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

Inherent Authority to Impose Filing Restrictions on Abusive Pro Se Litigants

Inherent Authority to Impose Filing Restrictions on Abusive Pro Se Litigants

Date: May 22, 2025
Inherent Authority to Impose Filing Restrictions on Abusive Pro Se Litigants Introduction In In re Tyler C. Frick, the Supreme Court of Wisconsin addressed a recurring pattern of abusive filings by...
United States v. Bourrage: Expanding Standing and Franks‐Hearing Standards Under Title III

United States v. Bourrage: Expanding Standing and Franks‐Hearing Standards Under Title III

Date: May 22, 2025
United States v. Bourrage: Expanding Standing and Franks‐Hearing Standards Under Title III 1. Introduction In United States v. Bourrage (5th Cir. May 21, 2025), the Fifth Circuit considered five...
Limiting Organizational and Associational Standing in SDWA Primacy Challenges

Limiting Organizational and Associational Standing in SDWA Primacy Challenges

Date: May 22, 2025
Limiting Organizational and Associational Standing in SDWA Primacy Challenges 1. Introduction In Deep South Center for Environmental Justice v. EPA, the Fifth Circuit addressed whether three...
Tracking Warrant Validity Post-Ownership Transfer and Middleman Liability in Chain Drug Conspiracies

Tracking Warrant Validity Post-Ownership Transfer and Middleman Liability in Chain Drug Conspiracies

Date: May 22, 2025
Tracking Warrant Validity Post-Ownership Transfer and Middleman Liability in Chain Drug Conspiracies Introduction United States v. Simpson, Figures & Wynn (6th Cir. 2025) consolidates three...
Maintaining the Homeowner’s Exemption Despite Unity of Ownership: Cadena v. Kupferstein and the Scope of “Direction or Control” under Labor Law § 241(6)

Maintaining the Homeowner’s Exemption Despite Unity of Ownership: Cadena v. Kupferstein and the Scope of “Direction or Control” under Labor Law § 241(6)

Date: May 22, 2025
Maintaining the Homeowner’s Exemption Despite Unity of Ownership: Cadena v. Kupferstein (2025) and the Scope of “Direction or Control” under Labor Law § 241(6) Introduction Cadena v. Kupferstein, 238...
Clarifying the Threshold for Government Inability to Protect in Asylum Claims: Singh-Kar v. Bondi

Clarifying the Threshold for Government Inability to Protect in Asylum Claims: Singh-Kar v. Bondi

Date: May 22, 2025
Clarifying the Threshold for Government Inability to Protect in Asylum Claims: Singh-Kar v. Bondi Introduction In Singh-Kar v. Bondi, 22-6309 (2d Cir. May 21, 2025), the United States Court of...
United States v. Davis: Record-of-Conviction Requirement for Predicate Felonies Under § 922(g)(1)

United States v. Davis: Record-of-Conviction Requirement for Predicate Felonies Under § 922(g)(1)

Date: May 22, 2025
United States v. Davis: Record-of-Conviction Requirement for Predicate Felonies Under § 922(g)(1) Introduction United States v. Davis, 23-1367 (10th Cir. May 21, 2025), addresses whether a...
Mandatory Restitution under 18 U.S.C. §2259 Requires Proximate-Cause Analysis to Avoid Exceeding the Statutory Maximum

Mandatory Restitution under 18 U.S.C. §2259 Requires Proximate-Cause Analysis to Avoid Exceeding the Statutory Maximum

Date: May 22, 2025
Mandatory Restitution under 18 U.S.C. §2259 Requires Proximate-Cause Analysis to Avoid Exceeding the Statutory Maximum Introduction United States v. West is a Fifth Circuit decision handed down on...
Rubio v. Guerrero: Clarifying the Double-Deference Standard for Certificates of Appealability under AEDPA

Rubio v. Guerrero: Clarifying the Double-Deference Standard for Certificates of Appealability under AEDPA

Date: May 22, 2025
Rubio v. Guerrero: Clarifying the Double-Deference Standard for Certificates of Appealability under AEDPA Introduction In Rubio v. Guerrero, 24-70004 (5th Cir. May 21, 2025), the Fifth Circuit...
Serial Frivolous Appeals and the Appellate Expansion of 22 NYCRR 130-1.1 Sanctions: A Commentary on Matter of Ruth S. (2025 NY Slip Op 03072)

Serial Frivolous Appeals and the Appellate Expansion of 22 NYCRR 130-1.1 Sanctions: A Commentary on Matter of Ruth S. (2025 NY Slip Op 03072)

