recalcitrant Witnesses, Declarations Against Penal Interest, and Post-SB 1437 Felony-Murder Issues 1. Introduction On...
Seguin v. DHS: APRA Cannot Be Used as Surrogate Discovery in Pending Child-Support Actions

Seguin v. DHS: APRA Cannot Be Used as Surrogate Discovery in Pending Child-Support Actions

Date: Jun 18, 2025
Seguin v. DHS: APRA Cannot Be Used as Surrogate Discovery in Pending Child-Support Actions Introduction Mary Seguin (“Seguin”), a self-represented litigant, filed an action in the Rhode Island...
Rule 1.4 – Arkansas’s New Framework for the Immediate Interim Suspension of Judges Accused of “Serious Crime” or Other Conduct Endangering the Administration of Justice

Rule 1.4 – Arkansas’s New Framework for the Immediate Interim Suspension of Judges Accused of “Serious Crime” or Other Conduct Endangering the Administration of Justice

Date: Jun 18, 2025
Rule 1.4 – Arkansas’s New Framework for the Immediate Interim Suspension of Judges Accused of “Serious Crime” or Other Conduct Endangering the Administration of Justice Introduction On 12 June 2025,...
From “First-Marketable Product” to “Point of Sale”: 
        West Virginia Mandates Lessees Bear All Post-Production Costs Through the Actual Sale 
        – Comment on Romeo v. Antero Resources Corp. (2025)

From “First-Marketable Product” to “Point of Sale”: West Virginia Mandates Lessees Bear All Post-Production Costs Through the Actual Sale – Comment on Romeo v. Antero Resources Corp. (2025)

Date: Jun 18, 2025
From “First-Marketable Product” to “Point of Sale”: West Virginia Mandates Lessees Bear All Post-Production Costs Through the Actual Sale Commentary on Jacklin Romeo, Susan S. Rine & Debra Snyder...
“Sua Sponte” Assessment of Mandatory State-Attorney Costs: Parks v. State of Florida and the End of the “Request” Requirement

“Sua Sponte” Assessment of Mandatory State-Attorney Costs: Parks v. State of Florida and the End of the “Request” Requirement

Date: Jun 18, 2025
“Sua Sponte” Assessment of Mandatory State-Attorney Costs: Parks v. State of Florida and the End of the “Request” Requirement 1. Introduction Jourdan Daniel Parks v. State of Florida, decided by the...
No Private Right of Action under the No Surprises Act – Commentary on Guardian Flight v. Health Care Service Corp.

No Private Right of Action under the No Surprises Act – Commentary on Guardian Flight v. Health Care Service Corp.

Date: Jun 18, 2025
No Private Right of Action under the No Surprises Act: Guardian Flight, L.L.C. & Med-Trans Corp. v. Health Care Service Corp. Introduction On 12 June 2025 the U.S. Court of Appeals for the Fifth...
Reinforcing Limited Judicial Review & Arbitral Immunity under the No Surprises Act:  A Commentary on Guardian Flight, L.L.C. v. Aetna Health, Inc. (5th Cir. 2025)

Reinforcing Limited Judicial Review & Arbitral Immunity under the No Surprises Act: A Commentary on Guardian Flight, L.L.C. v. Aetna Health, Inc. (5th Cir. 2025)

Date: Jun 18, 2025
Reinforcing Limited Judicial Review & Arbitral Immunity under the No Surprises Act: A Commentary on Guardian Flight, L.L.C. v. Aetna Health, Inc. (5th Cir. 2025) Introduction The Fifth Circuit’s...
Consolidating Judicial Review under the No Surprises Act: Fifth Circuit Confirms Exclusive FAA Grounds and Extends Arbitral Immunity to Certified IDR Entities

Consolidating Judicial Review under the No Surprises Act: Fifth Circuit Confirms Exclusive FAA Grounds and Extends Arbitral Immunity to Certified IDR Entities

Date: Jun 18, 2025
Consolidating Judicial Review under the No Surprises Act: Fifth Circuit Confirms Exclusive FAA Grounds and Extends Arbitral Immunity to Certified IDR Entities Introduction Guardian Flight, L.L.C. v....
The “Indivisible Negotiation” Doctrine: Fourth Circuit Confirms Broad Federal-Officer Removal Despite State Disclaimers

The “Indivisible Negotiation” Doctrine: Fourth Circuit Confirms Broad Federal-Officer Removal Despite State Disclaimers

