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

“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...
Procedural Time Limits Versus Jurisdiction in Involuntary Commitment Extensions: In re M.H.W.

Procedural Time Limits Versus Jurisdiction in Involuntary Commitment Extensions: In re M.H.W.

Date: May 14, 2025
Procedural Time Limits Versus Jurisdiction in Involuntary Commitment Extensions: In re M.H.W. Introduction In In the Matter of M.H.W. (2025 MT 96), the Supreme Court of Montana addressed whether a...
Statutory Mootness Under § 363(m) and the Finality of Bankruptcy Plan Sales with Non-Consensual Third-Party Releases

Statutory Mootness Under § 363(m) and the Finality of Bankruptcy Plan Sales with Non-Consensual Third-Party Releases

Date: May 14, 2025
Statutory Mootness Under § 363(m) and the Finality of Bankruptcy Plan Sales with Non-Consensual Third-Party Releases Introduction In In re Boy Scouts of America and Delaware BSA, LLC, the Third...
Grosvold v. Neely: Residential Construction Defect Statute as Procedural Mechanism, Not Independent Cause of Action

Grosvold v. Neely: Residential Construction Defect Statute as Procedural Mechanism, Not Independent Cause of Action

Date: May 14, 2025
Grosvold v. Neely: Residential Construction Defect Statute as Procedural Mechanism, Not Independent Cause of Action Introduction Grosvold v. Neely, 2025 MT 99 (Mont. 2025), arose from a dispute...
Proportionality over Parity: The First Department’s Re-Calibration of Reciprocal Discipline in Matter of Fenstermaker

Proportionality over Parity: The First Department’s Re-Calibration of Reciprocal Discipline in Matter of Fenstermaker

Date: May 14, 2025
Proportionality over Parity: The First Department’s Re-Calibration of Reciprocal Discipline in Matter of Fenstermaker Introduction In Matter of Fenstermaker, 2025 NY Slip Op 02878, the Appellate...
Exhaustion of Remedies and the Narrow Scope of Mandamus in Administrative Appeals

Exhaustion of Remedies and the Narrow Scope of Mandamus in Administrative Appeals

Date: May 13, 2025
Exhaustion of Remedies and the Narrow Scope of Mandamus in Administrative Appeals Introduction Karpoff v. Sussex County Board of Adjustment is a 2025 decision of the Supreme Court of Delaware...
Pretext Conversations and Voluntary Out-of-Custody Statements

Pretext Conversations and Voluntary Out-of-Custody Statements

Date: May 13, 2025
Pretext Conversations and Voluntary Out-of-Custody Statements Introduction The People of the State of Colorado v. Patrick Nkongolo (2025 CO 20) arises from an interlocutory appeal in a...
Clarifying Coercion and Remedies under the NLRA: Confidentiality Instructions, Threats, and Unfair-Labor-Practice Strikes

Clarifying Coercion and Remedies under the NLRA: Confidentiality Instructions, Threats, and Unfair-Labor-Practice Strikes

Date: May 13, 2025
Clarifying Coercion and Remedies under the NLRA: Confidentiality Instructions, Threats, and Unfair-Labor-Practice Strikes Introduction In NLRB v. 3484, Inc., Nos. 24-9511 & 24-9525 (10th Cir. May 12,...
State Tort Claims for Climate Change Damages Are Not Preempted by Federal Law

State Tort Claims for Climate Change Damages Are Not Preempted by Federal Law

Date: May 13, 2025
State Tort Claims for Climate Change Damages Are Not Preempted by Federal Law Introduction In In Re County Commissioners of Boulder County and City of Boulder v. Suncor Energy USA, Inc., et al., 2025...
Toxic‐Tort Causation: Admissibility of Expert Testimony Without Quantitative Dose in Ruffin v. BP

Toxic‐Tort Causation: Admissibility of Expert Testimony Without Quantitative Dose in Ruffin v. BP

