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

Part‑Specific Proof or No Price Increase: Eleventh Circuit Clarifies Supplier Obligations, Upholds Severe Rule 37 Sanctions, and Elevates Settlement Memoranda in Defining Contract Scope

Date: Sep 8, 2025

Part‑Specific Proof or No Price Increase: Eleventh Circuit Clarifies Supplier Obligations, Upholds Severe Rule 37 Sanctions, and Elevates Settlement Memoranda in Defining Contract Scope Introduction...

Reaffirming the “Verifying Medical Evidence” Rule and Expert Causation for Delay-Based Eighth Amendment Claims: Commentary on McMillen v. Wexford Health Sources, Inc. (7th Cir. 2025)

Date: Sep 8, 2025

Reaffirming the “Verifying Medical Evidence” Rule and Expert Causation for Delay-Based Eighth Amendment Claims: Commentary on McMillen v. Wexford Health Sources, Inc. (7th Cir. 2025) Introduction In...

Fourth Circuit Clarifies Vaccine Act Exhaustion: Special Masters’ Timeliness Rulings Are Preclusive; Gardasil’s Table Listing Upheld Under the Presentment Clause

Date: Sep 8, 2025

Fourth Circuit Clarifies Vaccine Act Exhaustion: Special Masters’ Timeliness Rulings Are Preclusive; Gardasil’s Table Listing Upheld Under the Presentment Clause Introduction In a published decision...

Fourth Circuit Clarifies: Special Masters’ Timeliness Rulings Under the Vaccine Act Are Preclusive Gatekeepers to Tort Suits; Gardasil’s Table Addition Comports with the Presentment Clause

Date: Sep 8, 2025

Fourth Circuit Clarifies: Special Masters’ Timeliness Rulings Under the Vaccine Act Are Preclusive Gatekeepers to Tort Suits; Gardasil’s Table Addition Comports with the Presentment Clause...

Timeliness Determinations Under the Vaccine Act Are Binding in Subsequent Tort Suits; Gardasil’s Addition to the Vaccine Injury Table Upheld Under the Presentment Clause

Date: Sep 8, 2025

Timeliness Determinations Under the Vaccine Act Are Binding in Subsequent Tort Suits; Gardasil’s Addition to the Vaccine Injury Table Upheld Under the Presentment Clause Introduction This published...

Agency Implementation of Presidential Orders Remains Reviewable Under the APA Absent a No‑Discretion Mandate: The First Circuit’s Denial of a Stay in Orr v. Trump

Date: Sep 8, 2025

Agency Implementation of Presidential Orders Remains Reviewable Under the APA Absent a No‑Discretion Mandate: The First Circuit’s Denial of a Stay in Orr v. Trump Introduction This commentary...

Decisionmaker’s Interview Remark About Female Suitability Can Defeat Summary Judgment; Strategic Waiver Limits Babb Protection for Federal ADEA Claims — Commentary on Warner v. DeJoy (1st Cir. 2025)

Date: Sep 8, 2025

Decisionmaker’s Interview Remark About Female Suitability Can Defeat Summary Judgment; Strategic Waiver Limits Babb Protection for Federal ADEA Claims — Commentary on Warner v. DeJoy (1st Cir. 2025)...

Hawaiʻi Supreme Court Reaffirms Non-Appealability of Orders Vacating Arbitration Awards with Rehearing; Clarifies Final-Judgment Protocols in Special Proceedings

Date: Sep 8, 2025

Reaffirming the Non-Appealability of Orders Vacating Arbitration Awards with Rehearing under HRS § 658A-28 and Mandating “In Aid of Jurisdiction” Remands for Final Judgments in Special Proceedings...

Baltas v. Chapdelaine: No Qualified Immunity for Blanket Denial of Access to Existing Congregate Religious Services Absent Penological Justification

Date: Sep 8, 2025

No Qualified Immunity for Blanket Denial of Access to Existing Congregate Religious Services Absent Penological Justification Introduction In Baltas v. Chapdelaine, No. 22-2813-cv (2d Cir. Sept. 3,...

“Direct and Significant” Means What It Says: Second Circuit Clarifies CEA § 2(i)(1) Extraterritorial Reach and Confirms No Artificial-Price Element for Rule 180.1 Fraud

Date: Sep 8, 2025

“Direct and Significant” Means What It Says: Second Circuit Clarifies CEA § 2(i)(1) Extraterritorial Reach and Confirms No Artificial-Price Element for Rule 180.1 Fraud Introduction United States v....

