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

Layperson “Obviousness” Standard for Serious Medical Needs and Qualified Immunity in Pretrial Detention

Layperson “Obviousness” Standard for Serious Medical Needs and Qualified Immunity in Pretrial Detention

Date: May 30, 2025
Layperson “Obviousness” Standard for Serious Medical Needs and Qualified Immunity in Pretrial Detention Introduction Kim Hodges v. Joseph Abram is a published decision of the United States Court of...
Lay Recognition of Non-Obvious Medical Needs and Qualified Immunity: Sixth Circuit Defines Objective Prong in Pretrial Detainee Claims

Lay Recognition of Non-Obvious Medical Needs and Qualified Immunity: Sixth Circuit Defines Objective Prong in Pretrial Detainee Claims

Date: May 30, 2025
Lay Recognition of Non-Obvious Medical Needs and Qualified Immunity: Sixth Circuit Defines Objective Prong in Pretrial Detainee Claims Introduction Kim Hodges v. Joseph Abram centers on the tragic...
Off-Road ATV Exclusion Upheld: State Farm Automobile v. Orlando Establishes Definition of “Motor Vehicle” for UMA-Based UIM Coverage

Off-Road ATV Exclusion Upheld: State Farm Automobile v. Orlando Establishes Definition of “Motor Vehicle” for UMA-Based UIM Coverage

Date: May 30, 2025
Off-Road ATV Exclusion Upheld: State Farm Automobile v. Orlando Establishes Definition of “Motor Vehicle” for UMA-Based UIM Coverage 1. Introduction In State Farm Automobile Insurance Company v....
Reaffirming Circumstantial Evidence Sufficiency and Strickland Review in Child Sexual Abuse Post-Conviction Cases

Reaffirming Circumstantial Evidence Sufficiency and Strickland Review in Child Sexual Abuse Post-Conviction Cases

Date: May 30, 2025
Reaffirming Circumstantial Evidence Sufficiency and Strickland Review in Child Sexual Abuse Post-Conviction Cases Introduction Terry Eugene Break v. State of Arkansas, 2025 Ark. 95, is a...
Jane Does 1–5 v. Obiano: The TVPA Does Not Implicitly Abrogate Common-Law Foreign Official Immunity

Jane Does 1–5 v. Obiano: The TVPA Does Not Implicitly Abrogate Common-Law Foreign Official Immunity

Date: May 30, 2025
Jane Does 1–5 v. Obiano: The TVPA Does Not Implicitly Abrogate Common-Law Foreign Official Immunity Introduction In Jane Does 1–5 v. Obiano, No. 24-20075 (5th Cir. May 29, 2025), the Fifth Circuit...
The Salomon Upward-Departure Doctrine in Reciprocal Attorney Discipline

The Salomon Upward-Departure Doctrine in Reciprocal Attorney Discipline

Date: May 30, 2025
The Salomon Upward-Departure Doctrine in Reciprocal Attorney Discipline Introduction Matter of Salomon (2025 NY Slip Op 03255) concerns reciprocal attorney-discipline proceedings brought in New York...
Failure to Report Foreign Discipline as Aggravation Warranting an Upward Departure in Reciprocal Proceedings – Commentary on Matter of Osterbye (2025 NY Slip Op 03254)

Failure to Report Foreign Discipline as Aggravation Warranting an Upward Departure in Reciprocal Proceedings – Commentary on Matter of Osterbye (2025 NY Slip Op 03254)

Date: May 30, 2025
Failure to Report Foreign Discipline as Aggravation Warranting an Upward Departure in Reciprocal Proceedings – Commentary on Matter of Osterbye (2025 NY Slip Op 03254) 1. Introduction Matter of...
People v. Branton (2025): Defining the Outer Limits of CPL 245.20 – Why DOCCS Is Not “Under the Prosecution’s Control” for Automatic Discovery

People v. Branton (2025): Defining the Outer Limits of CPL 245.20 – Why DOCCS Is Not “Under the Prosecution’s Control” for Automatic Discovery

Date: May 30, 2025
People v. Branton (2025): Defining the Outer Limits of CPL 245.20 – Why DOCCS Is Not “Under the Prosecution’s Control” for Automatic Discovery Introduction In People v. Branton, 238 A.D.3d 1429 (3d...
Principles Governing Dismissal for Want of Prosecution and Rule 60(b) Relief: Griffiths v. Eggemeyer

Principles Governing Dismissal for Want of Prosecution and Rule 60(b) Relief: Griffiths v. Eggemeyer

Date: May 30, 2025
Principles Governing Dismissal for Want of Prosecution and Rule 60(b) Relief Introduction In Terri Griffiths v. Lorin Eggemeyer, 23-3253 & 24-1098 (7th Cir. May 29, 2025), the Seventh Circuit...
United States v. Ruston: Permissibility of Supervised-Release Search Conditions under §3583(d)

United States v. Ruston: Permissibility of Supervised-Release Search Conditions under §3583(d)

