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

“Power of Attorney ≠ Article III Standing” – Commentary on Karkare v. International Association of Bridge, Structural, Ornamental & Reinforcing Iron Workers Local 580

“Power of Attorney ≠ Article III Standing” – Commentary on Karkare v. International Association of Bridge, Structural, Ornamental & Reinforcing Iron Workers Local 580

Date: Jun 11, 2025
Power of Attorney ≠ Article III Standing: The Second Circuit Reinforces the Real-Party-in-Interest Requirement in ERISA Litigation and Opens the Door to Rule 17 Substitution Introduction In Karkare...

        “The Underlying-Conduct Rule” – Second Circuit Holds that Extradition Depends on the Acts, not the Label: Comment on
        Lalama Gomez v. United States (2025)

“The Underlying-Conduct Rule” – Second Circuit Holds that Extradition Depends on the Acts, not the Label: Comment on Lalama Gomez v. United States (2025)

Date: Jun 11, 2025
“The Underlying-Conduct Rule” – Second Circuit Clarifies Extraditable-Offense Analysis in Lalama Gomez v. United States (2025) I. Introduction In Lalama Gomez v. United States, the U.S. Court of...
Zherka v. Bondi – The Second Circuit Confirms Congress’s Power to Disarm All Felons, Violent or Not, Without Individualized Review

Zherka v. Bondi – The Second Circuit Confirms Congress’s Power to Disarm All Felons, Violent or Not, Without Individualized Review

Date: Jun 11, 2025
Zherka v. Bondi – The Second Circuit Confirms Congress’s Power to Disarm All Felons, Violent or Not, Without Individualized Review 1. Introduction In Zherka v. Bondi, Docket No. 22-1108-cv (decided...
Affidavit-Based Probable Cause as a Complete Defense to First and Fourth Amendment Claims – Commentary on Youngblood v. City of Georgiana, 11th Cir. (2025)

Affidavit-Based Probable Cause as a Complete Defense to First and Fourth Amendment Claims – Commentary on Youngblood v. City of Georgiana, 11th Cir. (2025)

Date: Jun 11, 2025
Affidavit-Based Probable Cause as a Complete Defense to First and Fourth Amendment Claims Commentary on Eric Youngblood, Sr. v. City of Georgiana, Alabama, No. 23-13142 (11th Cir. June 9 2025)...

        The “Objective-and-Readily-Verifiable” Gatekeeper Doctrine: 11th Circuit Narrows FCRA Liability in Martino v. Bank of America (2025)

The “Objective-and-Readily-Verifiable” Gatekeeper Doctrine: 11th Circuit Narrows FCRA Liability in Martino v. Bank of America (2025)

Date: Jun 11, 2025
The “Objective-and-Readily-Verifiable” Gatekeeper Doctrine: 11th Circuit Narrows FCRA Liability in Martino v. Bank of America (2025) Introduction In Marcelo Martino v. Bank of America, N.A., the...
Dismissed-Conduct Still Counts: Eleventh Circuit Clarifies Post-Amendment 826 Sentencing in United States v. Shanks

Dismissed-Conduct Still Counts: Eleventh Circuit Clarifies Post-Amendment 826 Sentencing in United States v. Shanks

Date: Jun 11, 2025
Dismissed-Conduct Still Counts: Eleventh Circuit Clarifies Post-Amendment 826 Sentencing in United States v. Ronald Rieco Shanks Introduction On 9 June 2025, the Eleventh Circuit delivered a...
Pickett v. City of Cleveland: Sixth Circuit Clarifies Article III Standing and Predominance Standards for FHA Disparate-Impact Class Actions

Pickett v. City of Cleveland: Sixth Circuit Clarifies Article III Standing and Predominance Standards for FHA Disparate-Impact Class Actions

