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

Boyer v. State: Malice Without Motive and Tightened Limits on Alternative-Suspect Hearsay Under W.R.E. 803(8)(C)

Boyer v. State: Malice Without Motive and Tightened Limits on Alternative-Suspect Hearsay Under W.R.E. 803(8)(C)

Date: Sep 13, 2025
Boyer v. State: Malice Without Motive and Tightened Limits on Alternative-Suspect Hearsay Under W.R.E. 803(8)(C) Introduction In Andrew Lee Boyer v. The State of Wyoming, 2025 WY 100 (Wyo. Sept. 12,...
Sampson Limited: Affirmative Defenses Must Be Evidenced at Summary Judgment; Hayden Foreclosure Standard Reaffirmed

Sampson Limited: Affirmative Defenses Must Be Evidenced at Summary Judgment; Hayden Foreclosure Standard Reaffirmed

Date: Sep 13, 2025
Sampson Limited: Affirmative Defenses Must Be Evidenced at Summary Judgment; Hayden Foreclosure Standard Reaffirmed Introduction In Russell A. Collins and Stacey D. Collins v. West Alabama Bank &...
Ex parte Tanner: Extending Ford’s “Relate-To” Specific Jurisdiction to Cross‑Border Health Systems; AMLA Venue Applicability to Out‑of‑State Malpractice Unresolved

Ex parte Tanner: Extending Ford’s “Relate-To” Specific Jurisdiction to Cross‑Border Health Systems; AMLA Venue Applicability to Out‑of‑State Malpractice Unresolved

Date: Sep 13, 2025
Ex parte Tanner: Extending Ford’s “Relate-To” Specific Jurisdiction to Cross‑Border Health Systems; AMLA Venue Applicability to Out‑of‑State Malpractice Unresolved Introduction This commentary...
Bruen Step One Is Textual; Surety-Law Tradition Permits Temporary Disarmament of Felony Indictees: United States v. Jackson (4th Cir. 2025)

Bruen Step One Is Textual; Surety-Law Tradition Permits Temporary Disarmament of Felony Indictees: United States v. Jackson (4th Cir. 2025)

Date: Sep 13, 2025
Bruen Step One Is Textual; Surety-Law Tradition Permits Temporary Disarmament of Felony Indictees: United States v. Jackson (4th Cir. 2025) Introduction In United States v. Brandon Glen Jackson, the...
Misheard Confession, Independent Probable Cause, and Ligature Strangulation as a Deadly Weapon: Roginsky v. State (Nev. 2025)

Misheard Confession, Independent Probable Cause, and Ligature Strangulation as a Deadly Weapon: Roginsky v. State (Nev. 2025)

Date: Sep 13, 2025
Misheard Confession, Independent Probable Cause, and Ligature Strangulation as a Deadly Weapon: Roginsky v. State (Nev. 2025) Introduction In Roginsky (Robert) v. State, No. 89006 (Nev. Sept. 12,...
No Equitable Tolling for INA’s One-Motion Rule: The Fifth Circuit’s Categorical Bar on Tolling the Numerical Limit in Motions to Reopen

No Equitable Tolling for INA’s One-Motion Rule: The Fifth Circuit’s Categorical Bar on Tolling the Numerical Limit in Motions to Reopen

Date: Sep 13, 2025
No Equitable Tolling for INA’s One-Motion Rule: The Fifth Circuit’s Categorical Bar on Tolling the Numerical Limit in Motions to Reopen Introduction In Garcia Morin v. Bondi, No. 24-60590 (5th Cir....
Unapproved Class Settlements Don’t Moot Previously Granted Injunctive Relief: Third Circuit Affirms Permanent Injunction Despite Delay and Minor Drafting Errors

Unapproved Class Settlements Don’t Moot Previously Granted Injunctive Relief: Third Circuit Affirms Permanent Injunction Despite Delay and Minor Drafting Errors

Date: Sep 13, 2025
Unapproved Class Settlements Don’t Moot Previously Granted Injunctive Relief: Third Circuit Affirms Permanent Injunction Despite Delay and Minor Drafting Errors Case: Vaudral Luxama v. Ironbound...
Images and Mentions Are Not Enough: Third Circuit Clarifies “Of and Concerning” and Reaffirms Opinion/Substantial-Truth Shields for Political Commentary

