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

“Situational-Awareness” and Contributory Negligence:  The Precedential Reach of Moseley v. Hendricks (N.C. 2025)

“Situational-Awareness” and Contributory Negligence: The Precedential Reach of Moseley v. Hendricks (N.C. 2025)

Date: Aug 26, 2025
“Situational-Awareness” and Contributory Negligence: The Precedential Reach of Moseley v. Hendricks (Supreme Court of North Carolina, 2025) 1. Introduction Moseley v. Hendricks is a sharply divided...
From “Rational” to “Reasonable”:  N.C. Bar & Tavern Ass’n v. Stein and the New Fruits-of-Labor Scrutiny in North Carolina

From “Rational” to “Reasonable”: N.C. Bar & Tavern Ass’n v. Stein and the New Fruits-of-Labor Scrutiny in North Carolina

Date: Aug 26, 2025
From “Rational” to “Reasonable”: N.C. Bar & Tavern Association v. Stein (2025) and the Re-Tooling of Fruits-of-Labor Doctrine Introduction In N.C. Bar and Tavern Association v. Stein, the Supreme...
Administrative Agencies Barred from Deciding As-Applied Constitutional Tax Challenges – Commentary on N.C. Dep’t of Revenue v. Philip Morris USA, Inc. (N.C. 2025)

Administrative Agencies Barred from Deciding As-Applied Constitutional Tax Challenges – Commentary on N.C. Dep’t of Revenue v. Philip Morris USA, Inc. (N.C. 2025)

Date: Aug 26, 2025
Administrative Agencies Barred from Deciding As-Applied Constitutional Tax Challenges: A Full Commentary on N.C. Department of Revenue v. Philip Morris USA, Inc., Supreme Court of North Carolina...
“Good-Bye, Chevron: The Supreme Court of North Carolina Re-Establishes Pure De Novo Review in Savage v. N.C. Department of Transportation”

“Good-Bye, Chevron: The Supreme Court of North Carolina Re-Establishes Pure De Novo Review in Savage v. N.C. Department of Transportation”

Date: Aug 26, 2025
“Good-Bye, Chevron: The Supreme Court of North Carolina Re-Establishes Pure De Novo Review in Savage v. N.C. Department of Transportation” 1. Introduction Savage v. N.C. Dep’t of Transportation, No....
Household-Pet or Livestock? –  Schroeder v. Oak Grove Farm HOA and the Re-Entrenchment of the Jury as Arbiter of Fact in Restrictive-Covenant Disputes

Household-Pet or Livestock? – Schroeder v. Oak Grove Farm HOA and the Re-Entrenchment of the Jury as Arbiter of Fact in Restrictive-Covenant Disputes

Date: Aug 26, 2025
Household-Pet or Livestock? Schroeder v. Oak Grove Farm HOA and the Re-Entrenchment of the Jury as Arbiter of Fact in Restrictive-Covenant Disputes 1. Introduction In Schroeder v. Oak Grove Farm...
State v. Wright: Deference to Trial-Court Findings and the “Change-of-Mind” Rule in Voluntary-Consent Searches

State v. Wright: Deference to Trial-Court Findings and the “Change-of-Mind” Rule in Voluntary-Consent Searches

Date: Aug 26, 2025
State v. Wright: Deference to Trial-Court Findings and the “Change-of-Mind” Rule in Voluntary-Consent Searches Introduction In State v. Wright, No. 258PA23 (N.C. Aug. 22, 2025), the Supreme Court of...
Revesting Title and Judicial Power to Undo Private-Purpose Takings – A Commentary on Town of Apex v. Rubin (N.C. 2025)

Revesting Title and Judicial Power to Undo Private-Purpose Takings – A Commentary on Town of Apex v. Rubin (N.C. 2025)

Date: Aug 26, 2025
Revesting Title and Judicial Power to Undo Private-Purpose Takings A Comprehensive Commentary on Town of Apex v. Rubin, Supreme Court of North Carolina (2025) 1. Introduction Town of Apex v. Rubin is...
Reversionary Title & Mandatory Injunctions After an Unconstitutional Taking – Comment on Town of Apex v. Rubin

Reversionary Title & Mandatory Injunctions After an Unconstitutional Taking – Comment on Town of Apex v. Rubin

Date: Aug 26, 2025
Reversionary Title & Mandatory Injunctions After an Unconstitutional Taking A Comprehensive Commentary on Town of Apex v. Rubin, 385 N.C. ___ (2025) 1. Introduction In Town of Apex v. Rubin, the...
Second Circuit Clarifies Plain-Error Review of Electronic Search Conditions: Commentary on United States v. Ford (2025)

Second Circuit Clarifies Plain-Error Review of Electronic Search Conditions: Commentary on United States v. Ford (2025)

Date: Aug 26, 2025
Second Circuit Clarifies Plain-Error Review of Electronic Search Conditions on Supervised Release Commentary on United States v. Ford, 24-1454 (2d Cir. Aug. 22, 2025) Introduction United States v....
“Unusually Dangerous” Arms and the Second Amendment: The Second Circuit’s Nuanced Analogue Test in Nat’l Ass’n for Gun Rights v. Lamont & Grant v. Rovella

“Unusually Dangerous” Arms and the Second Amendment: The Second Circuit’s Nuanced Analogue Test in Nat’l Ass’n for Gun Rights v. Lamont & Grant v. Rovella

Date: Aug 26, 2025
“Unusually Dangerous” Arms and the Second Amendment: The Second Circuit’s Nuanced Analogue Test in Nat’l Ass’n for Gun Rights v. Lamont & Grant v. Rovella Introduction On 22 August 2025 the United...
Establishing Personal Jurisdiction Through Domestic Derivative Transactions: A Commentary on Sullivan v. UBS AG (2d Cir. 2025)

