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

United States v. Cortez: Affirming Broad Judicial Discretion to Impose Upward Variances in Illegal-Re-entry Cases Based on Uncontested PSR Facts and Violent Criminal Histories

United States v. Cortez: Affirming Broad Judicial Discretion to Impose Upward Variances in Illegal-Re-entry Cases Based on Uncontested PSR Facts and Violent Criminal Histories

Date: Jun 11, 2025
United States v. Cortez: Affirming Broad Judicial Discretion to Impose Upward Variances in Illegal-Re-entry Cases Based on Uncontested PSR Facts and Violent Criminal Histories Introduction United...

“Superior-Interest Rule” in Criminal Forfeiture:  Tenth Circuit Affirms Priority of State-Law Ownership over Federal Relation-Back – Commentary on United States v. Peck (2025)

“Superior-Interest Rule” in Criminal Forfeiture: Tenth Circuit Affirms Priority of State-Law Ownership over Federal Relation-Back – Commentary on United States v. Peck (2025)

Date: Jun 11, 2025
“Superior-Interest Rule” in Criminal Forfeiture: Tenth Circuit Affirms Priority of State-Law Ownership over Federal Relation-Back Commentary on United States v. Peck, 89 F.4th ___ (10th Cir. 2025) I....
No Waiver by Over-Broad Motion: Tenth Circuit Clarifies That a State Official Does Not Waive Eleventh-Amendment Immunity Merely by Filing a Comprehensive Rule 12 Motion

No Waiver by Over-Broad Motion: Tenth Circuit Clarifies That a State Official Does Not Waive Eleventh-Amendment Immunity Merely by Filing a Comprehensive Rule 12 Motion

Date: Jun 11, 2025
No Waiver by Over-Broad Motion: Tenth Circuit Clarifies That a State Official Does Not Waive Eleventh-Amendment Immunity Merely by Filing a Comprehensive Rule 12 Motion Introduction In Williams v....
“Trademark Registration as Purposeful Availment” – The Eleventh Circuit’s New Rule on Nationwide Personal Jurisdiction over Foreign IP-Holding Companies

“Trademark Registration as Purposeful Availment” – The Eleventh Circuit’s New Rule on Nationwide Personal Jurisdiction over Foreign IP-Holding Companies

Date: Jun 11, 2025
“Trademark Registration as Purposeful Availment” – The Eleventh Circuit’s New Rule on Nationwide Personal Jurisdiction over Foreign IP-Holding Companies Introduction Jekyll Island–State Park...
Petersen v. Pedersen: Circumstantial Probable Cause and the Scope of Qualified Immunity in OWI Arrests

Petersen v. Pedersen: Circumstantial Probable Cause and the Scope of Qualified Immunity in OWI Arrests

Date: Jun 11, 2025
Petersen v. Pedersen: Circumstantial Probable Cause and the Scope of Qualified Immunity in OWI Arrests 1. Introduction The Seventh Circuit’s decision in Mark Petersen v. Stefanie Pedersen, No....
No Predicate, No Conspiracy: Seventh Circuit Clarifies § 371 Liability and Jury-Instruction Standards in United States v. Clark

No Predicate, No Conspiracy: Seventh Circuit Clarifies § 371 Liability and Jury-Instruction Standards in United States v. Clark

Date: Jun 11, 2025
No Predicate, No Conspiracy: Seventh Circuit Clarifies § 371 Liability and Jury-Instruction Standards in United States v. Clark Introduction The Seventh Circuit’s decision in United States v. Derrick...
United States v. Clark & Mesner: Seventh Circuit Demands a Live Predicate for § 371 Conspiracy and Clarifies Use-of-Document Liability under § 1001(a)(3)

United States v. Clark & Mesner: Seventh Circuit Demands a Live Predicate for § 371 Conspiracy and Clarifies Use-of-Document Liability under § 1001(a)(3)

Date: Jun 11, 2025
United States v. Clark & Mesner: Seventh Circuit Demands a Live Predicate for § 371 Conspiracy and Clarifies Use-of-Document Liability under § 1001(a)(3) Introduction The Seventh Circuit’s opinion in...
Economic-Damages Exception to the West Virginia MPLA: Commentary on Elaine Neidig v. Valley Health System

Economic-Damages Exception to the West Virginia MPLA: Commentary on Elaine Neidig v. Valley Health System

Date: Jun 11, 2025
Economic-Damages Exception to the West Virginia Medical Professional Liability Act (Commentary on Elaine Neidig v. Valley Health System, No. 24-27, 2025) 1. Introduction The Supreme Court of Appeals...
Purely Economic Loss Outside the MPLA: The New Limiting Principle in Neidig v. Valley Health System

Purely Economic Loss Outside the MPLA: The New Limiting Principle in Neidig v. Valley Health System

Date: Jun 11, 2025
Purely Economic Loss Outside the MPLA: The New Limiting Principle in Neidig v. Valley Health System Introduction In Elaine Neidig v. Valley Health System, the Supreme Court of West Virginia...
“One Damage Requirement, Two Causes of Action” – Neidig v. Valley Health System and the Unified Injury Prerequisite under West Virginia’s MPLA

“One Damage Requirement, Two Causes of Action” – Neidig v. Valley Health System and the Unified Injury Prerequisite under West Virginia’s MPLA

Date: Jun 11, 2025
“One Damage Requirement, Two Causes of Action” – Neidig v. Valley Health System and the Unified Injury Prerequisite under West Virginia’s Medical Professional Liability Act Introduction Elaine Neidig...
“Clear and Convincing”: The New Evidentiary Standard for Reinstatement of Disbarred Attorneys in West Virginia