Images and Mentions Are Not Enough: Third Circuit Clarifies “Of and Concerning” and Reaffirms Opinion/Substantial-Truth Shields for Political Commentary

Date: Sep 13, 2025
Images and Mentions Are Not Enough: Third Circuit Clarifies “Of and Concerning” and Reaffirms Opinion/Substantial-Truth Shields for Political Commentary Case: Nina Jankowicz v. Fox News Network LLC...
No Bright-Line 30-Day Rule and Pre-Enforcement Standing for Training-Arrest Threats: The Second Circuit’s Post-Bruen Roadmap in Giambalvo v. Suffolk County

No Bright-Line 30-Day Rule and Pre-Enforcement Standing for Training-Arrest Threats: The Second Circuit’s Post-Bruen Roadmap in Giambalvo v. Suffolk County

Date: Sep 13, 2025
No Bright-Line 30-Day Rule and Pre-Enforcement Standing for Training-Arrest Threats: The Second Circuit’s Post-Bruen Roadmap in Giambalvo v. Suffolk County Introduction In Giambalvo v. Suffolk...
States May Regulate 340B Patient-Level Distribution: Fifth Circuit Declines to Enjoin Mississippi’s Contract-Pharmacy “Non‑Interference” Law

States May Regulate 340B Patient-Level Distribution: Fifth Circuit Declines to Enjoin Mississippi’s Contract-Pharmacy “Non‑Interference” Law

Date: Sep 13, 2025
States May Regulate 340B Patient-Level Distribution: Fifth Circuit Declines to Enjoin Mississippi’s Contract-Pharmacy “Non‑Interference” Law Introduction In AbbVie v. Fitch, the U.S. Court of Appeals...
No Summons Before IFP Screening; Plausibility Requires Facts: Second Circuit Affirms § 1915(e) Dismissal in Lewis v. Redline Hockey

No Summons Before IFP Screening; Plausibility Requires Facts: Second Circuit Affirms § 1915(e) Dismissal in Lewis v. Redline Hockey

Date: Sep 13, 2025
No Summons Before IFP Screening; Plausibility Requires Facts: Second Circuit Affirms § 1915(e) Dismissal in Lewis v. Redline Hockey Introduction In Lewis v. Redline Hockey, LLC, No. 24-1342-cv (2d...
PLRA Grievances Must Signal Retaliation; Evidence Beyond Disagreement or Injury‑Free Delay Needed to Survive Summary Judgment on Prison Medical Claims

PLRA Grievances Must Signal Retaliation; Evidence Beyond Disagreement or Injury‑Free Delay Needed to Survive Summary Judgment on Prison Medical Claims

Date: Sep 13, 2025
PLRA Grievances Must Signal Retaliation; Evidence Beyond Disagreement or Injury‑Free Delay Needed to Survive Summary Judgment on Prison Medical Claims Editorial note: This is a Second Circuit summary...
Exhaust-Local-Then-Random: Montana’s New Contiguous-Pool Protocol for Assigning Substituted District Judges Under SB 41

Exhaust-Local-Then-Random: Montana’s New Contiguous-Pool Protocol for Assigning Substituted District Judges Under SB 41

Date: Sep 13, 2025
Exhaust-Local-Then-Random: Montana’s New Contiguous-Pool Protocol for Assigning Substituted District Judges Under SB 41 Introduction In AF 09-0289, the Supreme Court of Montana announced a revised...
No State Exhaustion Bar to § 1983 Due‑Process Delay Claims; Alabama Supreme Court Remands for Fact‑Finding on Mootness After SCOTUS Reversal

No State Exhaustion Bar to § 1983 Due‑Process Delay Claims; Alabama Supreme Court Remands for Fact‑Finding on Mootness After SCOTUS Reversal

Date: Sep 13, 2025
No State Exhaustion Bar to § 1983 Due‑Process Delay Claims; Alabama Supreme Court Remands for Fact‑Finding on Mootness After SCOTUS Reversal Introduction This commentary analyzes the Alabama Supreme...
Speed Alone Does Not Defeat Magistrate Neutrality; Multi-Day After-Hours Processing Is Not a Nighttime Search Under Rule 13.2(c)

