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

“The Multiple-Inconsistency Exhaustion Test” – Clarifying Credibility and Exhaustion in Immigration Appeals (Commentary on Li v. Bondi, 2d Cir. 2025)

“The Multiple-Inconsistency Exhaustion Test” – Clarifying Credibility and Exhaustion in Immigration Appeals (Commentary on Li v. Bondi, 2d Cir. 2025)

Date: Aug 25, 2025
“The Multiple-Inconsistency Exhaustion Test” – Clarifying Credibility and Exhaustion in Immigration Appeals (Commentary on Li v. Bondi, Court of Appeals for the Second Circuit, 19 Aug 2025) 1....
Clarifying the “Unable-or-Unwilling” Government Standard and the Futility Exception in Asylum & CAT Claims – Commentary on Yunga Uyaguari v. Bondi

Clarifying the “Unable-or-Unwilling” Government Standard and the Futility Exception in Asylum & CAT Claims – Commentary on Yunga Uyaguari v. Bondi

Date: Aug 25, 2025
Clarifying the “Unable-or-Unwilling” Government Standard and the Futility Exception in Asylum & CAT Claims – Commentary on Yunga Uyaguari v. Bondi (2d Cir. 2025) 1. Introduction Yunga Uyaguari v....
“Meaningfully-Constrain” Test Confirmed: The Second Circuit Upholds 18 U.S.C. § 922(a)(3) in United States v. Perez

“Meaningfully-Constrain” Test Confirmed: The Second Circuit Upholds 18 U.S.C. § 922(a)(3) in United States v. Perez

Date: Aug 25, 2025
“Meaningfully-Constrain” Test Confirmed: The Second Circuit Upholds 18 U.S.C. § 922(a)(3) in United States v. Perez 1. Introduction On 19 August 2025 the United States Court of Appeals for the Second...
“Ascertainability” and the 30-Day Removal Clock under § 1446(b)(3): A Commentary on Vermont v. 3M Co.

“Ascertainability” and the 30-Day Removal Clock under § 1446(b)(3): A Commentary on Vermont v. 3M Co.

Date: Aug 25, 2025
“Ascertainability” and the 30-Day Removal Clock under § 1446(b)(3): A Comprehensive Commentary on Vermont v. 3M Co. (2d Cir. 2025) 1. Introduction The Second Circuit’s decision in Vermont v. 3M Co.,...
Instantaneous Force and Qualified Immunity: The Sindell Clarification on Officer Liability for Rapid Takedowns

Instantaneous Force and Qualified Immunity: The Sindell Clarification on Officer Liability for Rapid Takedowns

Date: Aug 25, 2025
Instantaneous Force and Qualified Immunity: Sindell v. Coach & the Eleventh Circuit’s Refined Boundaries on Failure-to-Intervene and Retaliation Claims 1. Introduction On 19 August 2025 the United...
Scott v. Carnival: The Eleventh Circuit’s Strict Enforcement of Rule 26 Expert-Disclosure Deadlines in Maritime Personal-Injury Litigation

Scott v. Carnival: The Eleventh Circuit’s Strict Enforcement of Rule 26 Expert-Disclosure Deadlines in Maritime Personal-Injury Litigation

Date: Aug 25, 2025
Scott v. Carnival: The Eleventh Circuit’s Strict Enforcement of Rule 26 Expert-Disclosure Deadlines in Maritime Personal-Injury Litigation 1. Introduction Alvin Scott’s cruise-ship slip-and-fall...
“The Day-Filled Rule”: Eleventh Circuit Clarifies How Insurers Must Calculate Oral-Chemotherapy Benefits

“The Day-Filled Rule”: Eleventh Circuit Clarifies How Insurers Must Calculate Oral-Chemotherapy Benefits

Date: Aug 25, 2025
“The Day-Filled Rule”: Eleventh Circuit Clarifies How Insurers Must Calculate Oral-Chemotherapy Benefits 1. Introduction Henry R. Seawell III and Kathryn D. Seawell sued Colonial Life & Accident...
United States v. Rosario-Torres: No Duty to Prove the Visibility or Placement of Traffic-Control Markings to Establish Reasonable Suspicion for a Stop

United States v. Rosario-Torres: No Duty to Prove the Visibility or Placement of Traffic-Control Markings to Establish Reasonable Suspicion for a Stop

Date: Aug 25, 2025
United States v. Elias Xavier Rosario Torres & Veronica Estefania Rodriguez Pinuela Eleventh Circuit, Aug. 19 2025 Commentary Title “No Duty to Prove the Legibility or Proper Positioning of Road...
Tattoo Imagery as Admissible Identity Evidence: United States v. Reid and the Refinement of Federal Evidentiary & ACCA Doctrine

Tattoo Imagery as Admissible Identity Evidence: United States v. Reid and the Refinement of Federal Evidentiary & ACCA Doctrine

Date: Aug 25, 2025
Tattoo Imagery as Admissible Identity Evidence: United States v. Reid and the Refinement of Federal Evidentiary & ACCA Doctrine Introduction In United States v. Jonathan Anthony Reid, No. 23-10619...
Mandatory Revocation for Firearm Possession: § 3553(a) Factors Not Required & Consecutive Sentencing Presumed — Commentary on United States v. Rafael Perez (11th Cir. 2025)

Mandatory Revocation for Firearm Possession: § 3553(a) Factors Not Required & Consecutive Sentencing Presumed — Commentary on United States v. Rafael Perez (11th Cir. 2025)

Date: Aug 25, 2025
Mandatory Revocation for Firearm Possession: § 3553(a) Factors Not Required & Consecutive Sentencing Presumed — Commentary on United States v. Rafael Perez (11th Cir. 2025) Introduction United States...
United States v. Radaker-Carter: Sixth Circuit Resolves the Standard-of-Review Split in Pre-trial Identification Suppression Motions

United States v. Radaker-Carter: Sixth Circuit Resolves the Standard-of-Review Split in Pre-trial Identification Suppression Motions

Date: Aug 25, 2025
United States v. Radaker-Carter: Sixth Circuit Resolves the Standard-of-Review Split in Pre-trial Identification Suppression Motions 1. Introduction In United States v. Kyrrah Cornell Radaker-Carter,...

