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

“De Minimis No Longer” – Vermont Supreme Court Affirms Mandatory Disqualification for Recurring CACFP Deficiencies and Clarifies Agency Waiver of Procedural Rules

“De Minimis No Longer” – Vermont Supreme Court Affirms Mandatory Disqualification for Recurring CACFP Deficiencies and Clarifies Agency Waiver of Procedural Rules

Date: Aug 19, 2025
“De Minimis No Longer” – Vermont Supreme Court Affirms Mandatory Disqualification for Recurring CACFP Deficiencies and Clarifies Agency Waiver of Procedural Rules Introduction In In re Butterfly...
Administrative Deference & Severability of Ultra-Vires Conditions: 
          The Vermont Supreme Court’s Decision in “In re Rutland Regional Medical Center Fiscal Year 2025”

Administrative Deference & Severability of Ultra-Vires Conditions: The Vermont Supreme Court’s Decision in “In re Rutland Regional Medical Center Fiscal Year 2025”

Date: Aug 19, 2025
Administrative Deference & Severability of Ultra-Vires Conditions: The Vermont Supreme Court’s Decision in “In re Rutland Regional Medical Center Fiscal Year 2025” Introduction On 14 August 2025, the...
From Misappropriation to Monetization: Utah Supreme Court Demands a Provable Causal Link between Trade-Secret Theft and Damages (Commentary on Feller Behavioral Health v. Military & Veteran Counseling Center, 2025 UT 33)

From Misappropriation to Monetization: Utah Supreme Court Demands a Provable Causal Link between Trade-Secret Theft and Damages (Commentary on Feller Behavioral Health v. Military & Veteran Counseling Center, 2025 UT 33)

Date: Aug 19, 2025
From Misappropriation to Monetization: Utah Supreme Court Demands a Provable Causal Link between Trade-Secret Theft and Damages Introduction In Feller Behavioral Health PLLC & Kelly Feller v....
“The Marriott Rule” – Administrative Appeals Abate at Death Absent Statutory Survival

“The Marriott Rule” – Administrative Appeals Abate at Death Absent Statutory Survival

Date: Aug 19, 2025
“The Marriott Rule” – Administrative Appeals Abate at Death Absent Statutory Survival Introduction Marriott v. Wilhelmsen (2025 UT 35) squarely confronted an unsettled issue in Utah law: Does an...
Reinstating Defamation Claims and Narrowing Utah’s Anti-SLAPP Shield: A Commentary on Mathews v. McCown (2025 UT 34)

Reinstating Defamation Claims and Narrowing Utah’s Anti-SLAPP Shield: A Commentary on Mathews v. McCown (2025 UT 34)

Date: Aug 19, 2025
Reinstating Defamation Claims and Narrowing Utah’s Anti-SLAPP Shield: A Commentary on Mathews v. McCown, 2025 UT 34 1. Introduction The Supreme Court of Utah’s unanimous opinion in Mathews v. McCown...
“Venue Does Not Vest” – The Jurisdiction-Venue Divide Re-drawn in Arends v. State (2025)

“Venue Does Not Vest” – The Jurisdiction-Venue Divide Re-drawn in Arends v. State (2025)

Date: Aug 19, 2025
“Venue Does Not Vest” – The Jurisdiction-Venue Divide Re-drawn in Arends v. State (Wash. 2025) 1. Introduction On 14 August 2025 the Washington Supreme Court decided Arends v. State, No. 103068-1, a...
Procedural Supremacy & Dual-Test Harmonisation in Juvenile Bench Warrants – Comment on State v. A.M.W. (Wash. 2025)

Procedural Supremacy & Dual-Test Harmonisation in Juvenile Bench Warrants – Comment on State v. A.M.W. (Wash. 2025)

Date: Aug 19, 2025
Procedural Supremacy & Dual-Test Harmonisation in Juvenile Bench Warrants Commentary on State v. A.M.W., 200 Wn.2d ___ (Aug. 14 2025) 1. Introduction The Supreme Court of Washington’s decision in...
From Forgery to 30-Month Suspension: The Wisconsin Rule on Repeated Will-Witness Fraud Absent Broader Misconduct

From Forgery to 30-Month Suspension: The Wisconsin Rule on Repeated Will-Witness Fraud Absent Broader Misconduct

Date: Aug 19, 2025
From Forgery to 30-Month Suspension: The Wisconsin Rule on Repeated Will-Witness Fraud Absent Broader Misconduct Introduction In Office of Lawyer Regulation v. John P. Buran, 2025 WI 40, the...
Progressive Discipline Re-Calibrated: Wisconsin Supreme Court Authorises Mid-Range (18-Month) Suspensions for Recidivist Attorney Misconduct

Progressive Discipline Re-Calibrated: Wisconsin Supreme Court Authorises Mid-Range (18-Month) Suspensions for Recidivist Attorney Misconduct

Date: Aug 19, 2025
Progressive Discipline Re-Calibrated: Wisconsin Supreme Court Authorises Mid-Range (18-Month) Suspensions for Recidivist Attorney Misconduct Introduction The decision in Office of Lawyer Regulation...
Cowan v. Exclusive Resorts: Contractual Attorney-Fee Clauses Override HRS § 607-14 in Assumpsit Actions

Cowan v. Exclusive Resorts: Contractual Attorney-Fee Clauses Override HRS § 607-14 in Assumpsit Actions

Date: Aug 19, 2025
Cowan v. Exclusive Resorts PBL1, LLC Supreme Court of Hawaiʻi, Opinion filed 14 August 2025 “Contract-Specific Fee Clauses Defeat Statutory Fees in Assumpsit” 1. Introduction Cowan v. Exclusive...
Second Circuit Re-characterizes § 6213(a) as a Non-Jurisdictional, Equitably-Tollable Deadline

