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

United States v. Outlaw: Requiring Particularized Probable Cause from Marijuana Odor

United States v. Outlaw: Requiring Particularized Probable Cause from Marijuana Odor

Date: May 29, 2025
United States v. Outlaw: Requiring Particularized Probable Cause from Marijuana Odor Introduction In United States v. Abdul Outlaw (3d Cir. May 28, 2025), the Third Circuit Court of Appeals clarified...
Reaffirming the Subjective Recklessness Standard in Eighth Amendment Deliberate Indifference and Ensuring Pro Se Due Process in Summary Judgment Conversions

Reaffirming the Subjective Recklessness Standard in Eighth Amendment Deliberate Indifference and Ensuring Pro Se Due Process in Summary Judgment Conversions

Date: May 29, 2025
Reaffirming the Subjective Recklessness Standard in Eighth Amendment Deliberate Indifference and Ensuring Pro Se Due Process in Summary Judgment Conversions Introduction John Andrew Kister, a state...
Proportionality Standards for Life Recidivist Sentences under WV Code § 61-11-18(d)

Proportionality Standards for Life Recidivist Sentences under WV Code § 61-11-18(d)

Date: May 29, 2025
Proportionality Standards for Life Recidivist Sentences under WV Code § 61-11-18(d) Introduction In State of West Virginia v. Shawn Douglas Newman, the Supreme Court of Appeals of West Virginia...
Permissible Scope of Uncharged Conduct and Sentencing Discretion in West Virginia: State v. Peacher

Permissible Scope of Uncharged Conduct and Sentencing Discretion in West Virginia: State v. Peacher

Date: May 29, 2025
Permissible Scope of Uncharged Conduct and Sentencing Discretion in West Virginia: State v. Peacher Introduction In State of West Virginia v. Robert Peacher, the Supreme Court of Appeals of West...
Clarifying Foreclosure Standing under New York Law: Holder vs. Assignee Rights in Courchevel 1850 LLC v. Koznitz I LLC

Clarifying Foreclosure Standing under New York Law: Holder vs. Assignee Rights in Courchevel 1850 LLC v. Koznitz I LLC

Date: May 29, 2025
Clarifying Foreclosure Standing under New York Law: Holder vs. Assignee Rights in Courchevel 1850 LLC v. Koznitz I LLC Introduction Courchevel 1850 LLC v. Koznitz I LLC is a 2025 Second Circuit...
Clarifying “Absconding” as Justification for Full Probation Revocation Under W. Va. Code § 62-12-10

Clarifying “Absconding” as Justification for Full Probation Revocation Under W. Va. Code § 62-12-10

Date: May 29, 2025
Clarifying “Absconding” as Justification for Full Probation Revocation Under W. Va. Code § 62-12-10 Introduction In State of West Virginia v. Cornell Lee Smith, Supreme Court of Appeals of West...
Discretion over Mandamus: Support Magistrates’ Adjournment Authority under 22 NYCRR 205.43

Discretion over Mandamus: Support Magistrates’ Adjournment Authority under 22 NYCRR 205.43

Date: May 29, 2025
Discretion over Mandamus: Support Magistrates’ Adjournment Authority under 22 NYCRR 205.43 Introduction Matter of Santman v. Satterthwaite (2025 NY Slip Op 03196, 238 AD3d 1156) required the...
Hervey v. Northern Westchester Hospital: Clarifying the Limits of the “Continuous Course of Treatment” Doctrine and Psychiatric Malpractice Liability

Hervey v. Northern Westchester Hospital: Clarifying the Limits of the “Continuous Course of Treatment” Doctrine and Psychiatric Malpractice Liability

Date: May 29, 2025
Hervey v. Northern Westchester Hospital: Clarifying the Limits of the “Continuous Course of Treatment” Doctrine and Psychiatric Malpractice Liability Introduction In Hervey v. Northern Westchester...
Suspension as Presumptive Sanction for Public Officials’ Misuse of Public Funds under GRPC 8.4(a)(3) & (4)

Suspension as Presumptive Sanction for Public Officials’ Misuse of Public Funds under GRPC 8.4(a)(3) & (4)

Date: May 29, 2025
Suspension as Presumptive Sanction for Public Officials’ Misuse of Public Funds under GRPC 8.4(a)(3) & (4) Introduction This commentary examines the Supreme Court of Georgia’s decision in In the...
Clarification of “Knowingly” Under GRPC and Disbarment for Intentional Evidence Alteration

Clarification of “Knowingly” Under GRPC and Disbarment for Intentional Evidence Alteration

Date: May 29, 2025
Clarification of “Knowingly” Under GRPC and Disbarment for Intentional Evidence Alteration Introduction In In the Matter of Johnbull Okechukwu Nwosu, 318 Ga. 600 (May 28, 2025), the Supreme Court of...
Employment-Based Juror Strikes as Race-Neutral and Expert Funding Specificity: French v. State

Employment-Based Juror Strikes as Race-Neutral and Expert Funding Specificity: French v. State

Date: May 29, 2025
Employment-Based Juror Strikes as Race-Neutral and Expert Funding Specificity: French v. State Introduction This commentary examines the landmark decision in French v. State, decided May 28, 2025, by...
Surreptitious Electronic Searches via Private Intermediaries Violate the Fourth Amendment:  
         Agent Liability Established in Heidi Group v. Texas Health and Human Services (5th Cir. 2025)

Surreptitious Electronic Searches via Private Intermediaries Violate the Fourth Amendment: Agent Liability Established in Heidi Group v. Texas Health and Human Services (5th Cir. 2025)

Date: May 29, 2025
Surreptitious Electronic Searches via Private Intermediaries Violate the Fourth Amendment: Agent Liability Established in Heidi Group v. Texas Health and Human Services Introduction The Fifth...
Eleventh Circuit Clarifies 30-Day Acceleration Notice Requirement Under Mortgage Note Paragraph 6(C)

Eleventh Circuit Clarifies 30-Day Acceleration Notice Requirement Under Mortgage Note Paragraph 6(C)

Date: May 29, 2025
Eleventh Circuit Clarifies 30-Day Acceleration Notice Requirement Under Mortgage Note Paragraph 6(C) Introduction In Nathan Sluss v. Bank of America, N.A., No. 23-13949 (11th Cir. May 28, 2025), the...
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...
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