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retrospective-application-of-prehire-labor-agreements:-laborers& Case Commentaries

“The Jinks Ratification Rule” – When a Super-Majority Vote Cures Procedural Defects in Community Covenant Amendments

“The Jinks Ratification Rule” – When a Super-Majority Vote Cures Procedural Defects in Community Covenant Amendments

Date: Aug 14, 2025
“The Jinks Ratification Rule” – When a Super-Majority Vote Cures Procedural Defects in Community Covenant Amendments Introduction In Jill K. Jinks v. Sea Pines Resort LLC, Nos. 22-2013 & 22-2056 (4th...
No Duty Without the Dike: Fourth Circuit Re-Affirms Plain-Language Contract Enforcement in Infrastructure-License Agreements

No Duty Without the Dike: Fourth Circuit Re-Affirms Plain-Language Contract Enforcement in Infrastructure-License Agreements

Date: Aug 14, 2025
No Duty Without the Dike: Fourth Circuit Re-Affirms Plain-Language Contract Enforcement in Infrastructure-License Agreements 1. Introduction Jimmy Edwards v. CSX Transportation, Inc., No. 23-1909...
No Preclusion, No Standing: The Fourth Circuit’s Redressability Rule for Declaratory Relief in Wells v. Johnson

No Preclusion, No Standing: The Fourth Circuit’s Redressability Rule for Declaratory Relief in Wells v. Johnson

Date: Aug 14, 2025
No Preclusion, No Standing: The Fourth Circuit’s Redressability Rule for Declaratory Relief in Wells v. Johnson Introduction In August 2025 the United States Court of Appeals for the Fourth Circuit...
“Raiding” Redefined: Fourth Circuit Narrows the Broker Protocol Exception and Affirms Contractual Supremacy in Salomon & Ludwin, LLC v. Winters

“Raiding” Redefined: Fourth Circuit Narrows the Broker Protocol Exception and Affirms Contractual Supremacy in Salomon & Ludwin, LLC v. Winters

Date: Aug 14, 2025
“Raiding” Redefined: Fourth Circuit Narrows the Broker Protocol Exception and Affirms Contractual Supremacy in Salomon & Ludwin, LLC v. Jeremiah Winters 1. Introduction The United States Court of...
United States v. Perez: The Fourth Circuit Re-draws the Fact–Law Line for “Special Territorial Jurisdiction”

United States v. Perez: The Fourth Circuit Re-draws the Fact–Law Line for “Special Territorial Jurisdiction”

Date: Aug 14, 2025
United States v. Perez: The Fourth Circuit Re-draws the Fact–Law Line for “Special Territorial Jurisdiction” 1. Introduction United States v. Jesse Fernando Perez, No. 24-4039 (4th Cir. Aug. 12...
Discretion, Not Obligation: The Fourth Circuit Clarifies the Scope of De Novo Resentencing Under the Mandate Rule — Commentary on United States v. Robert Benton, Jr. (4th Cir. 2025)

Discretion, Not Obligation: The Fourth Circuit Clarifies the Scope of De Novo Resentencing Under the Mandate Rule — Commentary on United States v. Robert Benton, Jr. (4th Cir. 2025)

Date: Aug 14, 2025
Discretion, Not Obligation: The Fourth Circuit Clarifies the Scope of De Novo Resentencing Under the Mandate Rule — Commentary on United States v. Robert Benton, Jr. (4th Cir. 2025) 1. Introduction...
United States v. Benton, Jr.: Fourth Circuit Clarifies Sentencing-Remand Discretion Under the Mandate Rule

United States v. Benton, Jr.: Fourth Circuit Clarifies Sentencing-Remand Discretion Under the Mandate Rule

Date: Aug 14, 2025
United States v. Benton, Jr.: Fourth Circuit Clarifies Sentencing-Remand Discretion Under the Mandate Rule Introduction In United States v. Robert Benton, Jr., Nos. 23-4009 & 23-6019 (4th Cir. Aug....
“Per-Defendant” Fee-Shifting and Revived Rule 12(b) Defences after Amendment: 
          A Commentary on West-Helmle v. Denver District Attorney’s Office (10th Cir. 2025)

“Per-Defendant” Fee-Shifting and Revived Rule 12(b) Defences after Amendment: A Commentary on West-Helmle v. Denver District Attorney’s Office (10th Cir. 2025)

Date: Aug 14, 2025
“Per-Defendant” Fee-Shifting and Revived Rule 12(b) Defences after Amendment: A Commentary on West-Helmle v. Denver District Attorney’s Office (10th Cir. 2025) 1. Introduction In West-Helmle v....
Per-Defendant Fee-Shifting After Rule 12(b) Dismissals: Implications of West-Helmle v. Denver District Attorney’s Office

Per-Defendant Fee-Shifting After Rule 12(b) Dismissals: Implications of West-Helmle v. Denver District Attorney’s Office

Date: Aug 14, 2025
Per-Defendant Fee-Shifting After Rule 12(b) Dismissals: Implications of West-Helmle v. Denver District Attorney’s Office Introduction In West-Helmle v. Denver District Attorney’s Office, Nos. 24-1340...
Bates v. State of Florida (2025): Florida Supreme Court Re-affirms the Strict Procedural & Temporal Limits on Successive Post-Conviction Relief

Bates v. State of Florida (2025): Florida Supreme Court Re-affirms the Strict Procedural & Temporal Limits on Successive Post-Conviction Relief

Date: Aug 14, 2025
Bates v. State of Florida (2025): Florida Supreme Court Re-affirms the Strict Procedural & Temporal Limits on Successive Post-Conviction Relief 1. Introduction Kayle Barrington Bates’s capital...
Precision in Settlement: Oregon Supreme Court Narrows the Contribution-Bar Under ORS 465.480(4)(a)

