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

“Play ALJ, Not Doctor”: Eleventh Circuit Affirms ALJ’s Authority Under Post‑2017 SSA Regulations to Reject Medical Opinion Limitations Based on Supportability and Consistency

Date: Oct 9, 2025

“Play ALJ, Not Doctor”: Eleventh Circuit Affirms ALJ’s Authority Under Post‑2017 SSA Regulations to Reject Medical Opinion Limitations Based on Supportability and Consistency Case: Marta Rivera v....

Independent Obligations Under California Law Do Not Excuse Self‑Help Termination; Good‑Faith Amount‑in‑Controversy Pleading Controls Diversity Jurisdiction

Date: Oct 9, 2025

Independent Obligations Under California Law Do Not Excuse Self‑Help Termination; Good‑Faith Amount‑in‑Controversy Pleading Controls Diversity Jurisdiction Case: Music Royalty Consulting, Inc. v....

Eleventh Circuit Reaffirms Two Gatekeepers: Specific, Merits-Based Grounds Are Required to Withdraw Rule 36 Admissions, and FCRA §1681s‑2(b) Claims Fail Absent Proof of Inaccuracy—No Right to an Oral Hearing on Summary Judgment

Date: Oct 9, 2025

Eleventh Circuit Reaffirms Two Gatekeepers: Specific, Merits-Based Grounds Are Required to Withdraw Rule 36 Admissions, and FCRA §1681s‑2(b) Claims Fail Absent Proof of Inaccuracy—No Right to an Oral...

No Plain Error in Dual Lay–Expert Agent Narrative; Express Assent Invokes Invited-Error Bar to Modified Allen Charge — United States v. Kentrail Brown (11th Cir. 2025)

Date: Oct 9, 2025

No Plain Error in Dual Lay–Expert Agent Narrative; Express Assent Invokes Invited-Error Bar to Modified Allen Charge — United States v. Kentrail Brown (11th Cir. 2025) Introduction In United States...

Appeal Waivers Enforced, Rule 11 Factual-Basis Challenges Allowed, and “Protective” Gun Possession Suffices for § 924(c)’s “In Furtherance” Element: Commentary on United States v. Elbert (11th Cir. 2025)

Date: Oct 9, 2025

Appeal Waivers Enforced, Rule 11 Factual-Basis Challenges Allowed, and “Protective” Gun Possession Suffices for § 924(c)’s “In Furtherance” Element Commentary on United States v. Mario Lenard Elbert,...

Post‑Counterman Bomb‑Threat Prosecutions: Eleventh Circuit Confirms that “Willfully” in 18 U.S.C. § 844(e) and the Pattern “Serious Threat” Instruction Satisfy the First Amendment

Date: Oct 9, 2025

Post‑Counterman Bomb‑Threat Prosecutions: Eleventh Circuit Confirms that “Willfully” in 18 U.S.C. § 844(e) and the Pattern “Serious Threat” Instruction Satisfy the First Amendment Case: United States...

No Indictment Presumption for Probable Cause; Body‑Weight Pressure on Restrained Suspects and “Small‑Group” Identification: Sixth Circuit Partially Revives Claims in English v. Kral

Date: Oct 9, 2025

No Indictment Presumption for Probable Cause; Body‑Weight Pressure on Restrained Suspects and “Small‑Group” Identification: Sixth Circuit Partially Revives Claims in English v. Kral Court: U.S. Court...

Mandamus as Safety Valve: Sixth Circuit Reaffirms Privilege and Work-Product Protection for Corporate Internal Investigations Triggered by Government Probes

Date: Oct 9, 2025

Mandamus as Safety Valve: Sixth Circuit Reaffirms Privilege and Work-Product Protection for Corporate Internal Investigations Triggered by Government Probes Case: In re FirstEnergy Corp., No. 24-3654...

First-to-File Is Not an Independent Transfer Power: Sixth Circuit Authorizes Mandamus to Vacate Unauthorized Inter‑Circuit Transfers

Date: Oct 9, 2025

First-to-File Is Not an Independent Transfer Power: Sixth Circuit Authorizes Mandamus to Vacate Unauthorized Inter‑Circuit Transfers Introduction This published Sixth Circuit decision addresses when...

Yoder v. Bowen: Sixth Circuit Leaves Drone-Hunting Ban Intact and Narrows the Speech-Inputs Doctrine—For Now

Date: Oct 9, 2025

Yoder v. Bowen: Sixth Circuit Leaves Drone-Hunting Ban Intact and Narrows the Speech-Inputs Doctrine—For Now Introduction In Mike Yoder v. Scott Bowen, the U.S. Court of Appeals for the Sixth Circuit...

