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

“The Alzate Doctrine” – Repeated Omissions about Prior Injuries Justify Permanent Disqualification under Workers' Compensation Law § 114-a

“The Alzate Doctrine” – Repeated Omissions about Prior Injuries Justify Permanent Disqualification under Workers' Compensation Law § 114-a

Date: May 30, 2025
“The Alzate Doctrine” – Repeated Omissions about Prior Injuries Justify Permanent Disqualification under Workers' Compensation Law § 114-a 1. Introduction Case: Matter of Alzate v. Quality Building...
Exclusionary Rule Under Utah’s EIDPA: Federal Subpoenas and State Evidence Sharing

Exclusionary Rule Under Utah’s EIDPA: Federal Subpoenas and State Evidence Sharing

Date: May 30, 2025
Exclusionary Rule Under Utah’s EIDPA: Federal Subpoenas and State Evidence Sharing Introduction State v. Andrus (2025 UT 15) is a landmark decision by the Supreme Court of Utah addressing the scope...
Third Circuit Clarifies Title IX Zone-of-Interests for Non-Student, Non-Employee Plaintiffs

Third Circuit Clarifies Title IX Zone-of-Interests for Non-Student, Non-Employee Plaintiffs

Date: May 30, 2025
Third Circuit Clarifies Title IX Zone-of-Interests for Non-Student, Non-Employee Plaintiffs Introduction In Jennifer Oldham v. Penn State University, 22-2056 (3d Cir. May 29, 2025), the Third Circuit...
Clarification of “Conscious Indifference” Standard in Preliminary Hearing Continuances – State v. Trinh

Clarification of “Conscious Indifference” Standard in Preliminary Hearing Continuances – State v. Trinh

Date: May 30, 2025
Clarification of “Conscious Indifference” Standard in Preliminary Hearing Continuances Introduction The Supreme Court of Nevada’s decision in State v. Trinh (2025) addresses the procedural safeguards...
Mississippi Supreme Court Defines Joinder and Consolidation Criteria for Multi-Party Mass-Tort Settlement-Fund Disputes

Mississippi Supreme Court Defines Joinder and Consolidation Criteria for Multi-Party Mass-Tort Settlement-Fund Disputes

Date: May 30, 2025
Mississippi Supreme Court Defines Joinder and Consolidation Criteria for Multi-Party Mass-Tort Settlement-Fund Disputes Introduction The Supreme Court of Mississippi’s decision in Freese, Goss &...
Affirming First-Degree Murder Convictions: Weight-of-Evidence Standard and Creduality in Recanted Confessions

Affirming First-Degree Murder Convictions: Weight-of-Evidence Standard and Creduality in Recanted Confessions

Date: May 30, 2025
Affirming First-Degree Murder Convictions: Weight-of-Evidence Standard and Credibility in Recanted Confessions Introduction The Supreme Court of Mississippi’s decision in Keith Coleman, Jr. a/k/a K2...
Expert Recklessness, Imperfect Self-Defense, and Plain Error: United States v. Maryboy

Expert Recklessness, Imperfect Self-Defense, and Plain Error: United States v. Maryboy

Date: May 30, 2025
Expert Recklessness, Imperfect Self-Defense, and Plain Error: United States v. Maryboy Introduction United States v. Maryboy, 23-4117 (10th Cir. May 29, 2025), presents two intertwined questions...
House v. Long: Establishing the “Reasonable Jurists” Threshold for Certificate of Appealability

House v. Long: Establishing the “Reasonable Jurists” Threshold for Certificate of Appealability

Date: May 30, 2025
House v. Long: Establishing the “Reasonable Jurists” Threshold for Certificate of Appealability Introduction In House v. Long, 10th Cir. No. 25-1119 (May 29, 2025), the United States Court of Appeals...
Reasonableness of Minimal Force to Secure a Non-Compliant Suspect in the Patrol Car

Reasonableness of Minimal Force to Secure a Non-Compliant Suspect in the Patrol Car

Date: May 30, 2025
Reasonableness of Minimal Force to Secure a Non-Compliant Suspect in the Patrol Car Introduction Jalen Bass v. Roland Jones, Jr. (No. 25-10261), decided May 29, 2025, by the United States Court of...
Virginia Common Law Refusal to Adopt the Adequate Assurance Doctrine

Virginia Common Law Refusal to Adopt the Adequate Assurance Doctrine

Date: May 30, 2025
Virginia Common Law Refusal to Adopt the Adequate Assurance Doctrine Introduction Under Wild Skies, Inc. v. National Rifle Association of America, 304 Va. ___ (2025), presented to the Supreme Court...
“Acute Worsening” as an Emergency: Cahill v. NYS Dept. of Mental Hygiene and the Expansion of the §13-a(5) Exception

“Acute Worsening” as an Emergency: Cahill v. NYS Dept. of Mental Hygiene and the Expansion of the §13-a(5) Exception

Date: May 30, 2025
“Acute Worsening” as an Emergency: Matter of Cahill v. New York State Dept. of Mental Hygiene (2025) and the Expanded Emergency Exception under Workers’ Compensation Law § 13-a(5) Introduction The...
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....
Harmless-Error Review for Post-Invocation Waivers in Commonwealth v. Paxton

Harmless-Error Review for Post-Invocation Waivers in Commonwealth v. Paxton

Date: May 30, 2025
Harmless-Error Review for Post-Invocation Waivers in Commonwealth v. Paxton Introduction Commonwealth v. Paxton, decided May 29, 2025 by the Supreme Court of Virginia, addresses a core question in...
Informal Directives Fulfill RCW 49.48.040(1)(b): Redefining “Order the Payment”

Informal Directives Fulfill RCW 49.48.040(1)(b): Redefining “Order the Payment”

Date: May 30, 2025
Informal Directives Fulfill RCW 49.48.040(1)(b): Redefining “Order the Payment” Introduction Department of Labor & Industries v. Cannabis Green, LLC, 2025 Wash. LEXIS 102922-5, is a landmark Supreme...
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...
Lavoyce Wilder v. State of Arkansas: Clarifying Procedural Bars and Ineffective Assistance Standards in Rule 37.1 Postconviction Relief

Lavoyce Wilder v. State of Arkansas: Clarifying Procedural Bars and Ineffective Assistance Standards in Rule 37.1 Postconviction Relief

Date: May 30, 2025
Lavoyce Wilder v. State of Arkansas: Clarifying Procedural Bars and Ineffective Assistance Standards in Rule 37.1 Postconviction Relief Introduction In Lavoyce Wilder v. State of Arkansas (2025 Ark....
Arkansas Test for Judicial Gag Orders: Clarifying Prior Restraint Standards

Arkansas Test for Judicial Gag Orders: Clarifying Prior Restraint Standards

Date: May 30, 2025
Arkansas Test for Judicial Gag Orders: Clarifying Prior Restraint Standards 1. Introduction This commentary examines the Supreme Court of Arkansas’s decision in Aaron Spencer v. State of Arkansas...
“Project-Focused NEPA” – Supreme Court Narrows Environmental Review and Elevates Agency Deference in Seven County Infrastructure Coalition v. Eagle County (2025)

“Project-Focused NEPA” – Supreme Court Narrows Environmental Review and Elevates Agency Deference in Seven County Infrastructure Coalition v. Eagle County (2025)

Date: May 30, 2025
“Project-Focused NEPA” – Supreme Court Narrows Environmental Review and Elevates Agency Deference in Seven County Infrastructure Coalition v. Eagle County (605 U.S. ___, 2025) 1. Introduction The...
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...
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