Date: Jun 11, 2025
Pickett v. City of Cleveland: Sixth Circuit Clarifies Article III Standing and Predominance Standards for FHA Disparate-Impact Class Actions Introduction Albert Pickett Jr. and four other...
The Lyngaas II Precedent: Sender Liability for Third-Party Fax Promotions under the TCPA and the “Sufficiently Direct Profit Motive” Standard

The Lyngaas II Precedent: Sender Liability for Third-Party Fax Promotions under the TCPA and the “Sufficiently Direct Profit Motive” Standard

Date: Jun 11, 2025
The Lyngaas II Precedent: Sender Liability for Third-Party Fax Promotions under the TCPA and the “Sufficiently Direct Profit Motive” Standard Introduction In Brian J. Lyngaas, D.D.S., P.L.L.C. v....
Thomas v. Montgomery – Sixth Circuit Re-Affirms No Liberty Interest in Parole under Tennessee’s Post-2021 Scheme Despite Algorithmic STRONG-R Assessments

Thomas v. Montgomery – Sixth Circuit Re-Affirms No Liberty Interest in Parole under Tennessee’s Post-2021 Scheme Despite Algorithmic STRONG-R Assessments

Date: Jun 11, 2025
Thomas v. Montgomery – Sixth Circuit Re-Affirms No Liberty Interest in Parole under Tennessee’s Post-2021 Scheme Despite Algorithmic STRONG-R Assessments Introduction In Carvin L. Thomas & Terrell...
Clark v. Commissioner: Sixth Circuit Reaffirms Broad ALJ Discretion under the 2017 Medical-Opinion Rule (§ 404.1520c)

Clark v. Commissioner: Sixth Circuit Reaffirms Broad ALJ Discretion under the 2017 Medical-Opinion Rule (§ 404.1520c)

Date: Jun 11, 2025
Clark v. Commissioner: Sixth Circuit Reaffirms Broad ALJ Discretion under the 2017 Medical-Opinion Rule (§ 404.1520c) 1. Introduction Donald Roy Clark, a former warehouse foreman and inside salesman,...
Sixth Circuit Narrows Unconscionability Challenges to Arbitration Clauses After Coinbase – Comment on Jessica Hines v. National Entertainment Group, LLC

Sixth Circuit Narrows Unconscionability Challenges to Arbitration Clauses After Coinbase – Comment on Jessica Hines v. National Entertainment Group, LLC

Date: Jun 11, 2025
Sixth Circuit Narrows Unconscionability Challenges to Arbitration Clauses After Coinbase – Comment on Jessica Hines v. National Entertainment Group, LLC (6th Cir. 2025) I. Introduction In a published...
Settlement-Induced Mootness and Discovery Confidentiality: 
            The Sixth Circuit’s Clarification in McGhee-Twilley v. CoreCivic

Settlement-Induced Mootness and Discovery Confidentiality: The Sixth Circuit’s Clarification in McGhee-Twilley v. CoreCivic

Date: Jun 11, 2025
Settlement-Induced Mootness and Discovery Confidentiality: The Sixth Circuit’s Clarification in McGhee-Twilley v. CoreCivic Introduction The Sixth Circuit’s unpublished opinion in Lakenya...

        “Reasonable Foreseeability through Continuous Participation” – 
        Sixth Circuit Clarifies When a Firearm Enhancement Applies in Hobbs Act Robbery Conspiracies

“Reasonable Foreseeability through Continuous Participation” – Sixth Circuit Clarifies When a Firearm Enhancement Applies in Hobbs Act Robbery Conspiracies

Date: Jun 11, 2025
“Reasonable Foreseeability through Continuous Participation” – Sixth Circuit Clarifies When a Firearm Enhancement Applies in Hobbs Act Robbery Conspiracies Introduction In United States v. Kyle Lynn...
“Circling Cars & Pocketed Hands” – The Sixth Circuit’s Refined Test for Linking Pedestrians to Nearby Stolen Vehicles (United States v. Lavonce Makiri Smith, 2025)