Date: May 22, 2025
Serial Frivolous Appeals and the Appellate Expansion of 22 NYCRR 130-1.1 Sanctions: A Commentary on Matter of Ruth S. (2025 NY Slip Op 03072) 1. Introduction Matter of Ruth S. is the latest chapter...
Erlinger‐Wooden Clarification: Unanimous Jury Finding Required for ACCA “Occasions Different” Enhancement

Erlinger‐Wooden Clarification: Unanimous Jury Finding Required for ACCA “Occasions Different” Enhancement

Date: May 22, 2025
Erlinger-Wooden Clarification: Unanimous Jury Finding Required for ACCA “Occasions Different” Enhancement Introduction United States v. Sergio Antonio Hood (11th Cir. 2025) arises from Hood’s appeal...
Mandatory Imprisonment for Underlying Felonies with Firearm Specifications under R.C. 2929.13(F)(8)

Mandatory Imprisonment for Underlying Felonies with Firearm Specifications under R.C. 2929.13(F)(8)

Date: May 22, 2025
Mandatory Imprisonment for Underlying Felonies with Firearm Specifications under R.C. 2929.13(F)(8) Introduction The Supreme Court of Ohio’s decision in State v. Logan, Slip Opinion No....
Pleading and Joinder Limitations in Pro Se §1983 Municipal Litigation: Whitehead v. City of Atlanta

Pleading and Joinder Limitations in Pro Se §1983 Municipal Litigation: Whitehead v. City of Atlanta

Date: May 22, 2025
Pleading and Joinder Limitations in Pro Se §1983 Municipal Litigation: Whitehead v. City of Atlanta Introduction This commentary examines the Eleventh Circuit’s per curiam decision in Jamal Shaeed...
Affirmance of Completed Carjacking as a Categorical Crime of Violence Under 18 U.S.C. § 924(c)

Affirmance of Completed Carjacking as a Categorical Crime of Violence Under 18 U.S.C. § 924(c)

Date: May 22, 2025
Affirmance of Completed Carjacking as a Categorical Crime of Violence Under 18 U.S.C. § 924(c) Introduction United States v. Caille is a Second Circuit summary-order decision issued on May 21, 2025....
Least Restrictive Alternative Requirement in Involuntary Psychiatric Commitment

Least Restrictive Alternative Requirement in Involuntary Psychiatric Commitment

Date: May 22, 2025
Least Restrictive Alternative Requirement in Involuntary Psychiatric Commitment Introduction This commentary examines the Supreme Court of the State of Alaska’s decision in In the Matter of the...
Court’s Authority to Impose Filing Restrictions on Abusive Pro Se Litigants

Court’s Authority to Impose Filing Restrictions on Abusive Pro Se Litigants

Date: May 22, 2025
Court’s Authority to Impose Filing Restrictions on Abusive Pro Se Litigants Introduction In the Supreme Court of Wisconsin’s order dated May 21, 2025, the Court dismissed an original action petition...
Dual ERISA Limitations Periods Enforceable: No Conflict in Concurrent Deadlines

Dual ERISA Limitations Periods Enforceable: No Conflict in Concurrent Deadlines

Date: May 22, 2025
Dual ERISA Limitations Periods Enforceable: No Conflict in Concurrent Deadlines Introduction J.H. and her son A.H. participated in an employer-sponsored, fully insured ERISA benefit plan administered...
Expanding ERISA Fiduciary Reach: Third-Party Administrators’ Control Over Plan Assets and Compensation Structures

Expanding ERISA Fiduciary Reach: Third-Party Administrators’ Control Over Plan Assets and Compensation Structures

Date: May 22, 2025
Expanding ERISA Fiduciary Reach: Third-Party Administrators’ Control Over Plan Assets and Compensation Structures Introduction Tiara Yachts, Inc. v. Blue Cross Blue Shield of Michigan is a landmark...
Defining the Scope of Professional Judgment in Civil Detainee Deliberate Indifference Claims under the Fourteenth Amendment

Defining the Scope of Professional Judgment in Civil Detainee Deliberate Indifference Claims under the Fourteenth Amendment

Date: May 22, 2025
Defining the Scope of Professional Judgment in Civil Detainee Deliberate Indifference Claims under the Fourteenth Amendment Introduction This commentary examines the Eleventh Circuit’s decision in...
Clarifying Attorney Duties in Real Estate Title Due Diligence and Client Communication Under W.R.P.C. 1.3 & 1.4(b)

Clarifying Attorney Duties in Real Estate Title Due Diligence and Client Communication Under W.R.P.C. 1.3 & 1.4(b)

Date: May 22, 2025
Clarifying Attorney Duties in Real Estate Title Due Diligence and Client Communication Under W.R.P.C. 1.3 & 1.4(b) Introduction This commentary examines the Supreme Court of Wyoming’s decision in...
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