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

In re Chin: Georgia Supreme Court Re-Aligns Disciplinary Sanctions for Knowing Misappropriation and Client-Injury

In re Chin: Georgia Supreme Court Re-Aligns Disciplinary Sanctions for Knowing Misappropriation and Client-Injury

Date: Jul 23, 2025
In re Chin: Georgia Supreme Court Re-Aligns Disciplinary Sanctions for Knowing Misappropriation and Client-Injury Introduction In In the Matter of Justin Allen Chin (S25Y0879, decided 22 July 2025)...
“Central-Reason” Nexus Re-affirmed in Gang-Recruitment Cases: A Commentary on Deleg-Lopez v. Bondi (2d Cir. 2025)

“Central-Reason” Nexus Re-affirmed in Gang-Recruitment Cases: A Commentary on Deleg-Lopez v. Bondi (2d Cir. 2025)

Date: Jul 23, 2025
“Central-Reason” Nexus Re-affirmed in Gang-Recruitment Cases: Deleg-Lopez v. Bondi (2d Cir. 2025) 1. Introduction Deleg-Lopez v. Bondi presented the U.S. Court of Appeals for the Second Circuit with...
“Ensuring” Is Not “Compelling”:  Second Circuit Clarifies Standing and APA §706(1) Constraints under the No Surprises Act

“Ensuring” Is Not “Compelling”: Second Circuit Clarifies Standing and APA §706(1) Constraints under the No Surprises Act

Date: Jul 23, 2025
“Ensuring” Is Not “Compelling”: Second Circuit Clarifies Standing and APA §706(1) Constraints under the No Surprises Act Commentary on Neurological Surgery Practice of Long Island, PLLC v. U.S. Dep’t...
James v. Norfolk Southern Railway Co.: Sixth Circuit Clarifies the Reach of Federal Rule of Appellate Procedure 3(c)(6) and Re-emphasises Rigorous Causation Pleading in RLA Fraud and Duty-of-Fair-Representation Claims

James v. Norfolk Southern Railway Co.: Sixth Circuit Clarifies the Reach of Federal Rule of Appellate Procedure 3(c)(6) and Re-emphasises Rigorous Causation Pleading in RLA Fraud and Duty-of-Fair-Representation Claims

Date: Jul 23, 2025
James v. Norfolk Southern Railway Co.: Sixth Circuit Clarifies the Reach of Federal Rule of Appellate Procedure 3(c)(6) and Re-emphasises Rigorous Causation Pleading in RLA Fraud and...
Demasi and the Expansive Reach of Appeal Waivers: Sixth Circuit Bars Pre-Plea Constitutional Challenges on Direct Appeal

Demasi and the Expansive Reach of Appeal Waivers: Sixth Circuit Bars Pre-Plea Constitutional Challenges on Direct Appeal

Date: Jul 23, 2025
Demasi and the Expansive Reach of Appeal Waivers: Sixth Circuit Bars Pre-Plea Constitutional Challenges on Direct Appeal Introduction In United States v. Anthony Demasi, No. 24-1806 (6th Cir. 2025),...
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,...
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