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

Recorded Deed Insufficient Alone to Establish Constructive Possession for Adverse Possession Under Color of Title

Recorded Deed Insufficient Alone to Establish Constructive Possession for Adverse Possession Under Color of Title

Date: May 14, 2025
Recorded Deed Insufficient Alone to Establish Constructive Possession for Adverse Possession Under Color of Title Introduction This commentary examines the Supreme Court of Georgia’s decision in...
Presumption Not Warranted: Prejudice Requirement for Statutory Maximum Errors in Sentencing

Presumption Not Warranted: Prejudice Requirement for Statutory Maximum Errors in Sentencing

Date: May 14, 2025
Presumption Not Warranted: Prejudice Requirement for Statutory Maximum Errors in Sentencing Introduction This commentary examines the Tenth Circuit’s decision in United States v. Calderon-Padilla,...
Competent Summary-Judgment Evidence of Qualification Required in §1981 Failure-to-Promote Claims

Competent Summary-Judgment Evidence of Qualification Required in §1981 Failure-to-Promote Claims

Date: May 14, 2025
Competent Summary-Judgment Evidence of Qualification Required in §1981 Failure-to-Promote Claims Introduction Fry v. City of Hernando, 5th Cir. No. 24-60532 (May 13, 2025), presents a dispute between...
Delaware’s Director-by-Director Demand Futility Standard in Shareholder Derivative Suits: Ezell v. Dinges

Delaware’s Director-by-Director Demand Futility Standard in Shareholder Derivative Suits: Ezell v. Dinges

Date: May 14, 2025
Delaware’s Director-by-Director Demand Futility Standard in Shareholder Derivative Suits: Ezell v. Dinges Introduction Ezell v. Dinges, 24-20050 (5th Cir. May 13, 2025), arises from a derivative...
Active Efforts under ICWA and Termination of Parental Rights: Matter of J.T.L.

Active Efforts under ICWA and Termination of Parental Rights: Matter of J.T.L.

Date: May 14, 2025
Active Efforts under ICWA and Termination of Parental Rights: Matter of J.T.L. Introduction The Supreme Court of Montana’s decision in Matter of J.T.L., 2025 MT 98, clarifies how “active efforts”...
Statutory Finality of § 363 Sales and Limits on Nonconsensual Releases in Chapter 11: In re Boy Scouts of America and Delaware BSA, LLC

Statutory Finality of § 363 Sales and Limits on Nonconsensual Releases in Chapter 11: In re Boy Scouts of America and Delaware BSA, LLC

Date: May 14, 2025
Statutory Finality of § 363 Sales and Limits on Nonconsensual Releases in Chapter 11: In re Boy Scouts of America and Delaware BSA, LLC Introduction In May 2025, a divided Third Circuit issued a...
Clarifying Willfulness in Unemployment Benefits Fraud under Idaho Code §72-1366(12)

Clarifying Willfulness in Unemployment Benefits Fraud under Idaho Code §72-1366(12)

Date: May 14, 2025
Clarifying Willfulness in Unemployment Benefits Fraud under Idaho Code §72-1366(12) Introduction The Supreme Court of Idaho’s decision in Flynn v. Sun Valley Brewing Company, 50921 (May 13, 2025),...
Mandate for Comprehensive Fact-Finding in Declaratory Challenges to Zoning Ordinance Validity

Mandate for Comprehensive Fact-Finding in Declaratory Challenges to Zoning Ordinance Validity

Date: May 14, 2025
Mandate for Comprehensive Fact-Finding in Declaratory Challenges to Zoning Ordinance Validity Introduction Koziol Firearms, Inc. v. Kevin Marchand, in his capacity as member of the Zoning Board of...
Section 363(m) Finality and Non-Consensual Third-Party Releases: Boy Scouts Chapter 11 Plan Decision

Section 363(m) Finality and Non-Consensual Third-Party Releases: Boy Scouts Chapter 11 Plan Decision

Date: May 14, 2025
Section 363(m) Finality and Non-Consensual Third-Party Releases: Boy Scouts Chapter 11 Plan Decision Introduction In In re Boy Scouts of America and Delaware BSA, LLC, the Third Circuit addressed...
Bankruptcy §363(m) Reins in Challenges to Non-Consensual Third-Party Releases: Commentary on Boy Scouts of America Appeals

Bankruptcy §363(m) Reins in Challenges to Non-Consensual Third-Party Releases: Commentary on Boy Scouts of America Appeals

Date: May 14, 2025
Bankruptcy §363(m) Reins in Challenges to Non-Consensual Third-Party Releases: Commentary on Boy Scouts of America Appeals Introduction The Boy Scouts of America and Delaware BSA, LLC filed Chapter...
Statutory Finality of Bankruptcy Sales Under Section 363(m): Boy Scouts Insurance Trust Confirmation

Statutory Finality of Bankruptcy Sales Under Section 363(m): Boy Scouts Insurance Trust Confirmation

