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

Virtual Certainty Standard for Latent Disease Under Washington's Industrial Insurance Act

Virtual Certainty Standard for Latent Disease Under Washington's Industrial Insurance Act

Date: May 30, 2025
Virtual Certainty Standard for Latent Disease Under Washington's Industrial Insurance Act Introduction Cockrum v. C.H. Murphy/Clark-Ullman, Inc. (Howmet Aerospace, Inc.) marks a pivotal shift in...
Jurisdictional Limits on State Interlocutory Appeals Under Ark. R. App. P.-Crim. 3(a)

Jurisdictional Limits on State Interlocutory Appeals Under Ark. R. App. P.-Crim. 3(a)

Date: May 30, 2025
Jurisdictional Limits on State Interlocutory Appeals Under Ark. R. App. P.-Crim. 3(a) Introduction The case of State of Arkansas v. Ronald Russell (2025 Ark. 89) arises from a pretrial order in a...
Statute of Limitations in Accounting Malpractice: Accrual at Service Completion or Inquiry Notice; Standards for NRCP 60(b) and 68 Awards

Statute of Limitations in Accounting Malpractice: Accrual at Service Completion or Inquiry Notice; Standards for NRCP 60(b) and 68 Awards

Date: May 30, 2025
Statute of Limitations in Accounting Malpractice: Accrual at Service Completion or Inquiry Notice; Standards for NRCP 60(b) and 68 Awards Introduction In Tricarichi v. PricewaterhouseCoopers, LLP...
“Directory, Not Mandatory” – The 20-Day Hearing Rule under 12 NYCRR 300.23(b)(2) Re-Defined

“Directory, Not Mandatory” – The 20-Day Hearing Rule under 12 NYCRR 300.23(b)(2) Re-Defined

Date: May 30, 2025
“Directory, Not Mandatory” – The 20-Day Hearing Rule under 12 NYCRR 300.23(b)(2) Re-Defined Introduction In Matter of Juncal v. Maspeth Remodeling Co., 238 A.D.3d 1441 (3d Dep’t 2025), the Appellate...
Affirming Disarmament of Domestic Violence Misdemeanants: Constitutional Validity of 18 U.S.C. § 922(g)(9)

Affirming Disarmament of Domestic Violence Misdemeanants: Constitutional Validity of 18 U.S.C. § 922(g)(9)

Date: May 29, 2025
Affirming Disarmament of Domestic Violence Misdemeanants: Constitutional Validity of 18 U.S.C. § 922(g)(9) Introduction The Tenth Circuit’s decision in United States v. Jackson (No. 23-6047, 2025)...
Refining Confession Admissibility: Interpreting “Slightest Hope of Benefit” and “Remotest Fear of Injury” under OCGA § 24-8-824

Refining Confession Admissibility: Interpreting “Slightest Hope of Benefit” and “Remotest Fear of Injury” under OCGA § 24-8-824

Date: May 29, 2025
Refining Confession Admissibility: Interpreting “Slightest Hope of Benefit” and “Remotest Fear of Injury” under OCGA § 24-8-824 Introduction In Short v. State, decided May 28, 2025, the Supreme Court...
Qualified Immunity for Lethal Force on Reasonably Perceived Armed Threat

Qualified Immunity for Lethal Force on Reasonably Perceived Armed Threat

Date: May 29, 2025
Qualified Immunity for Lethal Force on Reasonably Perceived Armed Threat Introduction Cruz v. City of Deming is a 2025 decision of the United States Court of Appeals for the Tenth Circuit addressing...
Pro Se Representation Limits and Pleading Standards in §1983 and Federal Anti-Discrimination Actions: Wells v. East Baton Rouge Sch Sys

Pro Se Representation Limits and Pleading Standards in §1983 and Federal Anti-Discrimination Actions: Wells v. East Baton Rouge Sch Sys

Date: May 29, 2025
Pro Se Representation Limits and Pleading Standards in §1983 and Federal Anti-Discrimination Actions Introduction Wells v. East Baton Rouge School System, decided May 28, 2025 by the United States...
Unreviewable Discretion of the NLRB General Counsel to Withdraw Complaints Pre-Hearing

Unreviewable Discretion of the NLRB General Counsel to Withdraw Complaints Pre-Hearing

Date: May 29, 2025
Unreviewable Discretion of the NLRB General Counsel to Withdraw Complaints Pre-Hearing Introduction United Natural Foods, Inc. (“UNFI”) brought charges under the National Labor Relations Act (NLRA)...
Exclusivity Requirement of Paragraph V: Suits for Declaratory Relief Must Be Brought Against the County Alone

Exclusivity Requirement of Paragraph V: Suits for Declaratory Relief Must Be Brought Against the County Alone