“Circling Cars & Pocketed Hands” – The Sixth Circuit’s Refined Test for Linking Pedestrians to Nearby Stolen Vehicles (United States v. Lavonce Makiri Smith, 2025)

Date: Jun 11, 2025
“Circling Cars & Pocketed Hands” – The Sixth Circuit’s Refined Test for Linking Pedestrians to Nearby Stolen Vehicles (United States v. Lavonce Makiri Smith, 2025) 1. Introduction United States v....
Clarifying the Knowledge-Based Application of the “Vulnerable Victim” Enhancement in Elder-Fraud Sentencings – A Commentary on United States v. McNamara (6th Cir. 2025)

Clarifying the Knowledge-Based Application of the “Vulnerable Victim” Enhancement in Elder-Fraud Sentencings – A Commentary on United States v. McNamara (6th Cir. 2025)

Date: Jun 11, 2025
Clarifying the Knowledge-Based Application of the “Vulnerable Victim” Enhancement in Elder-Fraud Sentencings – A Commentary on United States v. McNamara (6th Cir. 2025) 1. Introduction In United...
“A Limited-Time Offer”: Sixth Circuit Holds APA Claims Moot Once Statutory Spending Windows Close – Commentary on W6 Restaurant Group, Ltd. v. Loeffler

“A Limited-Time Offer”: Sixth Circuit Holds APA Claims Moot Once Statutory Spending Windows Close – Commentary on W6 Restaurant Group, Ltd. v. Loeffler

Date: Jun 11, 2025
“A Limited-Time Offer”: Sixth Circuit Holds APA Claims Moot Once Statutory Spending Windows Close – Commentary on W6 Restaurant Group, Ltd. v. Kelly Loeffler I. Introduction In W6 Restaurant Group,...
Partial Courtroom Closures in a Pandemic: Barrett v. Wyoming DOC Clarifies the Sixth-Amendment Standard

Partial Courtroom Closures in a Pandemic: Barrett v. Wyoming DOC Clarifies the Sixth-Amendment Standard

Date: Jun 11, 2025
Partial Courtroom Closures in a Pandemic: Barrett v. Wyoming Department of Corrections Clarifies the Sixth-Amendment Standard Introduction Barrett v. Wyoming Department of Corrections, No. 24-8062...
United States v. Nickols – Harmless Error and Misstatements about First Step Act Earned-Time Credits at Sentencing

United States v. Nickols – Harmless Error and Misstatements about First Step Act Earned-Time Credits at Sentencing

Date: Jun 11, 2025
United States v. Nickols – Harmless Error and Misstatements about First Step Act Earned-Time Credits at Sentencing I. Introduction United States v. Nickols, No. 24-5056 (10th Cir. June 9, 2025),...
Expanding Malicious-Prosecution Doctrine Beyond “Criminal” Prosecutions: Gervin v. Florence (11th Cir. 2025)

Expanding Malicious-Prosecution Doctrine Beyond “Criminal” Prosecutions: Gervin v. Florence (11th Cir. 2025)

Date: Jun 11, 2025
Expanding Malicious-Prosecution Doctrine Beyond “Criminal” Prosecutions: Gervin v. Florence & Milton, 85 F.4th 1102 (11th Cir. 2025) Introduction The United States Court of Appeals for the Eleventh...

        Seventh Circuit Tightens “Nexus” Showing for Gang-Recruitment Asylum Claims: 
        De Paz-Peraza v. Bondi (2025)

Seventh Circuit Tightens “Nexus” Showing for Gang-Recruitment Asylum Claims: De Paz-Peraza v. Bondi (2025)

Date: Jun 11, 2025
Seventh Circuit Tightens “Nexus” Showing for Gang-Recruitment Asylum Claims: De Paz-Peraza v. Bondi (2025) Introduction Carlos Antonio de Paz-Peraza, a 17-year-old Salvadoran targeted by the violent...
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