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

No Shortcuts to Finality: Rule 41(a) Cannot Cure the Lack of Rule 54(b) Certification for Partial Summary Judgment

No Shortcuts to Finality: Rule 41(a) Cannot Cure the Lack of Rule 54(b) Certification for Partial Summary Judgment

Date: Sep 13, 2025
No Shortcuts to Finality: Rule 41(a) Cannot Cure the Lack of Rule 54(b) Certification for Partial Summary Judgment Introduction In CMYK Enterprises, Inc. v. Advanced Print Technologies, LLC, the...
Burkert: Two-Year Suspension and Full Restitution as a Condition to File for Reinstatement in Law‑Firm Fee Diversion Cases

Burkert: Two-Year Suspension and Full Restitution as a Condition to File for Reinstatement in Law‑Firm Fee Diversion Cases

Date: Sep 13, 2025
Burkert: Two-Year Suspension and Full Restitution as a Condition to File for Reinstatement in Law‑Firm Fee Diversion Cases Introduction In Office of Lawyer Regulation v. Matthew V. Burkert, 2025 WI...
Hunter After Diaz: Nebraska Authorizes Cumulative Punishments in Successive Prosecutions When Later-Occurring Facts Complete the Greater Offense

Hunter After Diaz: Nebraska Authorizes Cumulative Punishments in Successive Prosecutions When Later-Occurring Facts Complete the Greater Offense

Date: Sep 13, 2025
Hunter After Diaz: Nebraska Authorizes Cumulative Punishments in Successive Prosecutions When Later-Occurring Facts Complete the Greater Offense Introduction In State v. Lewis, 319 Neb. 847 (Neb....
First Circuit Reaffirms Strict Raise‑or‑Waive in Collateral Estoppel Disputes: Shabshelowitz v. Rhode Island Department of Public Safety

First Circuit Reaffirms Strict Raise‑or‑Waive in Collateral Estoppel Disputes: Shabshelowitz v. Rhode Island Department of Public Safety

Date: Sep 13, 2025
First Circuit Reaffirms Strict Raise‑or‑Waive in Collateral Estoppel Disputes: Shabshelowitz v. Rhode Island Department of Public Safety Introduction This First Circuit decision underscores a...
Extracurricular Expenses Are Incidents of Support Beyond Worksheet 1: Scott v. Scott (Neb. 2025)

Extracurricular Expenses Are Incidents of Support Beyond Worksheet 1: Scott v. Scott (Neb. 2025)

Date: Sep 13, 2025
Extracurricular Expenses Are Incidents of Support Beyond Worksheet 1: Scott v. Scott (Neb. 2025) Introduction Scott v. Scott, 319 Neb. 877 (Sept. 12, 2025), is a comprehensive opinion from the...
No “Indirect Cleansing” of Discriminatory Statutes: Fourth Circuit Invalidates North Carolina’s Felony‑Voting Crime and Clarifies Mootness After Prospective Amendments

No “Indirect Cleansing” of Discriminatory Statutes: Fourth Circuit Invalidates North Carolina’s Felony‑Voting Crime and Clarifies Mootness After Prospective Amendments

Date: Sep 13, 2025
No “Indirect Cleansing” of Discriminatory Statutes: Fourth Circuit Invalidates North Carolina’s Felony‑Voting Crime and Clarifies Mootness After Prospective Amendments Introduction In A. Philip...
“Substantial Opportunity to Use” Test for Late-Disclosed Evidence: Nevada Clarifies Prejudice and Continuance Cures in Lee v. State

“Substantial Opportunity to Use” Test for Late-Disclosed Evidence: Nevada Clarifies Prejudice and Continuance Cures in Lee v. State

