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

Clarification of Personal Jurisdiction and Contract Privity in Insurance Claims: Smith v. Aegon USA

Date: May 10, 2025

Clarification of Personal Jurisdiction and Contract Privity in Insurance Claims: Smith v. Aegon USA Introduction Smith v. Aegon USA, decided May 9, 2025 by the Fifth Circuit Court of Appeals,...

Implied-Consent Quantum Meruit Awards Survive the “Express-Contract Bar” – An Analysis of JB Accounting Services, LLC v. Winters

Date: May 10, 2025

Implied-Consent Quantum Meruit Awards Survive the “Express-Contract Bar” – JB Accounting Services, LLC; JB Accounting Tax Service Check Cashing, LLC; JB Accounting Tax Services, LLC; and Jennifer...

Personal Motives, Corporate Shields: Alabama Supreme Court Narrows Vicarious Liability and Clarifies Causation in Intentional-Interference Claims – Commentary on Flickinger v. King (2025)

Date: May 10, 2025

Personal Motives, Corporate Shields: Alabama Supreme Court Narrows Vicarious Liability and Clarifies Causation in Intentional-Interference Claims – Commentary on Flickinger v. King (2025) 1....

Affirmative Acts Tolling Rule: Unwritten “No-Poach” Conspiracies and the Sherman Act Statute of Limitations

Date: May 10, 2025

Affirmative Acts Tolling Rule: Unwritten “No-Poach” Conspiracies and the Sherman Act Statute of Limitations Introduction This commentary examines the United States Court of Appeals for the Fourth...

Restricting the Substantial Identity Exception Under Title VII’s Exhaustion Requirement

Date: May 10, 2025

Restricting the Substantial Identity Exception Under Title VII’s Exhaustion Requirement Introduction Harry A. Bolden, a Black male former billing specialist at CAEI, brought suit against CAEI and its...

Reaffirmation of the Constitutionality of 18 U.S.C. § 922(g)(1) and Federal Jurisdictional Principles

Date: May 10, 2025

Reaffirmation of the Constitutionality of 18 U.S.C. § 922(g)(1) and Federal Jurisdictional Principles Introduction United States v. Gibson is a per curiam decision of the Fifth Circuit rendered on...

Legislative “Clarification” Cannot Override Binding Precedent: Separation of Powers and Ex Post Facto Constraints on Retroactive Sentencing Amendments

Date: May 10, 2025

Legislative “Clarification” Cannot Override Binding Precedent: Separation of Powers and Ex Post Facto Constraints on Retroactive Sentencing Amendments Introduction Yako W. Collins was convicted in...

Waiver of Tennessee QIC Privilege by Voluntary Disclosure

Date: May 10, 2025

Waiver of Tennessee QIC Privilege by Voluntary Disclosure Introduction This commentary examines the Supreme Court of Tennessee’s decision in Payton Castillo v. David Lloyd Rex, M.D., 2025 WL ______...

LULAC v. Pate: Clarifying Organizational Standing—Resource Diversion Does Not Constitute Legally Cognizable Injury

Date: May 10, 2025

LULAC v. Pate: Clarifying Organizational Standing—Resource Diversion Does Not Constitute Legally Cognizable Injury Introduction League of United Latin American Citizens of Iowa (LULAC) filed suit in...

United States v. Estacio: Eleventh Circuit Reaffirms Broad District-Court Discretion to Deny § 3582(c)(2) Reductions After Amendment 821

Date: May 10, 2025

United States v. Estacio: Eleventh Circuit Reaffirms Broad District-Court Discretion to Deny § 3582(c)(2) Reductions After Amendment 821 Introduction In United States v. Henri Manrique Estacio, No....

Statutory Antiretaliation Remedy Preempts Common-Law Public-Policy Wrongful Discharge Claims under the FCA

Date: May 10, 2025

Statutory Antiretaliation Remedy Preempts Common-Law Public-Policy Wrongful Discharge Claims under the FCA Introduction This commentary examines the Nebraska Supreme Court’s decision in Dibbern v....

Appealability of Interlocutory Orders and Mootness of Prejudgment Attachments Established in Czech v. Allen

Date: May 10, 2025

Appealability of Interlocutory Orders and Mootness of Prejudgment Attachments Established in Czech v. Allen Introduction In Czech v. Allen, 318 Neb. 904 (May 9, 2025), the Nebraska Supreme Court...

Discretion in Sentencing and PSI Requirements: State v. Danny Main, Jr.

Date: May 10, 2025

Discretion in Sentencing and PSI Requirements: State v. Danny Main, Jr. Introduction In State v. Danny Main, Jr., 2025 VT 24‐AP‐146, the Vermont Supreme Court considered two primary issues on appeal...

“Of Record Before the Clock Runs”: The Alabama Supreme Court Reinforces the Rule 59.1 Filing Requirement in Williams v. ADHR

Date: May 10, 2025

“Of Record Before the Clock Runs”: The Alabama Supreme Court Reinforces the Rule 59.1 Filing Requirement in Williams v. ADHR 1. Introduction In Teresa Williams and Barney's Childcare and Learning...

No Clarification of the “Compelling Reason” Standard to Compel Complainant Psychological Exams; Cavanagh, C.J., Dissent Urges Doctor-Recommended MMPI as Adequate Nexus

Date: May 10, 2025

No Clarification of the “Compelling Reason” Standard to Compel Complainant Psychological Exams; Cavanagh, C.J., Dissent Urges Doctor-Recommended MMPI as Adequate Nexus Introduction This commentary...

United States v. Franco: Reinforcing Harmless-Error Doctrine and Clarifying the Non-Hearsay Use of Identification Statements in Supervised-Release Revocation Hearings

Date: May 10, 2025

United States v. Franco: Reinforcing Harmless-Error Doctrine and Clarifying the Non-Hearsay Use of Identification Statements in Supervised-Release Revocation Hearings Introduction In United States v....

“Evolving-Claim Credibility” – Second Circuit Clarifies Deference Owed to Immigration Judges When Asylum Applicants Expand or Alter Their Narrative

Date: May 10, 2025

“Evolving-Claim Credibility” – Second Circuit Clarifies Deference Owed to Immigration Judges When Asylum Applicants Expand or Alter Their Narrative Introduction Singh v. Bondi, No. 23-6319 (2d Cir....

Mandatory Issue-Exhaustion and Corroboration Standards in Asylum Appeals: Commentary on Nkezea Efuetnji v. Bondi (2d Cir. 2025)

Date: May 10, 2025

Mandatory Issue-Exhaustion and Corroboration Standards in Asylum Appeals: Nkezea Efuetnji v. Bondi (2d Cir. 2025) 1. Introduction This commentary examines the Second Circuit’s Summary Order in Nkezea...

Malhi v. Bondi: The Second Circuit’s Clarification on Abandonment and Unchallenged Credibility Findings in Immigration Appeals

Date: May 10, 2025

Malhi v. Bondi: The Second Circuit’s Clarification on Abandonment and Unchallenged Credibility Findings in Immigration Appeals Introduction Case: Malhi v. Bondi, No. 23-6549 (2d Cir. May 9, 2025) –...

As-Is Clauses and Mutual Mistake in Property Settlements: Title vs. Physical Condition

Date: May 10, 2025

As-Is Clauses and Mutual Mistake in Property Settlements: Title vs. Physical Condition Introduction In Soho Land Development, Inc. v. Oakland County Treasurer, Michigan Supreme Court No. 168022 (May...

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

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