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

Reaffirming the Plaintiff’s Burden on the Clearly-Established Law Prong in Qualified Immunity: A Commentary on Bailey v. Beale (10th Cir. 2025)

Date: Jun 18, 2025

Reaffirming the Plaintiff’s Burden on the Clearly-Established Law Prong in Qualified Immunity A Comprehensive Commentary on Bailey v. Beale, No. 23-7083 (10th Cir. 2025) 1. Introduction Bailey v....

“Material Amendments Reset the Clock” – The Tenth Circuit’s Clarification that a Materially-Amended Judgment, not the Initial Judgment, Triggers Utah’s Eight-Year Enforcement Period, and that Statutory Stays Toll that Period (EarthGrains Baking Companies v. Sycamore Family Bakery, 10th Cir. 2025)

Date: Jun 18, 2025

“Material Amendments Reset the Clock” – The Tenth Circuit’s Clarification that a Materially-Amended Judgment, not the Initial Judgment, Triggers Utah’s Eight-Year Enforcement Period, and that...

Grunt Style LLC v. TWD, LLC: Treating Omitted Counter-claims as a Rule 60(a) Clerical Error – A Streamlined Remand Procedure Without a New Notice of Appeal

Date: Jun 18, 2025

Grunt Style LLC v. TWD, LLC: Treating Omitted Counter-claims as a Rule 60(a) Clerical Error – A Streamlined Remand Procedure Without a New Notice of Appeal Introduction In Grunt Style LLC v. TWD,...

Restoring Clarity to Final Judgments: Seventh Circuit Defines Procedure for Correcting Rule 58 Omissions and Handling Duplicative Appeals

Date: Jun 18, 2025

Restoring Clarity to Final Judgments: Seventh Circuit Defines Procedure for Correcting Rule 58 Omissions and Handling Duplicative Appeals Introduction Grunt Style LLC v. TWD, LLC, Nos. 25-1305 &...

“No-Hearing Where No-Fact-Dispute” Doctrine & Continued Protection for Transgender Students: A Commentary on Jane Doe (D.P.) v. Mukwonago Area School District, 7th Cir. (2025)

Date: Jun 18, 2025

“No-Hearing Where No-Fact-Dispute” Doctrine & Continued Protection for Transgender Students Commentary on Jane Doe (D.P.) v. Mukwonago Area School District, Court of Appeals for the Seventh Circuit...

Oye v. Hartford Life: Seventh Circuit Clarifies District Courts’ Obligations in De Novo ERISA Reviews under Rule 52(a)

Date: Jun 18, 2025

Oye v. Hartford Life: Seventh Circuit Clarifies District Courts’ Obligations in De Novo ERISA Reviews under Rule 52(a) Introduction In Olayinka Oye v. Hartford Life and Accident Insurance Company,...

“One Standard for All” – The Supreme Court Abolishes the “Bad-Faith or Gross-Misjudgment” Hurdle in ADA & §504 Education Cases

Date: Jun 18, 2025

“One Standard for All” – The Supreme Court Abolishes the “Bad-Faith or Gross-Misjudgment” Hurdle in ADA & §504 Education Cases Introduction In A. J. T. v. Osseo Area Schools, Indep. Sch. Dist....

“When the Levy Vanishes, So Does Jurisdiction” – Commissioner v. Zuch and the New Limits on Tax Court Review under 26 U.S.C. § 6330

Date: Jun 18, 2025

“When the Levy Vanishes, So Does Jurisdiction” – Commissioner v. Zuch and the New Limits on Tax Court Review under 26 U.S.C. § 6330 I. Introduction Commissioner of Internal Revenue v. Zuch, 605 U.S....

Narrowing the FTCA Exceptions: Martin v. United States Establishes that the “Law-Enforcement Proviso” Overrides Only §2680(h) and Rejects a Supremacy-Clause Defense

Date: Jun 18, 2025

Narrowing the FTCA Exceptions: Martin v. United States (2025) Clarifies the Limited Reach of the “Law-Enforcement Proviso” and Eliminates the Eleventh Circuit’s Supremacy-Clause Defense I....

The Forward-Relation Doctrine Extended: No Second Notice Required After Reopening Appeal Time under 28 U.S.C. §2107(c)

Date: Jun 18, 2025

The Forward-Relation Doctrine Extended: No Second Notice Required After Reopening Appeal Time under 28 U.S.C. §2107(c) Introduction Parrish v. United States (605 U.S. ___ (2025)) is the Supreme...