Date: Sep 13, 2025
“Substantial Opportunity to Use” Test for Late-Disclosed Evidence: Nevada Clarifies Prejudice and Continuance Cures in Lee v. State Introduction In Lee (Michael) v. State, No. 85004 (Nev. Sept. 12,...
Federal Definition of “Conviction” Controls § 2251(e); § 2260A’s Ten-Year Consecutive Term Stacks Without Double-Jeopardy Violation; Rule 413 Reaches Enticement Attempts — Commentary on United States v. Baker (6th Cir. 2025)

Federal Definition of “Conviction” Controls § 2251(e); § 2260A’s Ten-Year Consecutive Term Stacks Without Double-Jeopardy Violation; Rule 413 Reaches Enticement Attempts — Commentary on United States v. Baker (6th Cir. 2025)

Date: Sep 13, 2025
Federal Definition of “Conviction” Controls § 2251(e); § 2260A’s Ten-Year Consecutive Term Stacks Without Double-Jeopardy Violation; Rule 413 Reaches Enticement Attempts — Commentary on United States...
Complete Restitution as a Precondition to Reinstatement and a Two-Year Benchmark for Law‑Firm Fee Diversion: Office of Lawyer Regulation v. Burkert (2025 WI 44)

Complete Restitution as a Precondition to Reinstatement and a Two-Year Benchmark for Law‑Firm Fee Diversion: Office of Lawyer Regulation v. Burkert (2025 WI 44)

Date: Sep 13, 2025
Complete Restitution as a Precondition to Reinstatement and a Two-Year Benchmark for Law‑Firm Fee Diversion Office of Lawyer Regulation v. Matthew V. Burkert, 2025 WI 44 (Wisconsin Supreme Court,...
Notice, Not Mens Rea: Hawaiʻi Supreme Court Holds Indictments Need Not Plead a State of Mind for HRS § 706-660.1 Firearm Sentencing Enhancements

Notice, Not Mens Rea: Hawaiʻi Supreme Court Holds Indictments Need Not Plead a State of Mind for HRS § 706-660.1 Firearm Sentencing Enhancements

Date: Sep 13, 2025
Notice, Not Mens Rea: Hawaiʻi Supreme Court Holds Indictments Need Not Plead a State of Mind for HRS § 706-660.1 Firearm Sentencing Enhancements Case: State v. Smith, SCWC-21-0000504 Court: Supreme...
No Qualified Immunity for Malicious Prosecution Built on Manufactured Evidence: Third Circuit’s Evans v. City of Newark

No Qualified Immunity for Malicious Prosecution Built on Manufactured Evidence: Third Circuit’s Evans v. City of Newark

Date: Sep 13, 2025
No Qualified Immunity for Malicious Prosecution Built on Manufactured Evidence Evans v. City of Newark (3d Cir. Sept. 12, 2025) Introduction In a precedential decision, the United States Court of...
Second Circuit Reaffirms Braswell’s Act‑of‑Production Bar at Trial and Imposes Single‑Recovery Rule for Co‑Conspirator Forfeiture Under § 981

Second Circuit Reaffirms Braswell’s Act‑of‑Production Bar at Trial and Imposes Single‑Recovery Rule for Co‑Conspirator Forfeiture Under § 981

Date: Sep 13, 2025
Second Circuit Reaffirms Braswell’s Act‑of‑Production Bar at Trial and Imposes Single‑Recovery Rule for Co‑Conspirator Forfeiture Under § 981 Introduction United States v. Costanzo is a Second...
Sixth Circuit: Four-Month Gap and a Conflated OCRC Probable-Cause Letter Are Insufficient to Prove Causation in Title VII Retaliation

Sixth Circuit: Four-Month Gap and a Conflated OCRC Probable-Cause Letter Are Insufficient to Prove Causation in Title VII Retaliation

Date: Sep 13, 2025
Sixth Circuit: Four-Month Gap and a Conflated OCRC Probable-Cause Letter Are Insufficient to Prove Causation in Title VII Retaliation Introduction In Theresa A. Kovacs v. University of Toledo, No....
Post-Muldrow in the Sixth Circuit: “Some Harm” Suffices for Title VII Discrimination, But Profane “Employee Beef” on Social Media Is Not Protected Speech

