battery-claims-excluded-under-ftca& Case Commentaries

Forbearance of Divorce as Valid Consideration, Yet Oral Promises to Convey Realty Remain Unenforceable Against Subsequent Purchasers Absent Writing or “Unequivocally Referable” Part Performance — Makransky v. Makransky (2d Dep’t 2025)

Date: Oct 17, 2025

Forbearance of Divorce as Valid Consideration, Yet Oral Promises to Convey Realty Remain Unenforceable Against Subsequent Purchasers Absent Writing or “Unequivocally Referable” Part Performance —...

Firmly Affixed Allonges and First‑Hand Mailing Proof as Nonnegotiable Conditions Precedent in New York Foreclosures: Onewest Bank FSB v. Thomas

Date: Oct 17, 2025

Firmly Affixed Allonges and First‑Hand Mailing Proof as Nonnegotiable Conditions Precedent in New York Foreclosures: Onewest Bank FSB v. Thomas Introduction In Onewest Bank FSB v. Thomas, 2025 NY...

Canon 3(C) Clarified: No Misconduct Where a Judge Promptly Invokes Article 154’s Ad Hoc Recusal Procedure; Thirty‑Day Suspension for Injudicious Demeanor

Date: Oct 17, 2025

Canon 3(C) Clarified: No Misconduct Where a Judge Promptly Invokes Article 154’s Ad Hoc Recusal Procedure; Thirty‑Day Suspension for Injudicious Demeanor Introduction The Supreme Court of Louisiana’s...

Per-Unit Statute of Repose Under OCGA § 51-1-11(b)(2): Georgia Supreme Court Holds Repose Runs From the First Sale of Each Unit, Not From a Plaintiff’s Earliest Purchase

Date: Oct 17, 2025

Per-Unit Statute of Repose Under OCGA § 51-1-11(b)(2): Georgia Supreme Court Holds Repose Runs From the First Sale of Each Unit, Not From a Plaintiff’s Earliest Purchase Introduction In Burroughs v....

Georgia Supreme Court Bars Use of Arrest Warrants and Indictments for Impeachment Under OCGA § 24-6-609; Ineffective-Assistance Claims Fail Absent Prejudice — Commentary on Copney v. State (Ga. 2025)

Date: Oct 17, 2025

Georgia Supreme Court Bars Use of Arrest Warrants and Indictments for Impeachment Under OCGA § 24-6-609; Ineffective-Assistance Claims Fail Absent Prejudice Introduction In Copney v. State, S25A0877...

Stormwater Utility Charges Are Fees, Not Taxes: Georgia Supreme Court Reaffirms Homewood I and Clarifies Takings Doctrine After Sheetz

Date: Oct 17, 2025

Stormwater Utility Charges Are Fees, Not Taxes: Georgia Supreme Court Reaffirms Homewood I and Clarifies Takings Doctrine After Sheetz Introduction In Homewood Associates, Inc. et al. v. Unified...

Legitimation Against the Marital Presumption: Georgia Supreme Court Leaves Best‑Interests Framework Intact and Calls for Legislative Clarification

Date: Oct 17, 2025

Legitimation Against the Marital Presumption: Georgia Supreme Court Leaves Best‑Interests Framework Intact and Calls for Legislative Clarification Introduction In Marquez v. Aguirre, Case No....

Moss v. State: Ambiguous Self-Referential Statements Do Not Clearly Trigger Georgia’s Confession-Corroboration Rule; Unsettled Status of Offense Captions as Factual Allegations; Particularity of Cell-Phone Warrants Reaffirmed Through Pugh/Wilson Framework

Date: Oct 17, 2025

Moss v. State: Ambiguous Self-Referential Statements Do Not Clearly Trigger Georgia’s Confession-Corroboration Rule; Unsettled Status of Offense Captions as Factual Allegations; Particularity of...

Redressability at the Core of Georgia’s Actual-Controversy Requirement: Plaintiffs Must Sue the Actor Causing the Injury

Date: Oct 17, 2025

Redressability at the Core of Georgia’s Actual-Controversy Requirement: Plaintiffs Must Sue the Actor Causing the Injury Introduction This commentary examines the Supreme Court of Georgia’s decision...

Plain Error at the Time of Appeal—With a Prospective Caveat: Georgia High Court Holds Daubert Inapplicable to Pre‑2022 Criminal Trials and Reaffirms Harper/Belton for Footwear Testimony

Date: Oct 17, 2025

Plain Error at the Time of Appeal—With a Prospective Caveat: Georgia High Court Holds Daubert Inapplicable to Pre‑2022 Criminal Trials and Reaffirms Harper/Belton for Footwear Testimony Introduction...