Date: Jun 18, 2025
The “Indivisible Negotiation” Doctrine: Fourth Circuit Confirms Broad Federal-Officer Removal Despite State Disclaimers 1. Introduction In State of West Virginia ex rel. Mark A. Hunt v. CaremarkPCS...
United States v. Fozard: Appeal-Waiver Boundaries and the Mandatory Remedy for Rogers Errors

United States v. Fozard: Appeal-Waiver Boundaries and the Mandatory Remedy for Rogers Errors

Date: Jun 18, 2025
United States v. Fozard: Appeal-Waiver Boundaries and the Mandatory Remedy for Rogers Errors Introduction United States v. Antonio Deon Fozard, No. 22-4679 (4th Cir. June 12, 2025) tackles the...
The “Oliver Clarification”: Integrated Sentencing Explanations Suffice for Both Custody and Supervision in Revocation Proceedings

The “Oliver Clarification”: Integrated Sentencing Explanations Suffice for Both Custody and Supervision in Revocation Proceedings

Date: Jun 18, 2025
The “Oliver Clarification”: Integrated Sentencing Explanations Suffice for Both Custody and Supervision in Revocation Proceedings Introduction United States v. Donta Oliver, No. 24-4622 (4th Cir....
Runey v. Faring: Reaffirming Certiorari-Only Review for Denials of Preliminary Injunctions and the Binding Force of Unappealed Judgments

Runey v. Faring: Reaffirming Certiorari-Only Review for Denials of Preliminary Injunctions and the Binding Force of Unappealed Judgments

Date: Jun 18, 2025
Runey v. Faring: Reaffirming Certiorari-Only Review for Denials of Preliminary Injunctions and the Binding Force of Unappealed Judgments Introduction The Rhode Island Supreme Court’s decision in...
State v. Raso: Clarifying § 12-19-18(b)(5) — Rule 48(a) Dismissals that Preserve Probable Cause Do Not Compel Termination of Probation-Violation Sentences

State v. Raso: Clarifying § 12-19-18(b)(5) — Rule 48(a) Dismissals that Preserve Probable Cause Do Not Compel Termination of Probation-Violation Sentences

Date: Jun 18, 2025
State v. Raso: Clarifying § 12-19-18(b)(5) — Rule 48(a) Dismissals that Preserve Probable Cause Do Not Compel Termination of Probation-Violation Sentences Introduction The Supreme Court of Rhode...
Converging Paths at Summary Judgment: The Eleventh Circuit Re-Affirms the Interchangeability of the “McDonnell Douglas” and “Convincing Mosaic” Approaches

Converging Paths at Summary Judgment: The Eleventh Circuit Re-Affirms the Interchangeability of the “McDonnell Douglas” and “Convincing Mosaic” Approaches

Date: Jun 18, 2025
Converging Paths at Summary Judgment: The Eleventh Circuit Re-Affirms the Interchangeability of the “McDonnell Douglas” and “Convincing Mosaic” Approaches Introduction In Amy Sanusi v. Grady Memorial...
County-Level Party Autonomy & Ballot-Question Speech: New First-Amendment Guardrails from Catoosa GOP v. Catoosa County BOE

County-Level Party Autonomy & Ballot-Question Speech: New First-Amendment Guardrails from Catoosa GOP v. Catoosa County BOE

Date: Jun 18, 2025
County-Level Party Autonomy & Ballot-Question Speech: The Eleventh Circuit Establishes First-Amendment Standing for Local Parties and Treats Primary-Ballot Questions as Presumptively Private Speech...
United States v. Cortero-Roman: Eleventh Circuit Demands Full Explanation for “Extraordinary” Upward Variances

United States v. Cortero-Roman: Eleventh Circuit Demands Full Explanation for “Extraordinary” Upward Variances

Date: Jun 18, 2025
United States v. Cortero-Roman: Eleventh Circuit Demands Full Explanation for “Extraordinary” Upward Variances 1. Introduction The Eleventh Circuit’s unpublished decision in United States v. J. Cruz...
United States v. Hood: Affirming Upward Variances for Domestic-Violence Violations of Supervised Release

United States v. Hood: Affirming Upward Variances for Domestic-Violence Violations of Supervised Release

Date: Jun 18, 2025
United States v. Hood: Affirming Upward Variances for Domestic-Violence Violations of Supervised Release Introduction United States v. Antonio L. Hood (6th Cir. 2025) concerns the scope of a district...
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