Second Circuit Re-characterizes § 6213(a) as a Non-Jurisdictional, Equitably-Tollable Deadline

Date: Aug 19, 2025
Second Circuit Redefines the 90-Day Deficiency Deadline: I.R.C. § 6213(a) Deemed Non-Jurisdictional and Subject to Equitable Tolling I. Introduction In Buller v. Commissioner, No. 24-1557 (2d Cir....
“Arbitration in Name Only” – Second Circuit Refines the FAA’s Limits in Flores v. N.Y. Football Giants

“Arbitration in Name Only” – Second Circuit Refines the FAA’s Limits in Flores v. N.Y. Football Giants

Date: Aug 19, 2025
“Arbitration in Name Only” – Second Circuit Refines the FAA’s Limits in Flores v. N.Y. Football Giants 1. Introduction The United States Court of Appeals for the Second Circuit has delivered a...
Continuances after Patel: Second Circuit Confirms Judicial Review & Re-states the “Good-Cause/Prima-Facie–Eligibility” Test – Commentary on Hernandez Flores v. Bondi (2025)

Continuances after Patel: Second Circuit Confirms Judicial Review & Re-states the “Good-Cause/Prima-Facie–Eligibility” Test – Commentary on Hernandez Flores v. Bondi (2025)

Date: Aug 19, 2025
Continuances after Patel: Second Circuit Confirms Judicial Review & Re-states the “Good-Cause/Prima-Facie–Eligibility” Test – Commentary on Hernandez Flores v. Bondi (2025) 1. Introduction Hernandez...
Employer Assurances Can Nullify Broad Release: The “Knowing-and-Voluntary” Standard Re-Defined in Schuyler v. Sun Life

Employer Assurances Can Nullify Broad Release: The “Knowing-and-Voluntary” Standard Re-Defined in Schuyler v. Sun Life

Date: Aug 19, 2025
Employer Assurances Can Nullify Broad Release: The “Knowing-and-Voluntary” Standard Re-Defined in Schuyler v. Sun Life Assurance Company of Canada Introduction On 14 August 2025 the United States...
Debit-Card Numbers and PINs as “Means of Identification”: A Commentary on United States v Constantinescu (2d Cir. 2025)

Debit-Card Numbers and PINs as “Means of Identification”: A Commentary on United States v Constantinescu (2d Cir. 2025)

Date: Aug 19, 2025
Debit-Card Numbers and PINs as “Means of Identification”: A Structured Commentary on United States v. Constantinescu, 91 F.4th ___ (2d Cir. 2025) 1. Introduction The Second Circuit’s decision in...
“Implicit-Accounting” in Disability Adjudication:  Eleventh Circuit Confirms ALJs May Address Moderate Social and Adaptive Limitations Without Mirroring Them Verbatim in the RFC (Patterson v. Commissioner, SSA)

“Implicit-Accounting” in Disability Adjudication: Eleventh Circuit Confirms ALJs May Address Moderate Social and Adaptive Limitations Without Mirroring Them Verbatim in the RFC (Patterson v. Commissioner, SSA)

Date: Aug 19, 2025
“Implicit-Accounting” in Disability Adjudication: Eleventh Circuit Confirms ALJs May Address Moderate Social and Adaptive Limitations Without Mirroring Them Verbatim in the RFC Patterson v....
From “Equitable” to “Statutory”: The Eleventh Circuit’s Clarification of Mootness in § 363(b) Bankruptcy Sale Appeals

From “Equitable” to “Statutory”: The Eleventh Circuit’s Clarification of Mootness in § 363(b) Bankruptcy Sale Appeals

Date: Aug 19, 2025
From “Equitable” to “Statutory”: The Eleventh Circuit’s Clarification of Mootness in § 363(b) Bankruptcy Sale Appeals 1. Introduction The Eleventh Circuit’s decision in Payam Katebian v. Tamara...
“Same Time, New Package” – Eleventh Circuit Confirms Broad Discretion to Re-impose an Identical Aggregate Sentence After § 2255 Partial Vacatur

“Same Time, New Package” – Eleventh Circuit Confirms Broad Discretion to Re-impose an Identical Aggregate Sentence After § 2255 Partial Vacatur

Date: Aug 19, 2025
“Same Time, New Package” – Eleventh Circuit Confirms Broad Discretion to Re-impose an Identical Aggregate Sentence After § 2255 Partial Vacatur Introduction In United States v. Michael Chance, No....
Delay-Based Defeat of Irreparable Harm in First-Amendment Cases: Commentary on Yahzur Yo'Seph v. Secretary, Florida DOC

Delay-Based Defeat of Irreparable Harm in First-Amendment Cases: Commentary on Yahzur Yo'Seph v. Secretary, Florida DOC

Date: Aug 19, 2025
Delay-Based Defeat of Irreparable Harm in First-Amendment Cases: A Detailed Commentary on Yahzur Yo'Seph v. Secretary, Florida Department of Corrections 1. Introduction In Yahzur Yo'Seph v....
“Diligence or Dismissal” – Third Circuit Re-affirms Strict Equitable-Tolling Standards and Post-Niz-Chavez NTA Challenges in Brown v. Attorney General (2025)

“Diligence or Dismissal” – Third Circuit Re-affirms Strict Equitable-Tolling Standards and Post-Niz-Chavez NTA Challenges in Brown v. Attorney General (2025)

Date: Aug 19, 2025
“Diligence or Dismissal” – Third Circuit Re-affirms Strict Equitable-Tolling Standards and Post-Niz-Chavez NTA Challenges in Brown v. Attorney General (3d Cir. 2025) 1. Introduction The Third...
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