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

United States v. Sanders: Fourth Circuit Re-Affirms Deference to § 2B1.1 “Sophisticated Means” Commentary and Validates the “Secretive or Irregular Transaction” Intent Instruction

United States v. Sanders: Fourth Circuit Re-Affirms Deference to § 2B1.1 “Sophisticated Means” Commentary and Validates the “Secretive or Irregular Transaction” Intent Instruction

Date: Jul 30, 2025
United States v. Sanders: Fourth Circuit Re-Affirms Deference to § 2B1.1 “Sophisticated Means” Commentary and Validates the “Secretive or Irregular Transaction” Intent Instruction Introduction In...
Gustave v. State — Clarifying Jury Access to a Defendant’s Recorded Admissions and the Threshold for Mistrial/New-Trial Relief after Exhibit Errors

Gustave v. State — Clarifying Jury Access to a Defendant’s Recorded Admissions and the Threshold for Mistrial/New-Trial Relief after Exhibit Errors

Date: Jul 30, 2025
Gustave v. State — Clarifying Jury Access to a Defendant’s Recorded Admissions and the Threshold for Mistrial/New-Trial Relief after Exhibit Errors Introduction Gustave v. State, No. 382, 2024 (Del....
Clarifying Rational-Basis Review in Oregon Tax Classifications:  Delta Air Lines, Inc. v. Department of Revenue (374 Or 58)

Clarifying Rational-Basis Review in Oregon Tax Classifications: Delta Air Lines, Inc. v. Department of Revenue (374 Or 58)

Date: Jul 29, 2025
Clarifying Rational-Basis Review in Oregon Tax Classifications: Delta Air Lines, Inc. v. Department of Revenue (374 Or 58 - 2025) 1. Introduction Case Background. For decades, Oregon has taxed the...
Ryan v. Sea Colony: Pleading-Stage Burden to Prove Agency When Enforcing Liability Waivers

Ryan v. Sea Colony: Pleading-Stage Burden to Prove Agency When Enforcing Liability Waivers

Date: Jul 29, 2025
Ryan v. Sea Colony (Del. 2025): Delaware Supreme Court Clarifies that Defendants Must Plead—and Ultimately Prove—Agency Before Invoking Third-Party Liability Waivers Introduction Colleen Ryan, a...
No “Lucid Purpose” Filter: Delaware Supreme Court Re-Affirms the Low “Credible-Basis” Threshold Under 8 Del. C. § 220

No “Lucid Purpose” Filter: Delaware Supreme Court Re-Affirms the Low “Credible-Basis” Threshold Under 8 Del. C. § 220

Date: Jul 29, 2025
No “Lucid Purpose” Filter: Delaware Supreme Court Re-Affirms the Low “Credible-Basis” Threshold Under 8 Del. C. § 220 Introduction In Roberta Ann K.W. Wong Leung Revocable Trust U/A Dated 03/09/2018...
“Probing, Public & Particular” – The New Jersey Supreme Court’s Mandatory Protocol for Mid-Trial Juror-Misconduct Inquiries

“Probing, Public & Particular” – The New Jersey Supreme Court’s Mandatory Protocol for Mid-Trial Juror-Misconduct Inquiries

Date: Jul 27, 2025
“Probing, Public & Particular” – The New Jersey Supreme Court’s Mandatory Protocol for Mid-Trial Juror-Misconduct Inquiries 1. Introduction State v. Ebenezer Byrd; Jerry J. Spraulding; Gregory A....
“No Finality, No Appeal” – The Guam Supreme Court Confirms that a Dismissal Without Prejudice is Not Immediately Appealable by a Criminal Defendant

“No Finality, No Appeal” – The Guam Supreme Court Confirms that a Dismissal Without Prejudice is Not Immediately Appealable by a Criminal Defendant

Date: Jul 26, 2025
“No Finality, No Appeal” – The Guam Supreme Court Confirms that a Dismissal Without Prejudice is Not Immediately Appealable by a Criminal Defendant 1. Introduction The People of Guam v. Bruno Frankie...
“From Fixed-Term to At-Will”: Wyoming Supreme Court Declares Post-Term Family Partnerships At-Will and Subject to Automatic Dissolution on Partner Withdrawal