Establishing Personal Jurisdiction Through Domestic Derivative Transactions: A Commentary on Sullivan v. UBS AG (2d Cir. 2025)

Date: Aug 26, 2025
Establishing Personal Jurisdiction Through Domestic Derivative Transactions: The Second Circuit’s Refined Approach in Sullivan v. UBS AG (2025) Introduction In Sullivan v. UBS AG, the United States...
From “Occasions” to “Instances”: Second Circuit Extends Wooden-Style Analysis to U.S.S.G. § 2G2.2(b)(5)’s Pattern-of-Abuse Enhancement

From “Occasions” to “Instances”: Second Circuit Extends Wooden-Style Analysis to U.S.S.G. § 2G2.2(b)(5)’s Pattern-of-Abuse Enhancement

Date: Aug 26, 2025
From “Occasions” to “Instances”: Second Circuit Extends Wooden-Style Analysis to U.S.S.G. § 2G2.2(b)(5)’s Pattern-of-Abuse Enhancement Introduction In United States v. Bullock, No. 23-7341 (2d Cir....
Active Ecological Management within Conservation Deeds: The Second Circuit’s New Framework in Wildlife Preserves v. Romero

Active Ecological Management within Conservation Deeds: The Second Circuit’s New Framework in Wildlife Preserves v. Romero

Date: Aug 26, 2025
Active Ecological Management within Conservation Deeds: The Second Circuit’s New Framework in Wildlife Preserves, Inc. v. Romero 1. Introduction The Court of Appeals for the Second Circuit has...
“Clear-Repudiation” Starts the Clock: Eleventh Circuit Reinforces Contractual Limitations and Plausibility Pleading under ERISA in Ahanotu v. NFL Retirement Board

“Clear-Repudiation” Starts the Clock: Eleventh Circuit Reinforces Contractual Limitations and Plausibility Pleading under ERISA in Ahanotu v. NFL Retirement Board

Date: Aug 25, 2025
“Clear-Repudiation” Starts the Clock: Eleventh Circuit Reinforces Contractual Limitations and Plausibility Pleading under ERISA in Ahanotu v. NFL Retirement Board 1. Introduction This Court of...
“Stipulated Prevailing Status” and the Lodestar’s Resilience:  Eleventh Circuit Affirms Full Attorneys’-Fee Recovery in FLSA Settlements (Becton & Barker v. WBY, Inc.)

“Stipulated Prevailing Status” and the Lodestar’s Resilience: Eleventh Circuit Affirms Full Attorneys’-Fee Recovery in FLSA Settlements (Becton & Barker v. WBY, Inc.)

Date: Aug 25, 2025
“Stipulated Prevailing Status” and the Lodestar’s Resilience: Eleventh Circuit Affirms Full Attorneys’-Fee Recovery in FLSA Settlements (Becton & Barker v. WBY, Inc.) Introduction This commentary...
Eleventh Circuit Solidifies Lodestar Presumption and Objection Specificity in FLSA Fee-Shifting: A Commentary on Soraya Barker v. WBY, Inc.

Eleventh Circuit Solidifies Lodestar Presumption and Objection Specificity in FLSA Fee-Shifting: A Commentary on Soraya Barker v. WBY, Inc.

Date: Aug 25, 2025
Eleventh Circuit Solidifies Lodestar Presumption and Objection Specificity in FLSA Fee-Shifting Commentary on Soraya Barker v. WBY, Inc. (11th Cir. Aug. 22, 2025) Introduction The consolidated...
EEZs as High Seas: Eleventh Circuit Reaffirms MDLEA Jurisdiction and Stateless-Vessel Definition

EEZs as High Seas: Eleventh Circuit Reaffirms MDLEA Jurisdiction and Stateless-Vessel Definition

Date: Aug 25, 2025
EEZs as High Seas: Eleventh Circuit Reaffirms MDLEA Jurisdiction and Stateless-Vessel Definition Introduction In United States v. Benjamin Sandoval (consolidated with United States v. Martin Anthony...
Inferred Conspiracy Through Intermediary Conduct: The Eleventh Circuit’s Clarification on Sufficiency of Evidence in United States v. Damion Clarke

Inferred Conspiracy Through Intermediary Conduct: The Eleventh Circuit’s Clarification on Sufficiency of Evidence in United States v. Damion Clarke

Date: Aug 25, 2025
Inferred Conspiracy Through Intermediary Conduct: The Eleventh Circuit’s Clarification on Sufficiency of Evidence in United States v. Damion Clarke 1. Introduction On 22 August 2025, the United...
High Seas Jurisdiction Unbound: United States v. Trench & Sandoval (11th Cir. 2025)

High Seas Jurisdiction Unbound: United States v. Trench & Sandoval (11th Cir. 2025)

Date: Aug 25, 2025
High Seas Jurisdiction Unbound: United States v. Trench & Sandoval (11th Cir. 2025) Introduction On 22 August 2025, the U.S. Court of Appeals for the Eleventh Circuit issued a per curiam decision in...
Candor Over Silence: Eleventh Circuit Holds that Government May Reveal Post-Plea Misconduct Without Breaching a Low-End Recommendation—Recruitment Alone Triggers §3B1.1(c) Leadership Enhancement

Candor Over Silence: Eleventh Circuit Holds that Government May Reveal Post-Plea Misconduct Without Breaching a Low-End Recommendation—Recruitment Alone Triggers §3B1.1(c) Leadership Enhancement

Date: Aug 25, 2025
Candor Over Silence: Eleventh Circuit Holds that Government May Reveal Post-Plea Misconduct Without Breaching a Low-End Recommendation—Recruitment Alone Triggers §3B1.1(c) Leadership Enhancement...
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