Post-Muldrow in the Sixth Circuit: “Some Harm” Suffices for Title VII Discrimination, But Profane “Employee Beef” on Social Media Is Not Protected Speech

Date: Sep 13, 2025
Post-Muldrow in the Sixth Circuit: “Some Harm” Suffices for Title VII Discrimination, But Profane “Employee Beef” on Social Media Is Not Protected Speech Introduction This published decision from the...
Section 666 in the Territories: Third Circuit Affirms that Commissioners of Statutorily “Independent” Agencies Are Government Agents and Federal Block Grants Are “Benefits”

Section 666 in the Territories: Third Circuit Affirms that Commissioners of Statutorily “Independent” Agencies Are Government Agents and Federal Block Grants Are “Benefits”

Date: Sep 13, 2025
Section 666 in the Territories: Third Circuit Affirms that Commissioners of Statutorily “Independent” Agencies Are Government Agents and Federal Block Grants Are “Benefits” Case: United States v....
No Duty to Exhaustively Vet Citizen-Witness Backgrounds; Probable Cause Sustained by Partial Corroboration and Reconstructed Affidavit — United States v. Larnerd (3d Cir. 2025)

No Duty to Exhaustively Vet Citizen-Witness Backgrounds; Probable Cause Sustained by Partial Corroboration and Reconstructed Affidavit — United States v. Larnerd (3d Cir. 2025)

Date: Sep 13, 2025
No Duty to Exhaustively Vet Citizen-Witness Backgrounds; Probable Cause Sustained by Partial Corroboration and Reconstructed Affidavit — United States v. Larnerd (3d Cir. 2025) Introduction In United...
Qualified Immunity Does Not Shield Malicious Prosecution Built on Manufactured Evidence: Third Circuit’s Evans v. Newark

Qualified Immunity Does Not Shield Malicious Prosecution Built on Manufactured Evidence: Third Circuit’s Evans v. Newark

Date: Sep 13, 2025
Qualified Immunity Does Not Shield Malicious Prosecution Built on Manufactured Evidence Commentary on Lee Evans v. Newark City, Nos. 23-1723 & 23-1724 (3d Cir. Sept. 12, 2025) Introduction This...
No “Drive Home” Safe Harbor: Eleventh Circuit Upholds K-9 Deployment Where Motorist Fails to Promptly Stop and Resists Commands

No “Drive Home” Safe Harbor: Eleventh Circuit Upholds K-9 Deployment Where Motorist Fails to Promptly Stop and Resists Commands

Date: Sep 13, 2025
No “Drive Home” Safe Harbor: Eleventh Circuit Upholds K-9 Deployment Where Motorist Fails to Promptly Stop and Resists Commands Case: Martinezz Bowman v. David Harvey Court: United States Court of...
United States v. Valdez: Oral Sentencing Controls Over Unpronounced Supervised-Release Conditions; Tailored Minor-Contact Restrictions Upheld

United States v. Valdez: Oral Sentencing Controls Over Unpronounced Supervised-Release Conditions; Tailored Minor-Contact Restrictions Upheld

Date: Sep 13, 2025
United States v. Valdez: Oral Sentencing Controls Over Unpronounced Supervised-Release Conditions; Tailored Minor-Contact Restrictions Upheld Introduction In United States v. Valdez, No. 23-6482 (2d...
Upholding § 922(g)(3) After Bruen: Disarming Current Drug Users Is Analogous to Founding‑Era Limits on the Intoxicated and the Mentally Ill

Upholding § 922(g)(3) After Bruen: Disarming Current Drug Users Is Analogous to Founding‑Era Limits on the Intoxicated and the Mentally Ill

Date: Sep 13, 2025
Upholding § 922(g)(3) After Bruen: Disarming Current Drug Users Is Analogous to Founding‑Era Limits on the Intoxicated and the Mentally Ill Introduction United States v. John P. Seiwert is the...
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