        United States v. Jackson: “Plain-View Vehicle Firearm” Rule for § 2D1.1(b)(1) Enhancements

United States v. Jackson: “Plain-View Vehicle Firearm” Rule for § 2D1.1(b)(1) Enhancements

Date: Aug 25, 2025
United States v. Jackson: Establishing the “Plain-View Vehicle Firearm” Rule for § 2D1.1(b)(1) Sentencing Enhancements 1. Introduction On 19 August 2025, the United States Court of Appeals for the...
“Collateral-Order Appeals in Habeas Cases:  Farrow v. Colorado Clarifies that No Certificate of Appealability Is Required and Re-affirms Strict Rule 4 Time Limits”

“Collateral-Order Appeals in Habeas Cases: Farrow v. Colorado Clarifies that No Certificate of Appealability Is Required and Re-affirms Strict Rule 4 Time Limits”

Date: Aug 25, 2025
Collateral-Order Appeals in Habeas Cases: Farrow v. Colorado Clarifies that No Certificate of Appealability Is Required and Re-affirms Strict Rule 4 Time Limits 1. Introduction Farrow v. People of...
“Full-Refund Attribution” in Colorado Bankruptcy:  The Tenth Circuit’s Clarification of § 13-54-102(1)(o) in In re Garcia-Morales

“Full-Refund Attribution” in Colorado Bankruptcy: The Tenth Circuit’s Clarification of § 13-54-102(1)(o) in In re Garcia-Morales

Date: Aug 25, 2025
“Full-Refund Attribution” in Colorado Bankruptcy: The Tenth Circuit’s Clarification of § 13-54-102(1)(o) in In re Garcia-Morales Introduction The United States Court of Appeals for the Tenth Circuit...
The Ortega Precedent: A Second-Amendment Right to Timely Firearm Acquisition and the Demise of Blanket Waiting-Period Laws

The Ortega Precedent: A Second-Amendment Right to Timely Firearm Acquisition and the Demise of Blanket Waiting-Period Laws

Date: Aug 25, 2025
The Ortega Precedent: A Second-Amendment Right to Timely Firearm Acquisition and the Demise of Blanket Waiting-Period Laws 1. Introduction Ortega v. Lujan Grisham, No. 24-2121 (10th Cir. Aug. 19,...
Tenth Circuit Clarifies When Identical Prior Convictions Are Admissible for Impeachment: United States v. Jones (2025)

Tenth Circuit Clarifies When Identical Prior Convictions Are Admissible for Impeachment: United States v. Jones (2025)

Date: Aug 25, 2025
Tenth Circuit Clarifies When Identical Prior Convictions Are Admissible for Impeachment Commentary on United States v. Jones, 84 F.4th ___ (10th Cir. 2025) Introduction United States v. Jones...
The Johnson Rule: Exclusive Veterans-Benefits Review & the End of District-Court Jurisdiction over Facial Challenges

The Johnson Rule: Exclusive Veterans-Benefits Review & the End of District-Court Jurisdiction over Facial Challenges

Date: Aug 25, 2025
The Johnson Rule: Exclusive Veterans-Benefits Review & the End of District-Court Jurisdiction over Facial Constitutional Challenges Introduction In Floyd D. (Donald) Johnson v. United States...
Extending the Sunken Military Craft Act’s Bar to In-Personam Salvage Claims:  A Commentary on Global Marine Exploration, Inc. v. Republic of France (11th Cir. 2025)

Extending the Sunken Military Craft Act’s Bar to In-Personam Salvage Claims: A Commentary on Global Marine Exploration, Inc. v. Republic of France (11th Cir. 2025)

Date: Aug 25, 2025
Extending the Sunken Military Craft Act’s Bar to In-Personam Salvage Claims: A Commentary on Global Marine Exploration, Inc. v. Republic of France, Eleventh Circuit, 19 Aug 2025 1. Introduction For...
“Harmless-Error” Review for Anonymous Juries and the Enduring Use of Acquitted Conduct: A Commentary on United States v. Touray (11th Cir. 2025)

“Harmless-Error” Review for Anonymous Juries and the Enduring Use of Acquitted Conduct: A Commentary on United States v. Touray (11th Cir. 2025)

Date: Aug 25, 2025
“Harmless-Error” Review for Anonymous Juries and the Enduring Use of Acquitted Conduct: An Expert Commentary on United States v. Alhaji Jewru Touray, 23-13121 (11th Cir. 2025) 1. Introduction The...
Foreign Providers, Same Channel: First Circuit Holds that
           Medicare Act Exhaustion Applies to Overseas Hospitals’ State-Law
           Claims Against Medicare Advantage Organizations

Foreign Providers, Same Channel: First Circuit Holds that Medicare Act Exhaustion Applies to Overseas Hospitals’ State-Law Claims Against Medicare Advantage Organizations

Date: Aug 25, 2025
Foreign Providers, Same Channel: First Circuit Holds that Medicare Act Exhaustion Applies to Overseas Hospitals’ State-Law Claims Against Medicare Advantage Organizations Introduction Hospital...
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