“From Fixed-Term to At-Will”: Wyoming Supreme Court Declares Post-Term Family Partnerships At-Will and Subject to Automatic Dissolution on Partner Withdrawal

Date: Jul 26, 2025
“From Fixed-Term to At-Will”: Wyoming Supreme Court Declares Post-Term Family Partnerships At-Will and Subject to Automatic Dissolution on Partner Withdrawal Introduction The Wyoming Supreme Court’s...
Mandatory Issue Exhaustion and the Serious-Nonpolitical-Crime Bar Extending to CAT Relief – Commentary on Anaya v. Bondi (2d Cir. 2025)

Mandatory Issue Exhaustion and the Serious-Nonpolitical-Crime Bar Extending to CAT Relief – Commentary on Anaya v. Bondi (2d Cir. 2025)

Date: Jul 26, 2025
Mandatory Issue Exhaustion and the Serious-Nonpolitical-Crime Bar Extending to CAT Relief – Commentary on Anaya v. Bondi (2d Cir. 2025) Introduction Anaya v. Bondi is a July 24, 2025 summary order of...
Aucacama-Azogue v. Bondi: Reaffirming the Nexus Parity and Government-Protection Thresholds in Asylum, Withholding, and CAT Claims

Aucacama-Azogue v. Bondi: Reaffirming the Nexus Parity and Government-Protection Thresholds in Asylum, Withholding, and CAT Claims

Date: Jul 26, 2025
Aucacama-Azogue v. Bondi: Reaffirming the Nexus Parity and Government-Protection Thresholds in Asylum, Withholding, and CAT Claims 1. Introduction Aucacama-Azogue v. Bondi is a 2025 summary order of...
“Rough Justice, Not Auditing Perfection” – The Second Circuit’s Robust Deference to District-Court Fee Awards under the IDEA

“Rough Justice, Not Auditing Perfection” – The Second Circuit’s Robust Deference to District-Court Fee Awards under the IDEA

Date: Jul 26, 2025
“Rough Justice, Not Auditing Perfection” – The Second Circuit’s Robust Deference to District-Court Fee Awards under the IDEA Introduction In Y.G. v. New York City Department of Education and eighteen...
Blecher v. Holy See — The “Mandatory-Compliance Shield”: When Following a Foreign Sovereign’s Policy Restores Immunity under the FSIA

Blecher v. Holy See — The “Mandatory-Compliance Shield”: When Following a Foreign Sovereign’s Policy Restores Immunity under the FSIA

Date: Jul 26, 2025
The “Mandatory-Compliance Shield”: Second Circuit Holds that Obedience to a Foreign Sovereign’s Policy Triggers the FSIA Discretionary Function Exclusion Introduction In Blecher v. Holy See, the...
“Good-Faith Reasonableness” Becomes the Test for Substantial-Justification under the IDEA Fee-Cap: A Commentary on N.G.B. v. New York City Department of Education (2d Cir. 2025)

“Good-Faith Reasonableness” Becomes the Test for Substantial-Justification under the IDEA Fee-Cap: A Commentary on N.G.B. v. New York City Department of Education (2d Cir. 2025)

Date: Jul 26, 2025
“Good-Faith Reasonableness” Becomes the Test for Substantial-Justification Under the IDEA’s Attorneys’-Fees Cap A Detailed Commentary on N.G.B. v. New York City Department of Education, 2d Cir., 2025...
“From Use-Based to Evidence-Based Nexus”: Second Circuit Re-calibrates Probable-Cause Requirements for Digital-Device Warrants

“From Use-Based to Evidence-Based Nexus”: Second Circuit Re-calibrates Probable-Cause Requirements for Digital-Device Warrants