Date: May 30, 2025
United States v. Ruston: Permissibility of Supervised-Release Search Conditions under §3583(d) Introduction United States v. Ruston is a 2025 decision of the Tenth Circuit Court of Appeals that...
Reasonable Jurists Standard: Constructive Possession and Firearm Operability in §2254 Habeas Review

Reasonable Jurists Standard: Constructive Possession and Firearm Operability in §2254 Habeas Review

Date: May 30, 2025
Reasonable Jurists Standard: Constructive Possession and Firearm Operability in §2254 Habeas Review Introduction Jenkins v. Bridges is a decision of the United States Court of Appeals for the Tenth...
Jurisdiction Unaffected by Name Errors and Sentence Ambiguities: Limits on Habeas Corpus Relief

Jurisdiction Unaffected by Name Errors and Sentence Ambiguities: Limits on Habeas Corpus Relief

Date: May 30, 2025
Jurisdiction Unaffected by Name Errors and Sentence Ambiguities: Limits on Habeas Corpus Relief Introduction In State ex rel. Dodson v. Smith, Slip Opinion No. 2025-Ohio-1878, the Supreme Court of...
Permissibility of Lay Vehicle Identification and Prior Bad Acts Evidence: State v. Chandanoeuth Hay

Permissibility of Lay Vehicle Identification and Prior Bad Acts Evidence: State v. Chandanoeuth Hay

Date: May 30, 2025
Permissibility of Lay Vehicle Identification and Prior Bad Acts Evidence: State v. Chandanoeuth Hay Introduction State v. Chandanoeuth Hay was decided by the Supreme Court of Rhode Island on May 29,...
Clarifying Statutes of Limitations and Tolling in Federal Civil Rights Actions: Tice v. Wilson

Clarifying Statutes of Limitations and Tolling in Federal Civil Rights Actions: Tice v. Wilson

Date: May 30, 2025
Clarifying Statutes of Limitations and Tolling in Federal Civil Rights Actions: Tice v. Wilson Introduction James Robert Tice, proceeding pro se, filed a sprawling 600-page civil rights and related...
Completion‐of‐Services Trigger for Accounting Malpractice Statute of Limitations under NRS 11.2075

Completion‐of‐Services Trigger for Accounting Malpractice Statute of Limitations under NRS 11.2075

Date: May 30, 2025
Completion‐of‐Services Trigger for Accounting Malpractice Statute of Limitations under NRS 11.2075 Introduction In TRICARICHI v. PRICEWATERHOUSECOOPERS, LLP (Nos. 86317/87375/87835), the Supreme...
Statute of Limitations and Tolling in Accounting Malpractice: NRS 11.2075 Interpreted

Statute of Limitations and Tolling in Accounting Malpractice: NRS 11.2075 Interpreted

Date: May 30, 2025
Statute of Limitations and Tolling in Accounting Malpractice: NRS 11.2075 Interpreted Introduction In Tricarichi v. PricewaterhouseCoopers, LLP (Nos. 86317/87375/87835, May 29, 2025), the Supreme...
Clarification of Interim Suspension Due Process and Disbarment Sanction Protocols in Attorney Discipline

Clarification of Interim Suspension Due Process and Disbarment Sanction Protocols in Attorney Discipline

Date: May 30, 2025
Clarification of Interim Suspension Due Process and Disbarment Sanction Protocols in Attorney Discipline Introduction This commentary examines the landmark decision in Robert Brech, as Executive...
Federal Credit-Card Statutes Do Not Preempt State Bans on Cash-Discount Pricing

Federal Credit-Card Statutes Do Not Preempt State Bans on Cash-Discount Pricing

Date: May 30, 2025
Federal Credit-Card Statutes Do Not Preempt State Bans on Cash-Discount Pricing Introduction In Asociación de Detallistas de Gasolina de Puerto Rico, Inc. v. Commonwealth of Puerto Rico (1st Cir. May...
FINRA Arbitration Authority: Awarding Damages under Notice 10-39 and Attorneys’ Fees in Defamation Cases

FINRA Arbitration Authority: Awarding Damages under Notice 10-39 and Attorneys’ Fees in Defamation Cases

Date: May 30, 2025
FINRA Arbitration Authority: Awarding Damages under Notice 10-39 and Attorneys’ Fees in Defamation Cases Introduction In Key Investment Services LLC v. Oliver, 23-7326 (2d Cir. 2025), the Second...
Analyst Testimony Requirement for Forensic Evidence: Enforcing the Confrontation Clause in State v. Hall-Haught

Analyst Testimony Requirement for Forensic Evidence: Enforcing the Confrontation Clause in State v. Hall-Haught

Date: May 30, 2025
Analyst Testimony Requirement for Forensic Evidence: Enforcing the Confrontation Clause in State v. Hall-Haught Introduction State v. Hall-Haught is a landmark decision of the Washington Supreme...
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