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

United States v. Wright: Limiting Constitutional Review on Motions to Withdraw Guilty Pleas to the Statute of Conviction

United States v. Wright: Limiting Constitutional Review on Motions to Withdraw Guilty Pleas to the Statute of Conviction

Date: Jul 23, 2025
United States v. Wright: Limiting Constitutional Review on Motions to Withdraw Guilty Pleas to the Statute of Conviction 1. Introduction United States v. Billy Allen Wright, decided by the United...
United States v. Viramontes-Hernandez: Clarifying “Relevant Conduct” for the §2G2.2(b)(5) Pattern-of-Activity Enhancement

United States v. Viramontes-Hernandez: Clarifying “Relevant Conduct” for the §2G2.2(b)(5) Pattern-of-Activity Enhancement

Date: Jul 23, 2025
United States v. Viramontes-Hernandez: Clarifying “Relevant Conduct” for the §2G2.2(b)(5) Pattern-of-Activity Enhancement Introduction United States v. Emanuel Jose Viramontes-Hernandez, No. 24-1773...
Sixth Circuit Affirms District Courts’ Discretion to Treat Unscored Misdemeanor Conduct and Related Firearms as Aggravating Factors Under § 3553(a) – A Commentary on United States v. Bunn

Sixth Circuit Affirms District Courts’ Discretion to Treat Unscored Misdemeanor Conduct and Related Firearms as Aggravating Factors Under § 3553(a) – A Commentary on United States v. Bunn

Date: Jul 23, 2025
Sixth Circuit Affirms District Courts’ Discretion to Treat Unscored Misdemeanor Conduct and Related Firearms as Aggravating Factors Under § 3553(a) Comprehensive Commentary on United States v....
Bellinsky v. Galan: The Tenth Circuit Re-Sets the Boundaries of Younger Abstention in Domestic-Relations-Related §1983 Actions

Bellinsky v. Galan: The Tenth Circuit Re-Sets the Boundaries of Younger Abstention in Domestic-Relations-Related §1983 Actions

Date: Jul 23, 2025
Bellinsky v. Galan: The Tenth Circuit Re-Sets the Boundaries of Younger Abstention in Domestic-Relations-Related §1983 Actions Introduction Bellinsky v. Galan concerns two federal civil-rights suits...
Nonsignatory Agents Barred from Enforcing “Parties-Only” Arbitration Clauses – A Commentary on Fucci v. First American Title Insurance Co.

Nonsignatory Agents Barred from Enforcing “Parties-Only” Arbitration Clauses – A Commentary on Fucci v. First American Title Insurance Co.

Date: Jul 23, 2025
Nonsignatory Agents Barred from Enforcing “Parties-Only” Arbitration Clauses Commentary on Fucci v. First American Title Insurance Company (10th Cir. 2025) 1. Introduction Fucci v. First American...
The “Semper Exhaustion Rule” – A Tenth-Circuit Clarification on Enforcing Favorable Agency Decisions and the Non-delegability of Criminal Prosecution

The “Semper Exhaustion Rule” – A Tenth-Circuit Clarification on Enforcing Favorable Agency Decisions and the Non-delegability of Criminal Prosecution

Date: Jul 23, 2025
The “Semper Exhaustion Rule” – A Tenth-Circuit Clarification on Enforcing Favorable Agency Decisions and the Non-delegability of Criminal Prosecution Introduction Case: Semper v. Bessent, No. 25-4022...
Singh v. Bondi:  Self-Inflicted Incapacity, Presumption of Competence, and “Good-Cause” Continuances in Immigration Court

Singh v. Bondi: Self-Inflicted Incapacity, Presumption of Competence, and “Good-Cause” Continuances in Immigration Court

Date: Jul 23, 2025
Singh v. Bondi: Self-Inflicted Incapacity, Presumption of Competence, and “Good-Cause” Continuances in Immigration Court Introduction In Singh v. Bondi, the United States Court of Appeals for the...
United States v. Garcia-Limon: Tenth Circuit Validates “Scheme” Indictments for Repetitive Child-Sex-Abuse Under §§ 2241(c) & 2244(a)(5)

United States v. Garcia-Limon: Tenth Circuit Validates “Scheme” Indictments for Repetitive Child-Sex-Abuse Under §§ 2241(c) & 2244(a)(5)

Date: Jul 23, 2025
United States v. Garcia-Limon: Tenth Circuit Validates “Scheme” Indictments for Repetitive Child-Sex-Abuse Under §§ 2241(c) & 2244(a)(5) Introduction In United States v. Garcia-Limon, the U.S. Court...
“Reasonably-Equivalent Value” Re-Defined:  White v. Wardley and the Tenth Circuit’s Blueprint for Evaluating Guaranties and Debt Satisfaction under the Utah UFTA

“Reasonably-Equivalent Value” Re-Defined: White v. Wardley and the Tenth Circuit’s Blueprint for Evaluating Guaranties and Debt Satisfaction under the Utah UFTA

Date: Jul 23, 2025
“Reasonably-Equivalent Value” Re-Defined: White v. Wardley and the Tenth Circuit’s Blueprint for Evaluating Guaranties and Debt Satisfaction under the Utah UFTA Introduction White v. Wardley (In re...
“Non-Renewal Is Not Impairment” – Seventh Circuit Clarifies Evidence Threshold for Contracts Clause and Tort-Interference Claims

“Non-Renewal Is Not Impairment” – Seventh Circuit Clarifies Evidence Threshold for Contracts Clause and Tort-Interference Claims