Persistent Assertions of Innocence Defeat Plea-Stage Prejudice: Eleventh Circuit Clarifies When § 2255 Petitioners Get an Evidentiary Hearing

Date: Oct 9, 2025

Persistent Assertions of Innocence Defeat Plea-Stage Prejudice: Eleventh Circuit Clarifies When § 2255 Petitioners Get an Evidentiary Hearing Introduction In Catrell Ivory v. United States (11th Cir....

Waiver-by-Acquiescence at Sentencing and the Near-Irrebuttable Presumption for Below-Guidelines Terms: United States v. Petre (7th Cir. 2025)

Date: Oct 9, 2025

Waiver-by-Acquiescence at Sentencing and the Near-Irrebuttable Presumption for Below-Guidelines Terms: United States v. Petre (7th Cir. 2025) Court: United States Court of Appeals for the Seventh...

Jus Soli, Not Domicile: First Circuit Reaffirms Birthright Citizenship and Clarifies Injunctive Scope in Doe v. Trump

Date: Oct 9, 2025

Jus Soli, Not Domicile: First Circuit Reaffirms Birthright Citizenship and Clarifies Injunctive Scope in Doe v. Trump Introduction In Doe v. Trump, the First Circuit confronted Executive Order 14160,...

First Circuit Confirms Birthright Citizenship Bars EO 14160 and Clarifies Injunctions Cannot Run Against the President or Agencies

Date: Oct 9, 2025

First Circuit Confirms Birthright Citizenship Bars EO 14160 and Clarifies Injunctions Cannot Run Against the President or Agencies Introduction In New Hampshire Indonesian Community Support v. Trump,...

Jus Soli Reaffirmed and Universal Relief Clarified: First Circuit Strikes Down EO 14160 and Holds “Subject to the Jurisdiction” Encompasses Nearly All U.S.-Born Children

Date: Oct 9, 2025

Jus Soli Reaffirmed and Universal Relief Clarified: First Circuit Strikes Down EO 14160 and Holds “Subject to the Jurisdiction” Encompasses Nearly All U.S.-Born Children Introduction This appeal from...

Evenhanded Pork Sales Bans Survive: First Circuit Applies National Pork to Reject Dormant Commerce Clause and FMIA/PSA Preemption Challenges

Date: Oct 9, 2025

Evenhanded Pork Sales Bans Survive: First Circuit Applies National Pork to Reject Dormant Commerce Clause and FMIA/PSA Preemption Challenges Introduction In Triumph Foods, LLC v. Campbell (1st Cir....

Disfavoring Token-Efforts-Only Terminations in Private Petitions and Rejecting Admissions by Silence: Nevada Supreme Court’s Guidance in In re Parental Rights as to S.A.T.

Date: Oct 9, 2025

Disfavoring Token-Efforts-Only Terminations in Private Petitions and Rejecting Admissions by Silence: Nevada Supreme Court’s Guidance in In re Parental Rights as to S.A.T. Introduction In In the...

State v. Chavez: Reaffirming that Pre‑arming, a Prolonged Multi‑Stab Attack, and Post‑Crime Evasion Support Deliberate Intent; Self‑Defense Instruction Requires Subjective Fear of Death or Great Bodily Harm

Date: Oct 9, 2025

State v. Chavez: Reaffirming that Pre‑arming, a Prolonged Multi‑Stab Attack, and Post‑Crime Evasion Support Deliberate Intent; Self‑Defense Instruction Requires Subjective Fear of Death or Great...

Visiting-Judge Assignment Irregularities Render Judgments Voidable, Not Void: Ohio Supreme Court Reaffirms Limits of Habeas in Lowe v. Smith

Date: Oct 9, 2025

Visiting-Judge Assignment Irregularities Render Judgments Voidable, Not Void: Ohio Supreme Court Reaffirms Limits of Habeas in Lowe v. Smith Case: Lowe v. Smith, Warden, Slip Opinion No....

Commutation Is Not a New Judgment: Ohio Supreme Court Confirms Governor’s Power to Substitute LWOP for Death Without Ex Post Facto Implications

Date: Oct 9, 2025

Commutation Is Not a New Judgment: Ohio Supreme Court Confirms Governor’s Power to Substitute LWOP for Death Without Ex Post Facto Implications Case: State ex rel. Hawkins v. Frederick, Slip Opinion...

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