“Final-Judgment Finality” – Rivers v. Guerrero Settles When a Habeas Filing Becomes “Second or Successive” under AEDPA

Date: Jun 18, 2025

“Final-Judgment Finality” – Rivers v. Guerrero Settles When a Habeas Filing Becomes “Second or Successive” under AEDPA Introduction Rivers v. Guerrero, 605 U.S. ___ (2025), resolves a long-standing...

“Beyond Magic Words” – Soto v. United States and the Re-Configuration of the Barring Act’s “Another Law” Exception

Date: Jun 18, 2025

“Beyond Magic Words” – Soto v. United States (2025) and the Re-Configuration of the Barring Act’s “Another Law” Exception Introduction In Soto v. United States, 605 U.S. ___ (2025), a unanimous...

State v. Armendariz: New Mexico Re-Affirms Broad Admissibility of Lay Video-Identification and Contextual Statements Against Penal Interest

Date: Jun 18, 2025

State v. Armendariz: New Mexico Re-Affirms Broad Admissibility of Lay Video-Identification and Contextual Statements Against Penal Interest 1. Introduction On 12 June 2025 the Supreme Court of New...

Harris v. Joplin: Re-affirming the Preponderance Standard and Abuse-of-Discretion Review for Extrinsic Proof of Illegible Contracts

Date: Jun 18, 2025

Harris v. Joplin: Re-affirming the Preponderance Standard and Abuse-of-Discretion Review for Extrinsic Proof of Illegible Contracts 1. Introduction In Harris v. Joplin, Supreme Court of Virginia,...

“Lawfully Entitled to Have Applied” – Ohio Supreme Court Bars Dependents from Reviving a Denied Scheduled-Loss Claim (Commentary on State ex rel. Byk v. Industrial Commission, 2025-Ohio-2044)

Date: Jun 18, 2025

“Lawfully Entitled to Have Applied” – Ohio Supreme Court Bars Dependents from Reviving a Denied Scheduled-Loss Claim Commentary on State ex rel. Byk v. Industrial Commission (2025-Ohio-2044) 1....

“Five-Years-Means-Five-Years”: Supreme Court of Ohio Clarifies that Jail-Time Credit Cannot Shorten the Post-Mandatory Waiting Period for Judicial Release

Date: Jun 18, 2025

“Five-Years-Means-Five-Years”: Supreme Court of Ohio Clarifies that Jail-Time Credit Cannot Shorten the Post-Mandatory Waiting Period for Judicial Release Introduction State v. Clinkscale, Slip...

Beyond Ordinary Negligence: West Virginia Formally Adopts Negligent Supervision and Extends Employer Liability to Intentional & Reckless Employee Torts

Date: Jun 18, 2025

Beyond Ordinary Negligence: West Virginia Formally Adopts Negligent Supervision and Extends Employer Liability to Intentional & Reckless Employee Torts 1. Introduction The Supreme Court of Appeals of...

From Wellhead to Final Buyer: West Virginia Affirms “Point-of-Sale” Standard and Extends Royalty Protection to Natural Gas Liquids

Date: Jun 18, 2025

From Wellhead to Final Buyer: West Virginia Affirms “Point-of-Sale” Standard and Extends Royalty Protection to Natural Gas Liquids 1. Introduction In Jacklin Romeo, Susan S. Rine, and Debra Snyder...

The Expanded “Point-of-Sale” Doctrine: Downstream Markets and Enhanced Hydrocarbons in West Virginia Royalty Calculations

Date: Jun 18, 2025

The Expanded “Point-of-Sale” Doctrine: Downstream Markets and Enhanced Hydrocarbons in West Virginia Royalty Calculations 1. Introduction Jacklin Romeo, Susan S. Rine and Debra Snyder Miller...

State v. Roman: Rhode Island Supreme Court Casts Doubt on Automatic Waiver of Rule 35 Sentence-Reduction Motions in Plea Agreements

Date: Jun 18, 2025

State v. Roman: Rhode Island Supreme Court Casts Doubt on Automatic Waiver of Rule 35 Sentence-Reduction Motions in Plea Agreements Introduction State v. Luis Roman, No. 2024-78-C.A. (R.I. June 11,...

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