Precision in Settlement: Oregon Supreme Court Narrows the Contribution-Bar Under ORS 465.480(4)(a)

Date: Aug 14, 2025
Precision in Settlement: Oregon Supreme Court Narrows the Contribution-Bar Under ORS 465.480(4)(a) Introduction Continental Casualty Co. v. Argonaut Ins. Co., 374 Or 144 (2025) (“Continental v....
Beyond Water Quantity: Oregon Supreme Court Confirms Protection of Beneficial Use and Commands a Full Public-Interest Review in Water-Right Permitting (East Valley Water v. OWRD, 374 Or 148 (2025))

Beyond Water Quantity: Oregon Supreme Court Confirms Protection of Beneficial Use and Commands a Full Public-Interest Review in Water-Right Permitting (East Valley Water v. OWRD, 374 Or 148 (2025))

Date: Aug 14, 2025
Beyond Water Quantity: Oregon Supreme Court Confirms Protection of Beneficial Use and Commands a Full Public-Interest Review in Water-Right Permitting Commentary on East Valley Water District v....

        “A Reasonable Period of Time”:  The Supreme Court of Ohio’s Clarification of Response Deadlines under
        R.C. 149.43 in State ex rel. Castellon v. Cuyahoga County Prosecutor’s Office (2025-Ohio-2787)

“A Reasonable Period of Time”: The Supreme Court of Ohio’s Clarification of Response Deadlines under R.C. 149.43 in State ex rel. Castellon v. Cuyahoga County Prosecutor’s Office (2025-Ohio-2787)

Date: Aug 14, 2025
“A Reasonable Period of Time”: The Supreme Court of Ohio’s Clarification of Response Deadlines under R.C. 149.43 in State ex rel. Castellon v. Cuyahoga County Prosecutor’s Office (2025-Ohio-2787)...
“Enterprise-Activity Venue” in Ohio RICO Prosecutions: A Commentary on State v. Brown, 2025-Ohio-2804

“Enterprise-Activity Venue” in Ohio RICO Prosecutions: A Commentary on State v. Brown, 2025-Ohio-2804

Date: Aug 14, 2025
“Enterprise-Activity Venue” in Ohio RICO Prosecutions: A Comprehensive Commentary on State v. Brown, 2025-Ohio-2804 1. Introduction The Supreme Court of Ohio’s decision in State v. Brown...
“No Prior Relationship, No Explicit Threat, Still Stalking” – A Commentary on State v. Crawl, 2025-Ohio-2799

“No Prior Relationship, No Explicit Threat, Still Stalking” – A Commentary on State v. Crawl, 2025-Ohio-2799

Date: Aug 14, 2025
“No Prior Relationship, No Explicit Threat, Still Stalking” – State v. Crawl Creates a Clear Rule that a Mixed Pattern of Online Harassment and a Single Physical Intrusion Can Sustain a...
No Shortcut to the Supreme Court: Missouri’s Clarified Rule on Appellate
            Jurisdiction over Preliminary Injunctions

No Shortcut to the Supreme Court: Missouri’s Clarified Rule on Appellate Jurisdiction over Preliminary Injunctions

Date: Aug 14, 2025
No Shortcut to the Supreme Court: Missouri’s Clarified Rule on Appellate Jurisdiction over Preliminary Injunctions 1. Introduction In Comprehensive Health of Planned Parenthood Great Plains v. State...
“The Rhodes Rule”: Missouri Supreme Court Re-Affirms that an Order Is Not Appealable Unless Every Requested Remedy—Legal and Equitable—Is Expressly Resolved

“The Rhodes Rule”: Missouri Supreme Court Re-Affirms that an Order Is Not Appealable Unless Every Requested Remedy—Legal and Equitable—Is Expressly Resolved

Date: Aug 14, 2025
“The Rhodes Rule”: Missouri Supreme Court Re-Affirms that an Order Is Not Appealable Unless Every Requested Remedy—Legal and Equitable—Is Expressly Resolved 1. Introduction Kevin Rhodes, a former...
From “Merely Incidental” to “Substantial”: Missouri Supreme Court Redefines the Kidnapping Element in State v. Dustin Curtis Winter

From “Merely Incidental” to “Substantial”: Missouri Supreme Court Redefines the Kidnapping Element in State v. Dustin Curtis Winter

Date: Aug 14, 2025
From “Merely Incidental” to “Substantial”: Missouri Supreme Court Redefines the Kidnapping Element in State v. Dustin Curtis Winter Introduction In State of Missouri v. Dustin Curtis Winter, No....
Equitable Estoppel Extended: Georgia Affirms Arbitrators’ Power to Bind Nonsignatories When Claims Are Inherently Intertwined

Equitable Estoppel Extended: Georgia Affirms Arbitrators’ Power to Bind Nonsignatories When Claims Are Inherently Intertwined

Date: Aug 14, 2025
Equitable Estoppel Extended: Georgia Affirms Arbitrators’ Power to Bind Nonsignatories When Claims Are Inherently Intertwined Introduction Jackson et al. v. Stevenson et al., A24A1853 (Ga. Ct. App....

“The Contextual-Trauma Test” – The Sixth Circuit’s New Twist on Tinker in C.S. v. McCrumb

“The Contextual-Trauma Test” – The Sixth Circuit’s New Twist on Tinker in C.S. v. McCrumb

Date: Aug 14, 2025
“The Contextual-Trauma Test” – The Sixth Circuit’s New Twist on Tinker in C.S. v. McCrumb 1. Introduction In C.S. v. Craig McCrumb, the United States Court of Appeals for the Sixth Circuit refused to...
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