Speed Alone Does Not Defeat Magistrate Neutrality; Multi-Day After-Hours Processing Is Not a Nighttime Search Under Rule 13.2(c)

Date: Sep 12, 2025
Speed Alone Does Not Defeat Magistrate Neutrality; Multi-Day After-Hours Processing Is Not a Nighttime Search Under Rule 13.2(c) Introduction In Timothy Clevenger v. State of Arkansas, 2025 Ark. 128...
When Two Weeks Are Enough: Police-Involved Exchange Conflicts and a Communication Breakdown as a “Change in Circumstances” Justifying Sole Legal Custody; Child-as-Messenger Violations Supporting Civil Contempt and Counsel-Fee Fines; Harassment-by-Course-of-Conduct Sustaining a Family Offense Order of Protection

When Two Weeks Are Enough: Police-Involved Exchange Conflicts and a Communication Breakdown as a “Change in Circumstances” Justifying Sole Legal Custody; Child-as-Messenger Violations Supporting Civil Contempt and Counsel-Fee Fines; Harassment-by-Course-of-Conduct Sustaining a Family Offense Order of Protection

Date: Sep 12, 2025
When Two Weeks Are Enough: Police-Involved Exchange Conflicts and a Communication Breakdown as a “Change in Circumstances” Justifying Sole Legal Custody; Child-as-Messenger Violations Supporting...
Common-Law Six-Month Notice Governs Ejectment of Month-to-Month Residential Tenants; RPL § 232-a/§ 226-c Notice Scheme Limited to Summary Proceedings (Olympic Galleria, Co., Inc. v. Sitt)

Common-Law Six-Month Notice Governs Ejectment of Month-to-Month Residential Tenants; RPL § 232-a/§ 226-c Notice Scheme Limited to Summary Proceedings (Olympic Galleria, Co., Inc. v. Sitt)

Date: Sep 12, 2025
Common-Law Six-Month Notice Governs Ejectment of Month-to-Month Residential Tenants; RPL § 232-a/§ 226-c Notice Scheme Limited to Summary Proceedings Case: Olympic Galleria, Co., Inc. v. Sitt, 2025...
State v. Lee (2025 ND 148): Compromise Statutes Do Not Bar Prosecutorial Dismissal of Felonies; Trial Courts May Deny Rule 48(a) Dismissals Only on Evidence of Bad Faith or Comparable Abuse

State v. Lee (2025 ND 148): Compromise Statutes Do Not Bar Prosecutorial Dismissal of Felonies; Trial Courts May Deny Rule 48(a) Dismissals Only on Evidence of Bad Faith or Comparable Abuse

Date: Sep 12, 2025
State v. Lee (2025 ND 148): Compromise Statutes Do Not Bar Prosecutorial Dismissal of Felonies; Trial Courts May Deny Rule 48(a) Dismissals Only on Evidence of Bad Faith or Comparable Abuse...
No-Notice Upward Variances and Restitution-Repayment Conditions: Sixth Circuit Affirms Robust Sentencing Discretion in United States v. Radovic et al.

No-Notice Upward Variances and Restitution-Repayment Conditions: Sixth Circuit Affirms Robust Sentencing Discretion in United States v. Radovic et al.

Date: Sep 12, 2025
No-Notice Upward Variances and Restitution-Repayment Conditions: Sixth Circuit Affirms Robust Sentencing Discretion in United States v. Radovic et al. Introduction In this consolidated,...
United States v. Kahook (6th Cir. 2025): Sixth Circuit Affirms Authority to Require Supervised-Release Payments Toward Prior Restitution and Upholds Significant Upward Variances for Recidivism and Unaccounted Conduct

United States v. Kahook (6th Cir. 2025): Sixth Circuit Affirms Authority to Require Supervised-Release Payments Toward Prior Restitution and Upholds Significant Upward Variances for Recidivism and Unaccounted Conduct

Date: Sep 12, 2025
United States v. Kahook (6th Cir. 2025): Sixth Circuit Affirms Authority to Require Supervised-Release Payments Toward Prior Restitution and Upholds Significant Upward Variances for Recidivism and...
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