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

First Circuit Holds “Extraordinary Circumstances” Excuses for Untimely Asylum Are Unreviewable Discretionary Judgments After Wilkinson

Date: Sep 24, 2025

First Circuit Holds “Extraordinary Circumstances” Excuses for Untimely Asylum Are Unreviewable Discretionary Judgments After Wilkinson Introduction In Zapet-Alvarado v. Bondi, the First Circuit...

"Hours Paid" Means Compensated Hours, Not Overtime-Inflated Hours: Third Circuit Clarifies CBA Contribution Bases Under ERISA § 515

Date: Sep 24, 2025

"Hours Paid" Means Compensated Hours, Not Overtime-Inflated Hours: Third Circuit Clarifies CBA Contribution Bases Under ERISA § 515 Court: U.S. Court of Appeals for the Third Circuit (not...

"Hours Paid" Means Compensated Hours, Not Overtime Multipliers: The Third Circuit’s Textual Clarification for ERISA Multiemployer Contributions

Date: Sep 24, 2025

"Hours Paid" Means Compensated Hours, Not Overtime Multipliers: The Third Circuit’s Textual Clarification for ERISA Multiemployer Contributions Court: U.S. Court of Appeals for the Third Circuit (Not...

Anchoring Criminal History to the Offense of Conviction: Third Circuit Rejects Relevant-Conduct Start Date for §4A1.2(e) Look-Back in United States v. Josey

Date: Sep 24, 2025

Anchoring Criminal History to the Offense of Conviction: Third Circuit Rejects Relevant-Conduct Start Date for §4A1.2(e) Look-Back in United States v. Josey Introduction In a precedential opinion...

No Standalone Due‑Process Right to Obtain DNA Electronic Files Outside Court‑Supervised Habeas Discovery: The Fifth Circuit’s Decision in In re Blaine Milam

Date: Sep 24, 2025

No Standalone Due‑Process Right to Obtain DNA Electronic Files Outside Court‑Supervised Habeas Discovery: The Fifth Circuit’s Decision in In re Blaine Milam Introduction In a consolidated capital...

No Due Process Right to Pre‑Habeas Access to Raw DNA Data: Fifth Circuit Upholds Texas’s Court‑Controlled Postconviction Discovery Regime and Rejects § 1983 Mandamus

Date: Sep 24, 2025

No Due Process Right to Pre‑Habeas Access to Raw DNA Data: Fifth Circuit Upholds Texas’s Court‑Controlled Postconviction Discovery Regime and Rejects § 1983 Mandamus Introduction In Milam v....

Unsealing During Appeal: Fourth Circuit Confirms First Amendment Access to Summary‑Judgment Video Exhibits and Treats Motions to Unseal as Collateral

Date: Sep 24, 2025

Unsealing During Appeal: Fourth Circuit Confirms First Amendment Access to Summary‑Judgment Video Exhibits and Treats Motions to Unseal as Collateral Introduction In Gray Media Group, Inc. v....

Trust-Fund Withholdings as “Income from Criminal Activity” Under U.S.S.G. § 2T1.1(b)(1): Fourth Circuit (Unpublished) Affirms Enhancement and Orders Full Resentencing for Rogers Error

Date: Sep 24, 2025

Trust-Fund Withholdings as “Income from Criminal Activity” Under U.S.S.G. § 2T1.1(b)(1): Fourth Circuit (Unpublished) Affirms Enhancement and Orders Full Resentencing for Rogers Error Introduction...

Uncorroborated Recantations Do Not Justify Coram Nobis: Second Circuit Affirms Denial Without Evidentiary Hearing in Nkansah v. United States

Date: Sep 24, 2025

Uncorroborated Recantations Do Not Justify Coram Nobis: Second Circuit Affirms Denial Without Evidentiary Hearing in Nkansah v. United States Court: U.S. Court of Appeals for the Second Circuit...

Oppedisano v. Zur: Second Circuit Reaffirms Loss‑Sharing as Indispensable to Implied Partnerships Under New York Law and Rejects Declaratory Workarounds to Unjust Enrichment Time Bars

Date: Sep 24, 2025

Oppedisano v. Zur: Second Circuit Reaffirms Loss‑Sharing as Indispensable to Implied Partnerships Under New York Law and Rejects Declaratory Workarounds to Unjust Enrichment Time Bars Note: The...