Date: May 13, 2025
Toxic‐Tort Causation: Admissibility of Expert Testimony Without Quantitative Dose in Ruffin v. BP Introduction In Ruffin v. BP Exploration & Production, Inc. (5th Cir. 2025), Floyd Ruffin sued BP for...
Precise Pleading of EEOC Charges Under the ADEA: Timing and Substance

Precise Pleading of EEOC Charges Under the ADEA: Timing and Substance

Date: May 13, 2025
Precise Pleading of EEOC Charges Under the ADEA: Timing and Substance Introduction This commentary examines the Third Circuit’s decision in Glenda Dianne Brooks v. Harrisburg Area Community College,...
Sentencing Guidelines §3B1.2 Universe Principle: Full Participant Scope in Mitigating Role Adjustments

Sentencing Guidelines §3B1.2 Universe Principle: Full Participant Scope in Mitigating Role Adjustments

Date: May 13, 2025
Sentencing Guidelines §3B1.2 Universe Principle: Full Participant Scope in Mitigating Role Adjustments Introduction The First Circuit’s decision in United States v. Flores‐Álvarez (No. 23-1163, May...
Reasonable Incremental Punishment for Independent Federal Offenses Under U.S.S.G. § 5G1.3(d): United States v. Richardson

Reasonable Incremental Punishment for Independent Federal Offenses Under U.S.S.G. § 5G1.3(d): United States v. Richardson

Date: May 13, 2025
Reasonable Incremental Punishment for Independent Federal Offenses Under U.S.S.G. § 5G1.3(d): United States v. Richardson Introduction United States v. Richardson (10th Cir. 2025) addresses the...
“Objective Evidence and Rational Choice” – The Eleventh Circuit’s Refined Prejudice Standard in Ineffective-Assistance Claims (Todd Simmerman v. United States)

“Objective Evidence and Rational Choice” – The Eleventh Circuit’s Refined Prejudice Standard in Ineffective-Assistance Claims (Todd Simmerman v. United States)

Date: May 13, 2025
“Objective Evidence and Rational Choice” – The Eleventh Circuit’s Refined Prejudice Standard in Ineffective-Assistance Claims Introduction Todd Simmerman v. United States, decided by the Court of...
Declination of Certified Question on Public Nuisance from Opioid Distribution

Declination of Certified Question on Public Nuisance from Opioid Distribution

Date: May 13, 2025
Declination of Certified Question on Public Nuisance from Opioid Distribution Introduction In City of Huntington and Cabell County Commission v. AmerisourceBergen Drug Corporation, the Supreme Court...
State v. Morgan: Deliberate Intent by Circumstance and Boundaries on Prosecutorial Commentary on Silence

State v. Morgan: Deliberate Intent by Circumstance and Boundaries on Prosecutorial Commentary on Silence

Date: May 13, 2025
State v. Morgan: Deliberate Intent by Circumstance and Boundaries on Prosecutorial Commentary on Silence Introduction In State v. Morgan, decided May 12, 2025 by the Supreme Court of New Mexico, the...
Section 2255(f)(3) and the Second Amendment: Bruen and Rahimi’s Non-Retroactivity to Pre-Existing Felon-Gun Convictions

Section 2255(f)(3) and the Second Amendment: Bruen and Rahimi’s Non-Retroactivity to Pre-Existing Felon-Gun Convictions

Date: May 13, 2025
Section 2255(f)(3) and the Second Amendment: Bruen and Rahimi’s Non-Retroactivity to Pre-Existing Felon-Gun Convictions Introduction This commentary examines the United States Court of Appeals for...
Limiting Counterman’s Recklessness Requirement to True-Threats Stalking Charges

Limiting Counterman’s Recklessness Requirement to True-Threats Stalking Charges

Date: May 13, 2025
Limiting Counterman’s Recklessness Requirement to True-Threats Stalking Charges Introduction In In Re The People of the State of Colorado v. David Samuel Crawford (2025 CO 22), the Colorado Supreme...
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