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

Lux-Lux v. Bondi: Forfeiture of Niz-Chavez–Based NTA Defects When Not Timely Raised

Date: Jul 30, 2025

Lux-Lux v. Bondi: Forfeiture of Niz-Chavez–Based NTA Defects When Not Timely Raised Introduction Diego Andrés Lux-Lux, an indigenous Guatemalan, entered the United States as a minor in 2015 and...

Selective-Truth Reporting and Cat’s-Paw Liability: Sixth Circuit Expands Employer Responsibility in ADA Retaliation Cases

Date: Jul 30, 2025

Selective-Truth Reporting and Cat’s-Paw Liability: The Sixth Circuit’s New Benchmark for Employer Liability in ADA Retaliation (Monica Gray v. State Farm) Introduction Monica Gray, a fifteen-year...

Digital Translation and Consent Searches: Sixth Circuit Affirms Google-Translate-Facilitated Consent in United States v. Ceja-Torres

Date: Jul 30, 2025

Digital Translation and Consent Searches: Sixth Circuit Affirms Google-Translate-Facilitated Consent in United States v. Ceja-Torres Introduction The Sixth Circuit’s decision in United States v....

Beyond the Substance: Sixth Circuit Clarifies “Relevant Conduct” Across Different Drugs and Affirms Broad Application of the Drug-Premises Enhancement

Date: Jul 30, 2025

Beyond the Substance: Sixth Circuit Clarifies “Relevant Conduct” Across Different Drugs and Affirms Broad Application of the Drug-Premises Enhancement Introduction In United States v. Jaylen Sain,...

United States v. Butler – Sixth Circuit Clarifies “Dominion” in Constructive Possession and Limits Remote Drug-Use Evidence

Date: Jul 30, 2025

United States v. Butler – Sixth Circuit Clarifies “Dominion” in Constructive Possession and Limits Remote Drug-Use Evidence Introduction The unpublished opinion in United States v. Patrick Dillon...

Eleventh Circuit Reinforces the APA Duty to Update Economic Analyses and Give Reasoned Explanations for Cost-Allocation Shifts – Commentary on American Securities Association v. SEC (2025)

Date: Jul 30, 2025

Eleventh Circuit Reinforces the APA Duty to Update Economic Analyses and Give Reasoned Explanations for Cost-Allocation Shifts Commentary on American Securities Association & Citadel Securities LLC...

Extending Rule 41(a): Eleventh Circuit Authorises Voluntary Dismissal of Individual Plaintiffs in Multi-Plaintiff Actions

Date: Jul 30, 2025

Extending Rule 41(a): Eleventh Circuit Authorises Voluntary Dismissal of Individual Plaintiffs in Multi-Plaintiff Actions Introduction Jeanne Weinstein v. 440 Corp. marks a significant procedural...

Discovery-Informed Pleading Survives: Eleventh Circuit Clarifies that Rule 9(b) Does Not Bar Use of Discovery-Derived Allegations at the Motion-to-Dismiss Stage

Date: Jul 30, 2025

Discovery-Informed Pleading Survives: Eleventh Circuit Clarifies that Rule 9(b) Does Not Bar Use of Discovery-Derived Allegations at the Motion-to-Dismiss Stage Introduction The United States Court...

The “Johnny Appleseed” Myth Debunked: Eleventh Circuit Affirms that Free Transfers of Drugs Are “Distribution” under 21 U.S.C. § 841 and Re-validates Georgia Burglary as an ACCA Predicate

Date: Jul 30, 2025

The “Johnny Appleseed” Myth Debunked: Eleventh Circuit Affirms that Free Transfers of Drugs Are “Distribution” under 21 U.S.C. § 841 and Re-validates Georgia Burglary as an ACCA Predicate 1....

Seventh Circuit Clarifies that Appraisers May Decide Causation and Limits Insurers’ “Right-to-Deny” After Appraisal

Date: Jul 30, 2025

Seventh Circuit Clarifies that Appraisers May Decide Causation and Limits Insurers’ “Right-to-Deny” After Appraisal Introduction Mesco Manufacturing, LLC (“Mesco”) and Motorists Mutual Insurance...