Date: Jul 26, 2025
“From Use-Based to Evidence-Based Nexus”: United States v. Silva (2d Cir. 2025) and the New Standard for Cell-Phone Search Warrants 1. Introduction United States v. Silva marks the Second Circuit’s...
“Written-Terms Trump Hand-to-Hand Cash” – The Second Circuit’s Clarification of
U.C.C. §2-201/2-209, Apparent Authority and Foreseeability in Vista Food Exchange, Inc. v. Comercial De Alimentos Sanchez (2025)

“Written-Terms Trump Hand-to-Hand Cash” – The Second Circuit’s Clarification of U.C.C. §2-201/2-209, Apparent Authority and Foreseeability in Vista Food Exchange, Inc. v. Comercial De Alimentos Sanchez (2025)

Date: Jul 26, 2025
“Written-Terms Trump Hand-to-Hand Cash” – The Second Circuit’s Clarification of U.C.C. §§ 2-201 & 2-209, Apparent Authority and Foreseeability in Vista Food Exchange, Inc. v. Comercial De Alimentos...
No Shortcuts Around Medicare’s Administrative Review Scheme: The Eleventh Circuit Fortifies § 405(g) Exclusivity in Bishins v. HHS

No Shortcuts Around Medicare’s Administrative Review Scheme: The Eleventh Circuit Fortifies § 405(g) Exclusivity in Bishins v. HHS

Date: Jul 26, 2025
No Shortcuts Around Medicare’s Administrative Review Scheme: The Eleventh Circuit Fortifies § 405(g) Exclusivity in Bishins v. HHS 1. Introduction Larry V. Bishins, a Medicare beneficiary and...
Exclusive Economic Zones Are “High Seas” for MDLEA Purposes: United States v. Quijije Mero, 22-11929 (11th Cir. 2025)

Exclusive Economic Zones Are “High Seas” for MDLEA Purposes: United States v. Quijije Mero, 22-11929 (11th Cir. 2025)

Date: Jul 26, 2025
Exclusive Economic Zones Are “High Seas” for MDLEA Purposes: United States v. Quijije Mero, 22-11929 (11th Cir. 2025) Introduction In United States v. Nilson Olaya Grueso, José Junior Bailon Franco,...
Inferring Shared Intent in Unidentified‑Shooter Cases: People v. Brown (2025) Clarifies Accomplice Liability and Coconspirator Text Admissibility in New York

Inferring Shared Intent in Unidentified‑Shooter Cases: People v. Brown (2025) Clarifies Accomplice Liability and Coconspirator Text Admissibility in New York

Date: Jul 26, 2025
Inferring Shared Intent in Unidentified‑Shooter Cases: People v. Brown (2025) Clarifies Accomplice Liability and Coconspirator Text Admissibility in New York Introduction In People v. Brown (2025 NY...
Parsons v. County of Steuben: Ladder Removal Held Outside Labor Law § 240(1) Where Securing Would Contradict the Work Plan; Slippery Crushed‑Gravel Pad Recognized as an Enumerated Work Surface Under § 241(6)

Parsons v. County of Steuben: Ladder Removal Held Outside Labor Law § 240(1) Where Securing Would Contradict the Work Plan; Slippery Crushed‑Gravel Pad Recognized as an Enumerated Work Surface Under § 241(6)

Date: Jul 26, 2025
Parsons v. County of Steuben: Ladder Removal Held Outside Labor Law § 240(1) Where Securing Would Contradict the Work Plan; Slippery Crushed‑Gravel Pad Recognized as an Enumerated Work Surface Under...
Apparent Authority as a Dual Gateway: Fraud Pleading and CPLR 302 Jurisdiction; Six‑Year Cutoff for Serial Misrepresentations; Strict Propensity Notice for Negligent Supervision

Apparent Authority as a Dual Gateway: Fraud Pleading and CPLR 302 Jurisdiction; Six‑Year Cutoff for Serial Misrepresentations; Strict Propensity Notice for Negligent Supervision

Date: Jul 26, 2025
Apparent Authority as a Dual Gateway: Fraud Pleading and CPLR 302 Jurisdiction; Six‑Year Cutoff for Serial Misrepresentations; Strict Propensity Notice for Negligent Supervision Introduction In...
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