Date: May 14, 2025
Statutory Finality of Non-Stayed §363(b) Sales: Boy Scouts Appellate Commentary Introduction In May 2025 the Third Circuit issued a precedential opinion in the consolidated appeals arising from the...
Curable Indictment Amendments Are Non-Jurisdictional; Prejudice-Driven Relief for Erroneous Felony-Murder Jury Instructions

Curable Indictment Amendments Are Non-Jurisdictional; Prejudice-Driven Relief for Erroneous Felony-Murder Jury Instructions

Date: May 14, 2025
Curable Indictment Amendments Are Non-Jurisdictional; Prejudice-Driven Relief for Erroneous Felony-Murder Jury Instructions Introduction In Kellam v. State, 317 A.3d 289 (Del. 2025), the Delaware...
Knowledge of Unspecified Unlawful Activity Sufficient for Money Laundering Under 18 U.S.C. § 1956(a)(1)(B)(i)

Knowledge of Unspecified Unlawful Activity Sufficient for Money Laundering Under 18 U.S.C. § 1956(a)(1)(B)(i)

Date: May 14, 2025
Knowledge of Unspecified Unlawful Activity Sufficient for Money Laundering Under 18 U.S.C. § 1956(a)(1)(B)(i) Introduction United States v. Arturs Spila, No. 23-13913 (11th Cir. May 13, 2025),...
Requiring Specificity in State Obscenity Laws: Invalidating Florida’s Age-Variable “I Know It When I See It” Statute

Requiring Specificity in State Obscenity Laws: Invalidating Florida’s Age-Variable “I Know It When I See It” Statute

Date: May 14, 2025
Requiring Specificity in State Obscenity Laws: Invalidating Florida’s Age-Variable “I Know It When I See It” Statute 1. Introduction In HM Florida-ORL, LLC v. Secretary of the Florida Department of...
Statutory Appeal Limitations and Third-Party Releases in Chapter 11: §363(m) vs. Harrington

Statutory Appeal Limitations and Third-Party Releases in Chapter 11: §363(m) vs. Harrington

Date: May 14, 2025
Statutory Appeal Limitations and Third-Party Releases in Chapter 11: §363(m) vs. Harrington Introduction In May 2025, a divided Third Circuit panel resolved a complex Chapter 11 dispute arising from...
Statutory Finality of § 363(b) Sales and Insulation of Non-Consensual Third-Party Releases in Chapter 11 Plans

Statutory Finality of § 363(b) Sales and Insulation of Non-Consensual Third-Party Releases in Chapter 11 Plans

Date: May 14, 2025
Statutory Finality of § 363(b) Sales and Insulation of Non-Consensual Third-Party Releases in Chapter 11 Plans Introduction These consolidated appeals arise from the Boy Scouts of America’s (BSA)...
Clarifying Accrual of Credit for Time Served and Elapsed Time in Montana: State v. Pillans Precedent

Clarifying Accrual of Credit for Time Served and Elapsed Time in Montana: State v. Pillans Precedent

Date: May 14, 2025
Clarifying Accrual of Credit for Time Served and Elapsed Time in Montana: State v. Pillans Precedent Introduction In State of Montana v. William James Pillans (2025 MT 100), the Montana Supreme Court...
“Using” an Identity without Impersonation: United States v. Kristen Williams and the Expansive Reading of 18 U.S.C. § 1028A in the Eleventh Circuit

“Using” an Identity without Impersonation: United States v. Kristen Williams and the Expansive Reading of 18 U.S.C. § 1028A in the Eleventh Circuit

Date: May 14, 2025
“Using” an Identity without Impersonation United States v. Kristen Williams and the Expansive Reading of 18 U.S.C. § 1028A in the Eleventh Circuit 1. Introduction United States v. Kristen Williams,...
Foreseeability Requirement for Firearm Enhancements under U.S.S.G. §2L1.1(b)(5)(C): United States v. Torrijos-Ruiz

Foreseeability Requirement for Firearm Enhancements under U.S.S.G. §2L1.1(b)(5)(C): United States v. Torrijos-Ruiz

Date: May 14, 2025
Foreseeability Requirement for Firearm Enhancements under U.S.S.G. §2L1.1(b)(5)(C): United States v. Torrijos-Ruiz Introduction In United States v. Torrijos-Ruiz, 5th Cir. No. 24-50495 (May 13,...
Clarifying “Active Efforts” Under ICWA and the Presumptive Termination Rule in Montana Dependency Cases

Clarifying “Active Efforts” Under ICWA and the Presumptive Termination Rule in Montana Dependency Cases

Date: May 14, 2025
Clarifying “Active Efforts” Under ICWA and the Presumptive Termination Rule in Montana Dependency Cases Introduction Matter of D.L.L. & J.T.L., 2025 MT 98 (Mont. 2025), is a Supreme Court of Montana...
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