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

Contract, Not Takings: Fifth Circuit Holds Municipal Refusal to Extend a Development Agreement Is Commercial (Non‑Sovereign) Conduct

Date: Sep 25, 2025

Contract, Not Takings: Fifth Circuit Holds Municipal Refusal to Extend a Development Agreement Is Commercial (Non‑Sovereign) Conduct Introduction In Mesquite Asset Recovery Group, L.L.C. v. City of...

Law-of-the-Case Bars Codefendants’ Relitigation in Successive Appeals; Managerial Control and Proceeds Suffice to Uphold § 846 Marijuana Conspiracy Conviction

Date: Sep 25, 2025

Law-of-the-Case Bars Codefendants’ Relitigation in Successive Appeals; Managerial Control and Proceeds Suffice to Uphold § 846 Marijuana Conspiracy Conviction Introduction In United States v. Weng,...

Noncompliance with R.C. 2969.25(C) Is Not an Affirmative Defense; Institutional‑Cashier Certification of Inmate Account Statements Is Mandatory for Fee-Waiver Requests

Date: Sep 25, 2025

Noncompliance with R.C. 2969.25(C) Is Not an Affirmative Defense; Institutional‑Cashier Certification of Inmate Account Statements Is Mandatory for Fee-Waiver Requests Introduction This commentary...

No Safe Harbor in Post-Default Litigation: First Department Holds General Litigation Activity Does Not Satisfy CPLR 3215(c) Absent an Explicit “Sufficient Cause” Showing

Date: Sep 25, 2025

No Safe Harbor in Post-Default Litigation: First Department Holds General Litigation Activity Does Not Satisfy CPLR 3215(c) Absent an Explicit “Sufficient Cause” Showing Introduction In 938 St....

Wyoming Supreme Court Bars Double Counting of Pass‑Through Business Income in Child Support Calculations: Stenson v. Stenson (2025 WY 102)

Date: Sep 25, 2025

Wyoming Supreme Court Bars Double Counting of Pass‑Through Business Income in Child Support Calculations Case: Matthew R. Stenson v. Nikole M. Stenson, 2025 WY 102 (Wyo. Sept. 23, 2025) Court:...

Clarifying Brady’s “Reasonable Probability” Standard and the Use of Supervisory Control to Prevent a Second Trial Under a Mistake of Law

Date: Sep 25, 2025

Clarifying Brady’s “Reasonable Probability” Standard and the Use of Supervisory Control to Prevent a Second Trial Under a Mistake of Law Introduction This supervisory-control proceeding arises from a...

Supervised Visitation Conditioned on Rehabilitation Programs Upheld Under Best-Interest Review in Nonprecedential Memorandum Decision

Date: Sep 25, 2025

Supervised Visitation Conditioned on Rehabilitation Programs Upheld Under Best-Interest Review in Nonprecedential Memorandum Decision Case: In re the Parenting of J.E.B. & B.L.B., 2025 MT 216N (Mont....

State v. Post: Montana Supreme Court Requires On-the-Record Ability-to-Pay Findings for Criminal Fines and Surcharges; Oral Pronouncement Controls Over Written Judgment

Date: Sep 25, 2025

State v. Post: Mandatory Ability-to-Pay Findings for Fines, Fees, and Surcharges; Oral Sentence Controls Introduction In State v. Post, 2025 MT 215 (Mont. Sept. 23, 2025), the Montana Supreme Court...

Credibility of Oral Modified‑Duty Offers Controls TTD Termination: West Virginia’s High Court Reaffirms Deference to the Board of Review Under § 23‑4‑7a(e)

Date: Sep 25, 2025

Credibility of Oral Modified‑Duty Offers Controls TTD Termination: West Virginia’s High Court Reaffirms Deference to the Board of Review Under § 23‑4‑7a(e) Introduction In Dainel Nicole Smith v. West...

Accident Location Is Not Dispositive: Evidence, Not Assertions, Controls Transfers Under Alabama’s Forum Non Conveniens Statute (§ 6-3-21.1)

Date: Sep 25, 2025

Accident Location Is Not Dispositive: Evidence, Not Assertions, Controls Transfers Under Alabama’s Forum Non Conveniens Statute (§ 6-3-21.1) Introduction This commentary analyzes the Supreme Court of...