“Clear and Convincing”: The New Evidentiary Standard for Reinstatement of Disbarred Attorneys in West Virginia

Date: Jun 11, 2025
“Clear and Convincing”: The New Evidentiary Standard for Reinstatement of Disbarred Attorneys in West Virginia Introduction In In re Petition for Reinstatement of Edward Raymond Kohout, the Supreme...
The “Cole Limitation” – Missouri Aligns with the Seventh Circuit on State-Law Safety Rules and Contributory Negligence under FELA

The “Cole Limitation” – Missouri Aligns with the Seventh Circuit on State-Law Safety Rules and Contributory Negligence under FELA

Date: Jun 11, 2025
The “Cole Limitation” – Missouri Aligns with the Seventh Circuit on State-Law Safety Rules and Contributory Negligence under FELA 1. Introduction Christopher Cole, a brakeman for The Kansas City...
“Biological Sex” as the Sole Protected Characteristic in MHRA Public-Accommodation Claims – An Analysis of R.M.A. v. Blue Springs R-IV School District (Mo. banc 2025)

“Biological Sex” as the Sole Protected Characteristic in MHRA Public-Accommodation Claims – An Analysis of R.M.A. v. Blue Springs R-IV School District (Mo. banc 2025)

Date: Jun 11, 2025
“Biological Sex” as the Sole Protected Characteristic in MHRA Public-Accommodation Claims – A Commentary on R.M.A. v. Blue Springs R-IV School District, Supreme Court of Missouri, en banc (10 June...
Reaffirming the “Any-Particular” Corroboration Standard & Harmless-Error Review of Rule 404(b) Evidence: Commentary on Boone v. State (Ga. 2025)

Reaffirming the “Any-Particular” Corroboration Standard & Harmless-Error Review of Rule 404(b) Evidence: Commentary on Boone v. State (Ga. 2025)

Date: Jun 11, 2025
Reaffirming the “Any-Particular” Corroboration Standard & Harmless-Error Review of Rule 404(b) Evidence: Commentary on Boone v. State (Supreme Court of Georgia, 2025) 1. Introduction On 10 June 2025...
Clark v. State: Judicial Discretion to Validate Timely Pro Se Notices of Appeal Filed While Counsel of Record Remains

Clark v. State: Judicial Discretion to Validate Timely Pro Se Notices of Appeal Filed While Counsel of Record Remains

Date: Jun 11, 2025
Clark v. State: Judicial Discretion to Validate Timely Pro Se Notices of Appeal Filed While Counsel of Record Remains Introduction Clark v. State, decided by the Supreme Court of Georgia on 10 June...
Coston v. State: Surveillance Video as Direct Evidence and the Limited Reach of Georgia’s Circumstantial-Evidence Rule

Coston v. State: Surveillance Video as Direct Evidence and the Limited Reach of Georgia’s Circumstantial-Evidence Rule

Date: Jun 11, 2025
Coston v. State: Surveillance Video as Direct Evidence and the Limited Reach of Georgia’s Circumstantial-Evidence Rule Introduction On 10 June 2025 the Supreme Court of Georgia decided Coston v....
“No Toll for Minors”: The Supreme Court of Georgia Declares OCGA § 9-3-90(b) Inapplicable to Municipal Ante Litem Notices in Dates v. City of Atlanta

“No Toll for Minors”: The Supreme Court of Georgia Declares OCGA § 9-3-90(b) Inapplicable to Municipal Ante Litem Notices in Dates v. City of Atlanta

Date: Jun 11, 2025
“No Toll for Minors”: The Supreme Court of Georgia Declares OCGA § 9-3-90(b) Inapplicable to Municipal Ante Litem Notices in Dates v. City of Atlanta 1. Introduction In Dates v. City of Atlanta,...
“Direct Evidence Prevails & Assault-Merger Mandate” — Comment on Douglas v. State (Supreme Court of Georgia, 2025)

“Direct Evidence Prevails & Assault-Merger Mandate” — Comment on Douglas v. State (Supreme Court of Georgia, 2025)

Date: Jun 11, 2025
“Direct Evidence Prevails & Assault-Merger Mandate” A Comprehensive Commentary on Douglas v. State, 315 Ga. ___ (2025) 1. Introduction On 10 June 2025 the Supreme Court of Georgia decided Douglas v....
Floyd v. State: Reinforcing Circumstantial-Evidence Sufficiency for Predicate Armed Robbery and Delineating Confrontation Clause Limits when a Co-Indictee Refuses to Testify

Floyd v. State: Reinforcing Circumstantial-Evidence Sufficiency for Predicate Armed Robbery and Delineating Confrontation Clause Limits when a Co-Indictee Refuses to Testify

Date: Jun 11, 2025
Floyd v. State: Reinforcing Circumstantial-Evidence Sufficiency for Predicate Armed Robbery and Delineating Confrontation Clause Limits when a Co-Indictee Refuses to Testify Introduction Floyd v....
James v. State: Confrontation Clause Does Not Extend to a Defendant’s Own Witness Invoking the Fifth Amendment

James v. State: Confrontation Clause Does Not Extend to a Defendant’s Own Witness Invoking the Fifth Amendment

Date: Jun 11, 2025
James v. State: Confrontation Clause Does Not Extend to a Defendant’s Own Witness Invoking the Fifth Amendment Introduction In James v. State, the Supreme Court of Georgia confronted two familiar...
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