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

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,...
Permissible Reliance on Specialist Diagnoses in §1983 Deliberate Indifference Claims

Permissible Reliance on Specialist Diagnoses in §1983 Deliberate Indifference Claims

Date: May 28, 2025
Permissible Reliance on Specialist Diagnoses in §1983 Deliberate Indifference Claims Introduction In Matthew Doughty v. Karl Hoffmann, No. 24-2306 (7th Cir. May 27, 2025), the Seventh Circuit...
Stipulated Reinstatement under SCR 22.30(5)(b): Criteria and Application in Office of Lawyer Regulation v. Kevin R. Rosin

Stipulated Reinstatement under SCR 22.30(5)(b): Criteria and Application in Office of Lawyer Regulation v. Kevin R. Rosin

Date: May 28, 2025
Stipulated Reinstatement under SCR 22.30(5)(b): Criteria and Application in Office of Lawyer Regulation v. Kevin R. Rosin Introduction Office of Lawyer Regulation v. Kevin R. Rosin, 2025 WI 18...
Limiting “Context” Testimony under the Confrontation Clause: United States v. Soto-Sanchez

Limiting “Context” Testimony under the Confrontation Clause: United States v. Soto-Sanchez

Date: May 28, 2025
Limiting “Context” Testimony under the Confrontation Clause: United States v. Soto-Sanchez Introduction United States v. Soto-Sanchez, 24-1184 (1st Cir. May 27, 2025), presented the First Circuit...
FOIA Timeliness and Remedies Clarified: Delay Does Not Merit Declaratory Relief, FOIA Bars APA Claims — Libarov v. ICE

FOIA Timeliness and Remedies Clarified: Delay Does Not Merit Declaratory Relief, FOIA Bars APA Claims — Libarov v. ICE

Date: May 28, 2025
FOIA Timeliness and Remedies Clarified: Delay Does Not Merit Declaratory Relief, FOIA Bars APA Claims — Libarov v. ICE Introduction Sotir Libarov v. U.S. Immigration and Customs Enforcement (No....
United States v. Adams: Reaffirming the Beyond‐Reasonable‐Doubt Standard and the Constitutionality of 18 U.S.C. § 922(g)(1)

United States v. Adams: Reaffirming the Beyond‐Reasonable‐Doubt Standard and the Constitutionality of 18 U.S.C. § 922(g)(1)

Date: May 28, 2025
United States v. Adams: Reaffirming the Beyond‐Reasonable‐Doubt Standard and the Constitutionality of 18 U.S.C. § 922(g)(1) Introduction United States v. Adams is a 2025 decision by the Tenth Circuit...
Consent Does Not Defeat Aggravated Identity Theft: Sixth Circuit’s Broad Reading of “Without Lawful Authority” Under 18 U.S.C. § 1028A

Consent Does Not Defeat Aggravated Identity Theft: Sixth Circuit’s Broad Reading of “Without Lawful Authority” Under 18 U.S.C. § 1028A

Date: May 28, 2025
Consent Does Not Defeat Aggravated Identity Theft: Sixth Circuit’s Broad Reading of “Without Lawful Authority” Under 18 U.S.C. § 1028A Introduction United States v. Kelli Prather, decided May 27,...
Reaffirming Deference to Adverse Credibility Determinations Based on Cumulative Inconsistencies in Asylum Cases

Reaffirming Deference to Adverse Credibility Determinations Based on Cumulative Inconsistencies in Asylum Cases

Date: May 28, 2025
Reaffirming Deference to Adverse Credibility Determinations Based on Cumulative Inconsistencies in Asylum Cases Introduction In Singh v. Bondi (No. 23-6186, 2d Cir. May 27, 2025), the Second Circuit...
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