Actual Knowledge Is Awareness of the Hazard Itself, Not Its Precise Location: Georgia Supreme Court Clarifies “Specific Hazard” and Limits Constructive-Knowledge Principles in Premises Liability

Date: Oct 17, 2025

Actual Knowledge Is Awareness of the Hazard Itself, Not Its Precise Location: Georgia Supreme Court Clarifies “Specific Hazard” and Limits Constructive-Knowledge Principles in Premises Liability...

Smith v. State: Clarifying the Timberlake Framework for Extraordinary Motions Based on New Expert Scientific Analysis

Date: Oct 17, 2025

Smith v. State: Clarifying the Timberlake Framework for Extraordinary Motions Based on New Expert Scientific Analysis Court: Supreme Court of Georgia Date: October 15, 2025 Citation: S25A0548 Author:...

No “Basic Fairness” Shortcut: Georgia Supreme Court Requires Explicit Rule 401/403 Analysis Before Excluding Social-Media Gang Evidence (State v. Sims)

Date: Oct 17, 2025

No “Basic Fairness” Shortcut: Georgia Supreme Court Requires Explicit Rule 401/403 Analysis Before Excluding Social-Media Gang Evidence Commentary on State v. Sims, Supreme Court of Georgia (Oct. 15,...

Taylor v. State: Unpreserved Fourth Amendment Attacks on Social Media and Cell-Phone Warrants Face Plain-Error Review; Cumulative Digital Communications Render Any Error Harmless

Date: Oct 17, 2025

Taylor v. State: Unpreserved Fourth Amendment Attacks on Social Media and Cell-Phone Warrants Face Plain-Error Review; Cumulative Digital Communications Render Any Error Harmless Introduction In...

Voluntary Intoxication Instructions in Georgia Must Include “Permanent Brain Function Alteration” Limitation; Intoxication Alone Does Not Render a Confession Involuntary Absent Police Coercion

Date: Oct 17, 2025

Voluntary Intoxication Instructions in Georgia Must Include “Permanent Brain Function Alteration” Limitation; Intoxication Alone Does Not Render a Confession Involuntary Absent Police Coercion...

Baseless Damages Theories and Bad-Faith Settlement Tactics Can Render a Lanham Act Case “Exceptional” and Support § 1927 Sanctions: Second Circuit Affirms Fee Award and Joint-and-Several Liability Without a Hearing

Date: Oct 17, 2025

Baseless Damages Theories and Bad-Faith Settlement Tactics Can Render a Lanham Act Case “Exceptional” and Support § 1927 Sanctions: Second Circuit Affirms Fee Award and Joint-and-Several Liability...

Basra v. Bondi: Reaffirming Strict Limits on Untimely, Number‑Barred Motions to Reopen—No Changed‑Conditions Reopening Without Credibility Rehabilitation; Equitable Tolling Requires Diligence

Date: Oct 17, 2025

Basra v. Bondi: Reaffirming Strict Limits on Untimely, Number‑Barred Motions to Reopen—No Changed‑Conditions Reopening Without Credibility Rehabilitation; Equitable Tolling Requires Diligence...

Unlicensed Home Health Aides Are Not Covered: Second Circuit’s Nonprecedential Clarification of Brighthouse’s Home Health Care Benefits

Date: Oct 17, 2025

Unlicensed Home Health Aides Are Not Covered: Second Circuit’s Nonprecedential Clarification of Brighthouse’s Home Health Care Benefits Case: Jackling v. Brighthouse Life Insurance Company (No....

Misconduct Is Not Disability Discrimination: Second Circuit Reaffirms that the ADA Does Not Require Excusing Disruptive Conduct and Demands Plausible Causation for Discrimination, Accommodation, and Retaliation Claims in Youth Sports Settings

Date: Oct 17, 2025

Misconduct Is Not Disability Discrimination: Second Circuit Reaffirms that the ADA Does Not Require Excusing Disruptive Conduct and Demands Plausible Causation for Discrimination, Accommodation, and...

Foreseeability and Realistic Opportunity to Intervene: Second Circuit Reaffirms Deliberate Indifference Pleading Standards and Duplicative Official-Capacity Claims in Montgomery v. Orange County

Date: Oct 17, 2025

Foreseeability and Realistic Opportunity to Intervene: Second Circuit Reaffirms Deliberate Indifference Pleading Standards and Duplicative Official-Capacity Claims in Montgomery v. Orange County...

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