Date: Jul 23, 2025
“Non-Renewal Is Not Impairment” – Seventh Circuit Clarifies Evidence Threshold for Contracts Clause and Tort-Interference Claims 1. Introduction Alarm Detection Systems, Inc., Illinois Alarm Service,...
Impossibility Counts: Seventh Circuit Mandates Consideration of Restatement § 766A Tortious-Interference Theory and Affirms Comity to Foreign Administrative Decisions

Impossibility Counts: Seventh Circuit Mandates Consideration of Restatement § 766A Tortious-Interference Theory and Affirms Comity to Foreign Administrative Decisions

Date: Jul 23, 2025
Impossibility Counts: Seventh Circuit Mandates Consideration of Restatement § 766A Tortious-Interference Theory and Affirms Comity to Foreign Administrative Decisions Introduction Avanzalia Solar,...
“Solely-By-Reason” and “Otherwise-Qualified” in Academic Programs – The Legacy of Royan v. Chicago State University

“Solely-By-Reason” and “Otherwise-Qualified” in Academic Programs – The Legacy of Royan v. Chicago State University

Date: Jul 23, 2025
“Solely-By-Reason” and “Otherwise-Qualified” in Academic Programs – The Legacy of Royan v. Chicago State University 1. Introduction On 22 July 2025 the United States Court of Appeals for the Seventh...
Bridging the Prevailing-Wage Gap: First Circuit Mandates State-Court Clarification of “Construction and Design of Improvements” in Special-Act Contracts

Bridging the Prevailing-Wage Gap: First Circuit Mandates State-Court Clarification of “Construction and Design of Improvements” in Special-Act Contracts

Date: Jul 23, 2025
Bridging the Prevailing-Wage Gap: First Circuit Mandates State-Court Clarification of “Construction and Design of Improvements” in Special-Act Contracts Introduction In Nicholls v. Veolia Water...
Survival of Attorney-Fee Clauses Beyond Deed Merger & Limits on Fee Recovery: A Commentary on McOmber v. Thompson (Idaho 2025)

Survival of Attorney-Fee Clauses Beyond Deed Merger & Limits on Fee Recovery: A Commentary on McOmber v. Thompson (Idaho 2025)

Date: Jul 23, 2025
Survival of Attorney-Fee Clauses Beyond Deed Merger & Limits on Fee Recovery: A Comprehensive Commentary on McOmber v. Thompson (Idaho 2025) 1. Introduction In McOmber v. Thompson, the Idaho Supreme...
Brandt v. R&R Mountain Escapes, LLC (2025): Broad Commercial-Use Bans in Restrictive Covenants Unambiguously Prohibit Short-Term Rentals

Brandt v. R&R Mountain Escapes, LLC (2025): Broad Commercial-Use Bans in Restrictive Covenants Unambiguously Prohibit Short-Term Rentals

Date: Jul 23, 2025
Brandt v. R&R Mountain Escapes, LLC (2025): Broad Commercial-Use Bans in Restrictive Covenants Unambiguously Prohibit Short-Term Rentals Introduction Brandt v. R&R Mountain Escapes, LLC, 2025 MT 155,...
Mandating Particularized Explanations: Del Duca v. Skydancer Reinforces Montana Rule 52(a)(3) Duties in Rule 12(b)(6) Dismissals

Mandating Particularized Explanations: Del Duca v. Skydancer Reinforces Montana Rule 52(a)(3) Duties in Rule 12(b)(6) Dismissals

Date: Jul 23, 2025
Mandating Particularized Explanations: Del Duca v. Skydancer Reinforces Montana Rule 52(a)(3) Duties in Rule 12(b)(6) Dismissals 1. Introduction The Supreme Court of Montana’s 2025 opinion in Del...

    “Silence Is Not Consent” & the Objective Test for Attorney Conduct:  A Commentary on Marriage of Roadarmel (2025 MT 157N)

“Silence Is Not Consent” & the Objective Test for Attorney Conduct: A Commentary on Marriage of Roadarmel (2025 MT 157N)

Date: Jul 23, 2025
“Silence Is Not Consent” & the Objective Test for Attorney Conduct: A Comprehensive Commentary on Marriage of Roadarmel (Sup. Ct. Mont. 2025) I. Introduction In Marriage of Roadarmel, the Montana...
“ARD Counts, Conviction Doesn’t”: Supreme Court of Pennsylvania Upholds Use of ARD as a “Prior Offense” for Civil License Suspensions

“ARD Counts, Conviction Doesn’t”: Supreme Court of Pennsylvania Upholds Use of ARD as a “Prior Offense” for Civil License Suspensions

Date: Jul 23, 2025
“ARD Counts, Conviction Doesn’t” – Commentary on Ferguson v. PennDOT, Bureau of Driver Licensing (Pa. 2025) 1. Introduction This commentary examines the Supreme Court of Pennsylvania’s decision in...
Strict Enforcement of Rule-16(b) Deadlines and Redressability of Declaratory Relief after Settlement: A Commentary on CBV Inc. v. ChanBond LLC

Strict Enforcement of Rule-16(b) Deadlines and Redressability of Declaratory Relief after Settlement: A Commentary on CBV Inc. v. ChanBond LLC

Date: Jul 23, 2025
Strict Enforcement of Rule-16(b) Deadlines and Redressability of Declaratory Relief after Settlement: A Commentary on CBV Inc. v. ChanBond LLC (3d Cir. 2025) Introduction The Third Circuit’s...
Specificity in BIA Notices of Appeal: The Third Circuit’s Clarification in Xitamul-Aguin

Specificity in BIA Notices of Appeal: The Third Circuit’s Clarification in Xitamul-Aguin

Date: Jul 23, 2025
Specificity in BIA Notices of Appeal: The Third Circuit’s Clarification in Maynor Xitamul-Aguin v. Attorney General 1. Introduction In Maynor Estuardo Xitamul-Aguin v. Attorney General of the United...
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