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

State of West Virginia v. Phillips: Upholding Fair Trial Standards and Clarifying Imperfect Self-Defense

State of West Virginia v. Phillips: Upholding Fair Trial Standards and Clarifying Imperfect Self-Defense

Date: May 29, 2025
State of West Virginia v. Phillips: Upholding Fair Trial Standards and Clarifying Imperfect Self-Defense Introduction State of West Virginia v. Joshua Marcellus Phillips was decided by the Supreme...
Limitations on Sanctions for Frivolous RICO Claims Post-Removal: Clarifying Rule 11, § 1927, and Inherent Power in Jobar Holding Corp. v. Halio

Limitations on Sanctions for Frivolous RICO Claims Post-Removal: Clarifying Rule 11, § 1927, and Inherent Power in Jobar Holding Corp. v. Halio

Date: May 29, 2025
Limitations on Sanctions for Frivolous RICO Claims Post-Removal: Clarifying Rule 11, § 1927, and Inherent Power in Jobar Holding Corp. v. Halio Introduction This commentary examines the United States...
Clarification of Damages Certainty Requirement and Discretionary Attorney’s Fees in Breach of Contract Cases

Clarification of Damages Certainty Requirement and Discretionary Attorney’s Fees in Breach of Contract Cases

Date: May 29, 2025
Clarification of Damages Certainty Requirement and Discretionary Attorney’s Fees in Breach of Contract Cases Introduction In Rick Holloway and John Hoskin v. Hidden Creek Outfitters, LLC and Park...
Clarifying Prejudice in Ineffective Assistance Claims: Collateral Injury Evidence and Extreme Indifference

Clarifying Prejudice in Ineffective Assistance Claims: Collateral Injury Evidence and Extreme Indifference

Date: May 29, 2025
Clarifying Prejudice in Ineffective Assistance Claims: Collateral Injury Evidence and Extreme Indifference Introduction Mitchell Rivers v. State of South Carolina (No. 28285, May 28, 2025) addresses...
Ohio Supreme Court Restricts Statutory Damages in Public-Records Mandamus: State ex rel. Robinson v. Wesson

Ohio Supreme Court Restricts Statutory Damages in Public-Records Mandamus: State ex rel. Robinson v. Wesson

Date: May 29, 2025
Ohio Supreme Court Restricts Statutory Damages in Public-Records Mandamus: State ex rel. Robinson v. Wesson Introduction The Supreme Court of Ohio’s May 28, 2025 announcement in State ex rel....
License Revocation by Consent under SCR 22.19 for Criminal Acts Reflecting on Lawyer Fitness

License Revocation by Consent under SCR 22.19 for Criminal Acts Reflecting on Lawyer Fitness

Date: May 29, 2025
License Revocation by Consent under SCR 22.19 for Criminal Acts Reflecting on Lawyer Fitness Introduction In Office of Lawyer Regulation v. Leslie M. Smith, 2025 WI 19, the Supreme Court of Wisconsin...
Strickland Prejudice Standard in §2255 Proceedings: When Evidentiary Hearings Are Unnecessary

Strickland Prejudice Standard in §2255 Proceedings: When Evidentiary Hearings Are Unnecessary

Date: May 29, 2025
Strickland Prejudice Standard in §2255 Proceedings: When Evidentiary Hearings Are Unnecessary Introduction The case of United States v. Jim arises from a pro se §2255 collateral attack by federal...
Montes-Vidal v. NYS Thruway Authority: Re-Defining Owner Liability Under Labor Law
§§ 200, 240(1) & 241(6) Where Adequate Safety Devices and No Supervisory Control Exist

Montes-Vidal v. NYS Thruway Authority: Re-Defining Owner Liability Under Labor Law §§ 200, 240(1) & 241(6) Where Adequate Safety Devices and No Supervisory Control Exist

Date: May 29, 2025
Montes-Vidal v. New York State Thruway Authority (2025) Introduction The Appellate Division, Second Department’s decision in Montes-Vidal v. New York State Thruway Authority, 238 A.D.3d 1131 (2025)...
“Any Action” Includes Probate Appeals:  Rutherford v. Slagle and the Availability of Summary Judgment in De-Novo Probate Proceedings

“Any Action” Includes Probate Appeals: Rutherford v. Slagle and the Availability of Summary Judgment in De-Novo Probate Proceedings

Date: May 28, 2025
“Any Action” Includes Probate Appeals: Rutherford v. Slagle and the Availability of Summary Judgment in De-Novo Probate Proceedings 1. Introduction In Rutherford v. Slagle, 349 Conn. ___ (May 27,...
From Season to Season: Connecticut Supreme Court Bars Year-Round Expansion of Seasonal Non-Conforming Uses

From Season to Season: Connecticut Supreme Court Bars Year-Round Expansion of Seasonal Non-Conforming Uses