Eleventh Circuit Clarifies ALJ Articulation Duties and Appeals Council’s Materiality Review of New Evidence under the 2017 Regulations

Date: Sep 8, 2025

Eleventh Circuit Clarifies ALJ Articulation Duties and Appeals Council’s Materiality Review of New Evidence under the 2017 Regulations Introduction In Bryan Dubose v. Commissioner of Social Security,...

Surplus-or-Standing: Eleventh Circuit Clarifies that a Chapter 7 Debtor’s “Party in Interest” Status Under § 502 Does Not Bypass Article III Redressability

Date: Sep 8, 2025

Surplus-or-Standing: Eleventh Circuit Clarifies that a Chapter 7 Debtor’s “Party in Interest” Status Under § 502 Does Not Bypass Article III Redressability Introduction This commentary analyzes the...

Eleventh Circuit Reaffirms MDLEA Reach into Foreign EEZs, No Nexus Requirement, and Denial of Minor‑Role Reductions for Go‑Fast Crews

Date: Sep 8, 2025

Eleventh Circuit Reaffirms MDLEA Reach into Foreign EEZs, No Nexus Requirement, and Denial of Minor‑Role Reductions for Go‑Fast Crews Introduction This commentary analyzes the Eleventh Circuit’s...

Jones-Stage Objections Preserve Challenges to Supervised-Release Conditions; Minor-Contact Restrictions Upheld in SORNA Failure-to-Register Sentences (United States v. Louis‑Jean, 11th Cir. 2025)

Date: Sep 8, 2025

Jones-Stage Objections Preserve Challenges to Supervised-Release Conditions; Minor-Contact Restrictions Upheld in SORNA Failure-to-Register Sentences Introduction This commentary analyzes the...

EEZ as “High Seas,” No U.S. Nexus Required, and Narrow Minor‑Role Relief for Go‑Fast Crews: Eleventh Circuit’s Consolidated MDLEA Ruling in United States v. Jhon Henry Alvarado‑Valencia (and Codefendants)

Date: Sep 8, 2025

EEZ as “High Seas,” No U.S. Nexus Required, and Narrow Minor‑Role Relief for Go‑Fast Crews: Eleventh Circuit’s Consolidated MDLEA Ruling in United States v. Jhon Henry Alvarado‑Valencia (and...

EEZ-as-High-Seas, No-Nexus Requirement, and a Narrow Minor-Role Inquiry Under the MDLEA: Commentary on United States v. Quijije‑Mero (11th Cir. 2025)

Date: Sep 8, 2025

EEZ-as-High-Seas, No-Nexus Requirement, and a Narrow Minor-Role Inquiry Under the MDLEA: Commentary on United States v. Quijije‑Mero (11th Cir. 2025) Introduction In United States v. Jhon Yandry...

EEZ Equals “High Seas” for Felonies Clause: Eleventh Circuit Reaffirms MDLEA’s Extraterritorial Reach and No‑Nexus Rule; Minor‑Role Reductions Narrow for Go‑Fast Couriers

Date: Sep 8, 2025

EEZ Equals “High Seas” for Felonies Clause: Eleventh Circuit Reaffirms MDLEA’s Extraterritorial Reach and No‑Nexus Rule; Minor‑Role Reductions Narrow for Go‑Fast Couriers Introduction In a...

Eleventh Circuit Reaffirms MDLEA’s Reach Into Foreign EEZs and Rejects Nexus Requirement; Affirms Denial of Minor‑Role Adjustments for Go‑Fast Crew

Date: Sep 8, 2025

Eleventh Circuit Reaffirms MDLEA’s Reach Into Foreign EEZs and Rejects Nexus Requirement; Affirms Denial of Minor‑Role Adjustments for Go‑Fast Crew Introduction In United States v. Juan Manuel...

EEZ Is “High Seas” for Felonies Clause; No Nexus Requirement Under the MDLEA; and Role Reductions Must Be Gauged Against Relevant Conduct: Commentary on United States v. Lauro Aguilar-Gomez (11th Cir. Sept. 3, 2025)

Date: Sep 8, 2025

EEZ Is “High Seas” for Felonies Clause; No Nexus Requirement Under the MDLEA; and Role Reductions Must Be Gauged Against Relevant Conduct Case: United States v. Lauro Aguilar-Gomez (consolidated with...

Uncharged Conduct, Officer Video Identification, and the Departure/Variance Label: Eleventh Circuit Affirms a Major Upward Sentence in United States v. White

Date: Sep 8, 2025

Uncharged Conduct, Officer Video Identification, and the Departure/Variance Label: Eleventh Circuit Affirms a Major Upward Sentence in United States v. White Introduction In United States v. Narada...

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