Foreseeability of Co‑Conspirator Death Threats and Broad Electronic‑Device Search Conditions: The Second Circuit’s Summary Affirmance in United States v. Deloatch

Date: Sep 24, 2025

Foreseeability of Co‑Conspirator Death Threats and Broad Electronic‑Device Search Conditions: The Second Circuit’s Summary Affirmance in United States v. Deloatch Note: This decision is a Second...

“Sensitive Places” in the Modern City: Times Square and Public Transit Upheld; Open-Carry Bans and City-Specific Permits Presumptively Constitutional after Bruen

Date: Sep 24, 2025

“Sensitive Places” in the Modern City: Times Square and Public Transit Upheld; Open-Carry Bans and City-Specific Permits Presumptively Constitutional after Bruen Introduction In Frey v. City of New...

Entwinement Doesn’t Reach Party Identity: Eleventh Circuit Affirms District Courts May Resolve Disputed LLC Membership on a Rule 12(b)(1) Factual Attack to Determine Diversity

Date: Sep 24, 2025

Entwinement Doesn’t Reach Party Identity: Eleventh Circuit Affirms District Courts May Resolve Disputed LLC Membership on a Rule 12(b)(1) Factual Attack to Determine Diversity Introduction In...

No Third-Party Dissemination and Self-Imposed Decisions Do Not Create Article III Standing in FCRA Disputes

Date: Sep 24, 2025

No Third-Party Dissemination and Self-Imposed Decisions Do Not Create Article III Standing in FCRA Disputes Introduction In Lashonda Peeples v. National Data Research, Inc. (d.b.a. Integrascan), No....

De Novo Review for Rule 59(J) “Clearly Erroneous” Motions and Limits on Using Video/Intoxication to Prove Contributory Negligence as a Matter of Law

Date: Sep 16, 2025

De Novo Review for Rule 59(J) “Clearly Erroneous” Motions and Limits on Using Video/Intoxication to Prove Contributory Negligence as a Matter of Law Introduction In Indianapolis Public Transportation...

Unsworn Statements Cannot Create Fact Disputes, But May Prompt Rule 56(e) Cure Orders: Third Circuit’s Precedential Clarification in Lauria v. Lieb

Date: Sep 13, 2025

Unsworn Statements Cannot Create Fact Disputes, But May Prompt Rule 56(e) Cure Orders: The Third Circuit’s Precedential Clarification in Lauria v. Lieb Introduction In a precedential opinion, the...

United States v. Mosley: Post-Esteras boundaries on revocation sentencing—no § 3553(a)(2)(A) retribution, “ballpark” deference, and unified justification for prison and supervision

Date: Sep 13, 2025

United States v. Mosley: Post-Esteras boundaries on revocation sentencing—no § 3553(a)(2)(A) retribution, “ballpark” deference, and unified justification for prison and supervision Introduction In...

Lake v. State: Late-Disclosed Impeachment Evidence During Trial Is Not Brady “Suppression,” and Child-Witness Competency Turns on Mental Ability, Not Detailed Recall

Date: Sep 13, 2025

Lake v. State: Late-Disclosed Impeachment Evidence During Trial Is Not Brady “Suppression,” and Child-Witness Competency Turns on Mental Ability, Not Detailed Recall Introduction In Justin Scott Lake...

First Circuit Clarifies INA Parole Authority: “Case‑by‑Case” Limits Grants, Not Termination; DHS May Categorically End and Revoke Parole Programs

Date: Sep 13, 2025

First Circuit Clarifies INA Parole Authority: “Case‑by‑Case” Limits Grants, Not Termination; DHS May Categorically End and Revoke Parole Programs Introduction Doe v. Noem addresses the scope of the...

Lascivious Exhibition Instructions May Include Defendant’s Intent; Sentence Affirmed via Assumed-Error Harmlessness — United States v. Tatum (4th Cir. 2025)

Date: Sep 13, 2025

Lascivious Exhibition Instructions May Include Defendant’s Intent; Sentence Affirmed via Assumed-Error Harmlessness — United States v. Tatum (4th Cir. 2025) Note: This is an unpublished Fourth...

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