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

The “Single-Inconsistency” Touchstone: Liu v. Bondi and the Modern Architecture of Adverse-Credibility Review

Date: May 13, 2025

The “Single-Inconsistency” Touchstone: Liu v. Bondi and the Modern Architecture of Adverse-Credibility Review Introduction Liu v. Bondi, No. 23-6623 (2d Cir. May 12, 2025) is a non-precedential...

Expansion of Public Nuisance Liability to Opioid Distribution

Date: May 13, 2025

Expansion of Public Nuisance Liability to Opioid Distribution Introduction City of Huntington and Cabell County Commission v. AmerisourceBergen Drug Corporation is a certified-question appeal before...

Affirmation of Comprehensive Physician-Patient Privilege for Emergency Treatment Records

Date: May 13, 2025

Affirmation of Comprehensive Physician-Patient Privilege for Emergency Treatment Records Introduction In Re Lucas Trenshaw and Theresa Gardner, Personal Representative for the Estate of Timothy...

Judicial Restraint and the Necessity of Factual Foundations in Certified Public Nuisance Questions

Date: May 13, 2025

Judicial Restraint and the Necessity of Factual Foundations in Certified Public Nuisance Questions Introduction This commentary examines Justice Walker’s concurring opinion in City of Huntington and...

Either‐Or Timeliness Rule for Superseding Indictments Under 18 U.S.C. § 3282

Date: May 13, 2025

Either‐Or Timeliness Rule for Superseding Indictments Under 18 U.S.C. § 3282 Introduction In United States v. Santiago Alirio Gomez Rivera, No. 23-10690 (11th Cir. May 12, 2025), the Eleventh Circuit...

Reaffirmation of the Rehaif Standard: Knowledge of Felony Status Under 18 U.S.C. § 922(g)(1) in United States v. Berris

Date: May 13, 2025

Reaffirmation of the Rehaif Standard: Knowledge of Felony Status Under 18 U.S.C. § 922(g)(1) in United States v. Berris Introduction United States v. Berris, 10th Cir. No. 24-8065 (May 12, 2025),...

Clarifying Threats and Interrogations Under Section 8(a)(1): Employer Predictions vs. Coercive Conduct

Date: May 13, 2025

Clarifying Threats and Interrogations Under Section 8(a)(1): Employer Predictions vs. Coercive Conduct 1. Introduction In 3484, Inc.; 3486, Inc. v. National Labor Relations Board (10th Cir. May 12,...

Coote v. U.S. Attorney General: Eleventh Circuit Clarifies BIA’s Authority to Assess New Evidence on Motions to Reopen Without Remand

Date: May 10, 2025

Coote v. U.S. Attorney General: Eleventh Circuit Clarifies BIA’s Authority to Assess New Evidence on Motions to Reopen Without Remand 1. Introduction The Eleventh Circuit’s non-precedential opinion...

Roseberry v. North Slope: Differentiating “Public Concern” Standards and Limiting Preclusion After Federal Dismissal

Date: May 10, 2025

Roseberry v. North Slope: Differentiating “Public Concern” Standards and Limiting Preclusion After Federal Dismissal Introduction In Roseberry v. North Slope Borough School District and North Slope...

Broad Enforcement of Iowa’s Credit Agreement Statute of Frauds: Bar to Tort Claims Arising from Unwritten Agreements

Date: May 10, 2025

Broad Enforcement of Iowa’s Credit Agreement Statute of Frauds: Bar to Tort Claims Arising from Unwritten Agreements Introduction County Bank v. Shalla (Iowa 2025) centers on a dispute arising from...

“Speak Now or Forever Hold Your Peace” — The Second Circuit Re-Affirms Strict Rules on Exhaustion and Issue Preservation in Asylum Litigation (Martinez Arias De Cruz v. Bondi, 2025)

Date: May 10, 2025

“Speak Now or Forever Hold Your Peace” — The Second Circuit Re-Affirms Strict Rules on Exhaustion and Issue Preservation in Asylum Litigation (Martinez Arias De Cruz v. Bondi, 2025) 1. Introduction...

Clarifying “Extraordinary Circumstances” in Late-Filed Asylum Applications: Language Barriers and Legal Unawareness Deemed Insufficient – Commentary on Aguilar Ordonez v. Bondi

Date: May 10, 2025

Clarifying “Extraordinary Circumstances” in Late-Filed Asylum Applications: Language Barriers and Legal Unawareness Deemed Insufficient – Commentary on Aguilar Ordonez v. Bondi 1. Introduction...

Second Circuit Re-Affirms the “Individualized Assessment” Mandate Before Imposing Mental-Health Conditions on Supervised Release: Commentary on United States v. Ortiz (2025)

Date: May 10, 2025

Second Circuit Re-Affirms the “Individualized Assessment” Mandate Before Imposing Mental-Health Conditions on Supervised Release: Commentary on United States v. Ortiz (2025) 1. Introduction The...

“Physical-Presence Venue” in Cyberspace Exploitation Cases: The Emerging Martinez Rule

Date: May 10, 2025

“Physical-Presence Venue” in Cyberspace Exploitation Cases: The Emerging Martinez Rule 1. Introduction United States v. Martinez, No. 23-7437, decided by the United States Court of Appeals for the...

Defining Post-Abandonment Waiver: Renunciation Under La. C.C.P. Art. 561

Date: May 10, 2025

Defining Post-Abandonment Waiver: Renunciation Under La. C.C.P. Art. 561 Introduction The Supreme Court of Louisiana’s decision in Foundation Elevation & Repair, LLC v. Kenneth Miller and Doreen...

In Camera Review Requirement for Surveillance Videotape Impeachment Evidence under La. C.E. art. 607(D)(2)

Date: May 10, 2025

In Camera Review Requirement for Surveillance Videotape Impeachment Evidence under La. C.E. art. 607(D)(2) Introduction This commentary examines the Louisiana Supreme Court’s decision in Bradley Day...

Mandating Full Compliance with Injunctions: Defining Scope of Prohibited Discharge and Standards for Contempt

Date: May 10, 2025

Mandating Full Compliance with Injunctions: Defining Scope of Prohibited Discharge and Standards for Contempt Introduction This commentary examines the Vermont Supreme Court’s decision in Aerie Point...

NEPA Hard Look Requirement: Prohibiting Arbitrary Agency Departures from Model‐Based Risk Assessments

Date: May 10, 2025

NEPA Hard Look Requirement: Prohibiting Arbitrary Agency Departures from Model‐Based Risk Assessments Introduction In WildEarth Guardians v. U.S. Forest Service, 10th Cir. No. 24-1187 (May 9, 2025),...

“As‑Is” Disclaimers Do Not Shift the Risk of Unknown Title Nonexistence: Mutual Mistake and Rescission After Condominium Reversion under MCL 559.167

Date: May 10, 2025

“As‑Is” Disclaimers Do Not Shift the Risk of Unknown Title Nonexistence: Mutual Mistake and Rescission After Condominium Reversion under MCL 559.167 Introduction In Soho Land Development, Inc. v....

Jones v. SAFEBuilt LLC — The Eleventh Circuit Re-Affirms the Limits of Judicial Leniency to Pro Se Litigants in Service-of-Process and Employer-Status Determinations under Title VII

Date: May 10, 2025

Jones v. SAFEBuilt LLC — The Eleventh Circuit Re-Affirms the Limits of Judicial Leniency to Pro Se Litigants in Service-of-Process and Employer-Status Determinations under Title VII 1. Introduction...

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