Substantive Immunity Shields Municipalities from Negligence Claims Over Inoperable Interstate Streetlights

Date: Sep 25, 2025

Substantive Immunity Shields Municipalities from Negligence Claims Over Inoperable Interstate Streetlights Introduction In Ex parte City of Birmingham (In re: Smith v. City of Birmingham), decided on...

Amendments that Materially Change Interest Terms Are New, Time‑Barred Claims Under Mississippi Probate Law (§ 91-7-151)

Date: Sep 25, 2025

Amendments that Materially Change Interest Terms Are New, Time‑Barred Claims Under Mississippi Probate Law (§ 91-7-151) Case: In Re The Estate of Herbert Bernard Ivison, Jr.: Malouf & Malouf, PLLC v....

Repeated Unwanted Touching Can Be “Severe or Pervasive” Under § 1983 and NYSHRL; Stray Sexist Remarks Do Not Establish Intent; Remedial Response Defeats Monell Deliberate-Indifference Theory

Date: Sep 25, 2025

Repeated Unwanted Touching Can Be “Severe or Pervasive” Under § 1983 and NYSHRL; Stray Sexist Remarks Do Not Establish Intent; Remedial Response Defeats Monell Deliberate-Indifference Theory Case:...

Reaffirming the “At-Risk” Trigger for Asylum Timeliness and the Evidentiary Demands for Diaspora Activism: The Second Circuit’s Summary Order in Huang v. Bondi

Date: Sep 25, 2025

Reaffirming the “At-Risk” Trigger for Asylum Timeliness and the Evidentiary Demands for Diaspora Activism: The Second Circuit’s Summary Order in Huang v. Bondi Introduction In Huang v. Bondi (No....

Eleventh Circuit: No Clearly Established Ban on Using Commissary Records to Gauge Religious Sincerity; Appellants Who Do Not Brief Qualified Immunity Abandon Their Appeal

Date: Sep 25, 2025

Eleventh Circuit: No Clearly Established Ban on Using Commissary Records to Gauge Religious Sincerity; Appellants Who Do Not Brief Qualified Immunity Abandon Their Appeal Introduction In Cantrell...

Eleventh Circuit Applies Substantial-Evidence Review to § 1229b(b)(1)(D) and Reaffirms the Two‑Part Health‑Hardship Test (Matter of J‑J‑G‑) in Cancellation Cases

Date: Sep 25, 2025

Eleventh Circuit Applies Substantial-Evidence Review to § 1229b(b)(1)(D) and Reaffirms the Two‑Part Health‑Hardship Test (Matter of J‑J‑G‑) in Cancellation Cases Case: Maria Virginia Rodriguez Robles...

Eleventh Circuit solidifies substantial-evidence review of §1229b(b)(1)(D) hardship and endorses J-J-G-’s two-part health-care test

Date: Sep 25, 2025

Eleventh Circuit solidifies substantial-evidence review of §1229b(b)(1)(D) hardship and endorses J-J-G-’s two-part health-care test Introduction In this consolidated, unpublished decision, the U.S....

Forgoing a Suppression Motion Is Not Ineffective Assistance When Reasonable Suspicion to Prolong a Traffic Stop Is At Least Debatable

Date: Sep 25, 2025

Forgoing a Suppression Motion Is Not Ineffective Assistance When Reasonable Suspicion to Prolong a Traffic Stop Is At Least Debatable Introduction In Richard Norris v. United States, No. 24-13306...

Objective Harmless-Error Review of ACCA “Different Occasions” Post‑Erlinger: Unrebutted PSRs and Months‑Long Gaps Sustain Enhancements — United States v. Ballinger (6th Cir. 2025)

Date: Sep 25, 2025

Objective Harmless-Error Review of ACCA “Different Occasions” Post‑Erlinger: Unrebutted PSRs and Months‑Long Gaps Sustain Enhancements — United States v. Ballinger (6th Cir. 2025) Introduction United...

Unrelated Questioning After Mission Tasks Are Complete Unlawfully Prolongs Traffic Stop and Taints Consent: Sixth Circuit in United States v. Moffitt

Date: Sep 25, 2025

Unrelated Questioning After Mission Tasks Are Complete Unlawfully Prolongs Traffic Stop and Taints Consent: Sixth Circuit in United States v. Moffitt Introduction In United States v. Frankie L....