Date: May 29, 2025
Exclusivity Requirement of Georgia Constitution Article I, Section II, Paragraph V: Declaratory Relief Actions Must Be Brought Exclusively Against the County Introduction In Tussahaw Reserves, LLC et...
Originating Creditors as FDCPA Exempt Entities: Defining “Debt Collector” Under 15 U.S.C. § 1692a(6)

Originating Creditors as FDCPA Exempt Entities: Defining “Debt Collector” Under 15 U.S.C. § 1692a(6)

Date: May 29, 2025
Originating Creditors as FDCPA Exempt Entities: Defining “Debt Collector” Under 15 U.S.C. § 1692a(6) Introduction Bradley James Albert, a pro se plaintiff, brought suit in the Northern District of...
Clarifying “Absconded Supervision” in Probation Revocation: Standards for Reporting and Treatment Compliance

Clarifying “Absconded Supervision” in Probation Revocation: Standards for Reporting and Treatment Compliance

Date: May 29, 2025
Clarifying “Absconded Supervision” in Probation Revocation: Standards for Reporting and Treatment Compliance Introduction In State of West Virginia v. Douglas G. Hill, Jr., No. 23-368 (W. Va. May 28,...
Spinoff Carve-Out for Equity Award Amendments and Demand Futility Clarified by Delaware Supreme Court

Spinoff Carve-Out for Equity Award Amendments and Demand Futility Clarified by Delaware Supreme Court

Date: May 29, 2025
Spinoff Carve-Out for Equity Award Amendments and Demand Futility Clarified by Delaware Supreme Court Introduction This commentary examines the Supreme Court of Delaware’s decision in Vladimir...
Establishing Sentencing Causation and Justifying Upward Variances When a Victim’s Death Is Deemed Contributory

Establishing Sentencing Causation and Justifying Upward Variances When a Victim’s Death Is Deemed Contributory

Date: May 29, 2025
Establishing Sentencing Causation and Justifying Upward Variances When a Victim’s Death Is Deemed Contributory 1. Introduction The First Circuit’s decision in United States v. Rosario-Ramos (No....
Reasonable Response Time Under Ohio’s Public Records Act in High-Volume Contexts

Reasonable Response Time Under Ohio’s Public Records Act in High-Volume Contexts

Date: May 29, 2025
Reasonable Response Time Under Ohio’s Public Records Act in High-Volume Contexts Introduction In State ex rel. Robinson v. Wesson, Slip Opinion No. 2025-Ohio-1874 (May 28, 2025), the Supreme Court of...
Autonomy in Firearm Regulation Under Georgia’s Constitution: Upholding Paragraph VIII’s “Manner Clause”

Autonomy in Firearm Regulation Under Georgia’s Constitution: Upholding Paragraph VIII’s “Manner Clause”

Date: May 29, 2025
Autonomy in Firearm Regulation Under Georgia’s Constitution: Upholding Paragraph VIII’s “Manner Clause” 1. Introduction Stephens v. State of Georgia, decided May 28, 2025 by the Supreme Court of...
Beyond Expiration: Appellate Review of Expired Extreme Risk Protection Orders – A Commentary on Matter of Orangetown Police Dept. v. Cashell

Beyond Expiration: Appellate Review of Expired Extreme Risk Protection Orders – A Commentary on Matter of Orangetown Police Dept. v. Cashell

Date: May 29, 2025
Beyond Expiration: Appellate Review of Expired Extreme Risk Protection Orders – A Commentary on Matter of Orangetown Police Dept. v. Cashell 1. Introduction In Matter of Orangetown Police Department...
Montgomery v. King: Prejudice Requirement for Rule 11 Advisement of Supervised Release

Montgomery v. King: Prejudice Requirement for Rule 11 Advisement of Supervised Release

Date: May 29, 2025
Montgomery v. King: Prejudice Requirement for Rule 11 Advisement of Supervised Release Introduction In Ryan Lloyd Montgomery v. Timothy King, Superintendent, Southwestern Regional Jail and...
Anderson v. Divris: Successive Habeas Petitions and Ineffective-Assistance Claims Against Prior Counsel

Anderson v. Divris: Successive Habeas Petitions and Ineffective-Assistance Claims Against Prior Counsel

Date: May 29, 2025
Anderson v. Divris: Successive Habeas Petitions and Ineffective-Assistance Claims Against Prior Counsel Introduction This case arises on Bruce Anderson’s federal habeas challenge to his Massachusetts...
Limits on Title VII Remedies and ADEA Eligibility for Retired Annuitants in Federal Employment: Laber v. Hegseth

Limits on Title VII Remedies and ADEA Eligibility for Retired Annuitants in Federal Employment: Laber v. Hegseth

Date: May 29, 2025
Limits on Title VII Remedies and ADEA Eligibility for Retired Annuitants in Federal Employment: Laber v. Hegseth Introduction Laber v. Hegseth, No. 23-3157 (10th Cir. May 28, 2025), arises from a pro...
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