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

But-For Causation Satisfies Inclusion of Prior Sentence under U.S.S.G. §4A1.2(e)(1)

Date: May 31, 2025

But-For Causation Satisfies Inclusion of Prior Sentence under U.S.S.G. §4A1.2(e)(1) Introduction The Sixth Circuit’s decision in United States v. Leonel Miller Hinojosa, Jr. (6th Cir. May 30, 2025)...

Propensity-Free Chain Reasoning for Intent Under Fed. R. Evid. 404(b) Affirmed in United States v. Johnson

Date: May 31, 2025

Propensity-Free Chain Reasoning for Intent Under Fed. R. Evid. 404(b) Affirmed in United States v. Johnson Introduction The Court of Appeals for the Seventh Circuit’s decision in United States v....

Inordinate Delay as a Trigger for § 2254 Exhaustion Exception: Lindsey v. Neal

Date: May 31, 2025

Inordinate Delay as a Trigger for § 2254 Exhaustion Exception: Lindsey v. Neal Introduction In Steven Lindsey v. Ron Neal, 7th Cir. No. 23-2789 (May 30, 2025), the United States Court of Appeals for...

Establishing the Temporal Boundaries of Protective Sweeps under the Fourth Amendment

Date: May 31, 2025

Establishing the Temporal Boundaries of Protective Sweeps under the Fourth Amendment Introduction United States v. Antoine Dwayne Riley, decided by the Sixth Circuit on May 30, 2025, addresses a...

Clarifying the Evidentiary Threshold for Monell §1983 Claims at Summary Judgment

Date: May 31, 2025

Clarifying the Evidentiary Threshold for Monell §1983 Claims at Summary Judgment 1. Introduction The Sixth Circuit’s decision in Bradford Gifford v. Hamilton County, Tennessee (25-5893, May 30, 2025)...

District Court Discretion in Competency Hearings and Waiver of Restitution Challenges Established in United States v. Barreto

Date: May 31, 2025

District Court Discretion in Competency Hearings and Waiver of Restitution Challenges Established in United States v. Barreto Introduction United States v. Barreto, 23-6799-cr (2d Cir. May 30, 2025),...

Facial Unconstitutionality of §3806: Apprendi Protections for ARD-Based Sentencing Enhancements

Date: May 31, 2025

Facial Unconstitutionality of §3806: Apprendi Protections for ARD-Based Sentencing Enhancements Introduction Commonwealth v. Shifflett, G., Aplt. (No. 26 MAP 2024), decided May 30, 2025 by the...

United States v. Peppers: Standards for Constructive Amendment, Hearsay Exception, and Post-Expiration Supervised Release Revocation

Date: May 31, 2025

United States v. Peppers: Standards for Constructive Amendment, Hearsay Exception, and Post-Expiration Supervised Release Revocation Introduction In United States v. Peppers, 10th Cir. No. 23-3112 &...

Industry Standards and Reasonable Basis in First-Party Claim Denials: El Dueno v. Mid-Century Insurance

Date: May 31, 2025

Industry Standards and Reasonable Basis in First-Party Claim Denials: El Dueno v. Mid-Century Insurance 1. Introduction The Tenth Circuit’s decision in El Dueno, LLC v. Mid-Century Insurance Company...

Mandating Expeditious Administration of Pennsylvania’s Instantaneous Firearms Background Checks

Date: May 31, 2025

Mandating Expeditious Administration of Pennsylvania’s Instantaneous Firearms Background Checks Introduction This case arises from a dispute over the Pennsylvania State Police’s (“PSP”) performance...

Extending the Inconsistent Verdicts Doctrine to Special Interrogatories

Date: May 31, 2025

Extending the Inconsistent Verdicts Doctrine to Special Interrogatories Introduction In Commonwealth v. Muhammad, the Pennsylvania Supreme Court considered whether the familiar “inconsistent...

Clarifying Trial Discretion and Warrant Particularity: Expert Witness Designation and Vehicle Search in Marquez v. Wyoming

Date: May 31, 2025

Clarifying Trial Discretion and Warrant Particularity: Expert Witness Designation and Vehicle Search in Marquez v. Wyoming Introduction This commentary examines the Supreme Court of Wyoming’s...

Clarifying the One-Year Limitation and Tolling in Nebraska Postconviction Relief: State v. Trail

Date: May 31, 2025

Clarifying the One-Year Limitation and Tolling in Nebraska Postconviction Relief: State v. Trail Introduction State v. Trail, 319 Neb. 84 (2025), represents a landmark pronouncement by the Nebraska...

Belhak v. Smith: Clarifying Causation Evidence and Trial-Misconduct Review in Medical Negligence

Date: May 31, 2025

Belhak v. Smith: Clarifying Causation Evidence and Trial-Misconduct Review in Medical Negligence Introduction In Fatima E. Belhak and Abdellatif Elfila v. Denice Smith, M.D., and Women's Care...

Enforcing Diligence in Civil Litigation: Upholding Dismissal for Want of Prosecution and Rigorous Standards for Excusable Neglect

Date: May 30, 2025

Enforcing Diligence in Civil Litigation: Upholding Dismissal for Want of Prosecution and Rigorous Standards for Excusable Neglect 1. Introduction Terri Griffiths v. Lorin Eggemeyer (7th Cir. May 29,...

Triggering of the §1182(h) Waiver Stop-Time Rule Upon Initiation of Proceedings: Niz-Chavez Does Not Apply

Date: May 30, 2025

Triggering of the §1182(h) Waiver Stop-Time Rule Upon Initiation of Proceedings: Niz-Chavez Does Not Apply Introduction Nakia Courtney Hamilton, a Jamaican national and lawful permanent resident of...

Public Reprimand for Practicing Law During Interim Suspension Amid Mental-Health Crisis: Columbus Bar Assn. v. Bryant

Date: May 30, 2025

Public Reprimand for Practicing Law During Interim Suspension Amid Mental-Health Crisis: Columbus Bar Assn. v. Bryant Introduction In Columbus Bar Assn. v. Bryant (2025-Ohio-1879), the Supreme Court...

Exclusion of Metropolitan Police Departments from Nevada’s Judicial Confirmation Law and the NPRA’s Exclusive Public Records Remedy

Date: May 30, 2025

Exclusion of Metropolitan Police Departments from Nevada’s Judicial Confirmation Law and the NPRA’s Exclusive Public Records Remedy Introduction In In re: Public Records Request to Las Vegas Metro....

Fit Natural Parent Presumption Trumps Nonrelative Custody: Oxley v. Lumpkins

Date: May 30, 2025

Fit Natural Parent Presumption Trumps Nonrelative Custody: Oxley v. Lumpkins Introduction In Zachary M. Oxley v. Larry Ray Lumpkins (2025 Ark. 98), the Supreme Court of Arkansas addressed a novel...

Judicial Review as a “Special Proceeding” under NRS 18.020(4): Recoverability, Apportionment, and Cost Accrual

Date: May 30, 2025

Judicial Review as a “Special Proceeding” under NRS 18.020(4): Recoverability, Apportionment, and Cost Accrual Introduction In In re: D.O.T. Litigation, the Supreme Court of Nevada considered whether...

Previous Next

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

We use cookies to improve your experience