Alexander v. Kramer: Clarifying the Evidentiary Threshold for Deliberate Indifference Claims under the Eighth Amendment

Date: Jul 30, 2025

Alexander v. Kramer: Clarifying the Evidentiary Threshold for Deliberate Indifference Claims under the Eighth Amendment 1. Introduction Ricky N. Alexander, a Wisconsin inmate, sued two prison nurse...

The Upchurch Clarification: Proper State-Agency Identification under Title VII and the Evidentiary Floor for Pretext & Retaliation Claims

Date: Jul 30, 2025

The Upchurch Clarification: Proper State-Agency Identification under Title VII and the Evidentiary Floor for Pretext & Retaliation Claims 1. Introduction In Timothy Upchurch v. State of Indiana, the...

Decoupling Possessory Delay from Subsequent Searches: The Fourth Circuit’s “Wrong-Sovereign” Principle in United States v. Krueger

Date: Jul 30, 2025

Decoupling Possessory Delay from Subsequent Searches: The Fourth Circuit’s “Wrong-Sovereign” Principle in United States v. Krueger Introduction United States v. Andrew David Krueger, No. 24-4328 (4th...

“No Court Before Completion” – The Fourth Circuit’s Robust Re-statement of the Complete Arbitration Rule in Wheeling Power Co.-Mitchell Plant v. Local 492, UWUA (AFL-CIO)

Date: Jul 30, 2025

“No Court Before Completion”: The Fourth Circuit’s Robust Re-statement of the Complete Arbitration Rule Introduction In Wheeling Power Company – Mitchell Plant v. Local 492, Utility Workers Union of...

Fourth Circuit Limits the “Intervening-Event” Defense in FSMA Whistle-blower Litigation

Date: Jul 30, 2025

Fourth Circuit Limits the “Intervening-Event” Defense in FSMA Whistle-blower Litigation Introduction In Wilbert Finley v. Kraft Heinz Inc., the United States Court of Appeals for the Fourth Circuit...

The Turner Rule: Tenth Circuit Bars Post-Discovery Pivot—Plaintiffs Must Amend Pleadings to Rely on New Factual Theories

Date: Jul 30, 2025

The Turner Rule: Tenth Circuit Bars Post-Discovery Pivot—Plaintiffs Must Amend Pleadings to Rely on New Factual Theories 1. Introduction Shyers v. Metropolitan Property & Casualty Insurance Co.,...

Rooker-Feldman Reaffirmed: Federal Courts Have No Jurisdiction to Undo Colorado Rule 120 Foreclosure Orders

Date: Jul 30, 2025

Rooker-Feldman Reaffirmed: Federal Courts Have No Jurisdiction to Undo Colorado Rule 120 Foreclosure Orders 1. Introduction Case: Viegas v. Kane, United States Court of Appeals for the Tenth Circuit,...

Reaffirming Rooker-Feldman Boundaries: Viegas v. Owens and the Non-Reviewability of Colorado Rule 120 Foreclosure Orders in Federal Court

Date: Jul 30, 2025

Reaffirming Rooker-Feldman Boundaries: Viegas v. Owens and the Non-Reviewability of Colorado Rule 120 Foreclosure Orders in Federal Court 1. Introduction In Viegas v. Owens, the United States Court...

“From Silence to Liability” – The First Circuit’s Expansion of Affirmative-Act Liability under the State-Created Danger Doctrine in Doe v. City of Boston

Date: Jul 30, 2025

“From Silence to Liability” – The First Circuit’s Expansion of Affirmative-Act Liability under the State-Created Danger Doctrine in Doe v. City of Boston 1. Introduction In Doe v. City of Boston, the...

“More Than Awkward”: The First Circuit Elevates the Threshold for University Disciplinary Action Under Tinker

Date: Jul 30, 2025

“More Than Awkward”: The First Circuit Elevates the Threshold for University Disciplinary Action Under Tinker Introduction Doe v. University of Massachusetts, No. 24-1458 (1st Cir. July 25, 2025) is...

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