Date: May 28, 2025
From Season to Season: Connecticut Supreme Court Bars Year-Round Expansion of Seasonal Non-Conforming Uses Introduction In High Watch Recovery Center, Inc. v. Planning & Zoning Commission (May 27,...
Subjective Evaluation and Post-Hoc Pretext: Sixth Circuit’s Clarification of Evidence Sufficiency in Title VII Promotion Discrimination Claims

Subjective Evaluation and Post-Hoc Pretext: Sixth Circuit’s Clarification of Evidence Sufficiency in Title VII Promotion Discrimination Claims

Date: May 28, 2025
Subjective Evaluation and Post-Hoc Pretext: Sixth Circuit’s Clarification of Evidence Sufficiency in Title VII Promotion Discrimination Claims Introduction In Gayann Miller v. Suburban Mobility...
Limits on Third-Party Standing: Requirement of Close Relationship and Enforcement in Gelb v. Niblack

Limits on Third-Party Standing: Requirement of Close Relationship and Enforcement in Gelb v. Niblack

Date: May 28, 2025
Limits on Third-Party Standing: Requirement of Close Relationship and Enforcement in Gelb v. Niblack Introduction In Gelb v. Niblack, 24-2371 (2d Cir. May 27, 2025), pro se plaintiff Bernard Gelb...
Clarifying the Elements and Limits of Intimidation: State v. T. Dellar

Clarifying the Elements and Limits of Intimidation: State v. T. Dellar

Date: May 28, 2025
Clarifying the Elements and Limits of Intimidation: State v. T. Dellar Introduction State of Montana v. Tommy Jonathan Seth Dellar, decided May 27, 2025, by the Supreme Court of Montana, establishes...
Application of the Plain View Doctrine to Flashlight‐Illuminated Vehicle Searches and Multiple UPIS Convictions

Application of the Plain View Doctrine to Flashlight‐Illuminated Vehicle Searches and Multiple UPIS Convictions

Date: May 28, 2025
Application of the Plain View Doctrine to Flashlight‐Illuminated Vehicle Searches and Multiple UPIS Convictions Introduction State v. Roberts, 2025 MT 110 (Mont. 2025), presents two interrelated...
Reaffirming Reinstatement Standards Under SCR 22.305: Office of Lawyer Regulation v. Rosin

Reaffirming Reinstatement Standards Under SCR 22.305: Office of Lawyer Regulation v. Rosin

Date: May 28, 2025
Reaffirming Reinstatement Standards Under SCR 22.305: Office of Lawyer Regulation v. Rosin Introduction Office of Lawyer Regulation v. Kevin R. Rosin, 2025 WI 18, is a Supreme Court of Wisconsin...
Strict Application of Six-Factor Test under WV Code § 23-4-1(f) for Ordinary Disease Compensation

Strict Application of Six-Factor Test under WV Code § 23-4-1(f) for Ordinary Disease Compensation

Date: May 28, 2025
Strict Application of Six-Factor Test under WV Code § 23-4-1(f) for Ordinary Disease Compensation Introduction This commentary examines the dissenting opinion in Brittany Foster v. PrimeCare Medical...
Suspension Standard for Judicial Misconduct: Impartiality, Decorum, and Public Confidence Established in Wisconsin v. Berz (2025 WI 17)

Suspension Standard for Judicial Misconduct: Impartiality, Decorum, and Public Confidence Established in Wisconsin v. Berz (2025 WI 17)

Date: May 28, 2025
Suspension Standard for Judicial Misconduct: Impartiality, Decorum, and Public Confidence Established in Wisconsin v. Berz (2025 WI 17) Introduction The Supreme Court of Wisconsin’s decision in...
Establishing the Comparator for “Excessive Demands” Under the EAJA

Establishing the Comparator for “Excessive Demands” Under the EAJA

Date: May 28, 2025
Establishing the Comparator for “Excessive Demands” Under the EAJA Introduction SEC v. Lemelson is a First Circuit decision clarifying how courts must apply the “excessive demand” provision of the...
Intrastate State-Legal Marijuana Commerce Remains Subject to Federal Regulation Under the Commerce Clause

Intrastate State-Legal Marijuana Commerce Remains Subject to Federal Regulation Under the Commerce Clause

Date: May 28, 2025
Intrastate State-Legal Marijuana Commerce Remains Subject to Federal Regulation Under the Commerce Clause Introduction Canna Provisions, Inc. v. Bondi is a First Circuit decision handed down on May...
Expressio Unius Exclusio: Omission of “Successors and Assigns” Language Precludes Covenants from Running with the Land

Expressio Unius Exclusio: Omission of “Successors and Assigns” Language Precludes Covenants from Running with the Land

Date: May 28, 2025
Expressio Unius Exclusio: Omission of “Successors and Assigns” Language Precludes Covenants from Running with the Land Introduction Snowshoe Mountain, Inc. v. Ruby Dog Holdings, LLC (4th Cir. May 27,...
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