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

Pleading-Stage Constitutional Scrutiny of Municipal Tax Classifications: Equal Protection, Vagueness, and Dormant Commerce Clause Claims May Proceed; Zoning-Notice Attack Fails — Campus Crest v. City of Tuscaloosa

Date: Oct 8, 2025

Pleading-Stage Constitutional Scrutiny of Municipal Tax Classifications: Equal Protection, Vagueness, and Dormant Commerce Clause Claims May Proceed; Zoning-Notice Attack Fails Introduction In Campus...

Mississippi Supreme Court Authorizes $50 CLE Sponsor Application Fee as a Condition of Accreditation

Date: Oct 8, 2025

Mississippi Supreme Court Authorizes $50 CLE Sponsor Application Fee as a Condition of Accreditation Introduction This commentary examines the Mississippi Supreme Court’s administrative order in In...

Mississippi Supreme Court Adopts Official Civil Subpoena Forms (Forms 6–8) and Requires Conspicuous Ten‑Day Production Hold Under Rule 45

Date: Oct 8, 2025

Mississippi Supreme Court Adopts Official Civil Subpoena Forms (Forms 6–8) and Requires Conspicuous Ten‑Day Production Hold Under Rule 45 Introduction In a rulemaking order titled “In re: The Rules...

Pleading-Stage Pathways Around the UCC Statute of Frauds: Joint Counsel’s Email May Qualify as a Merchant’s Confirmation, and Pre‑Closing Control May Constitute Receipt and Acceptance

Date: Oct 8, 2025

Pleading-Stage Pathways Around the UCC Statute of Frauds: Joint Counsel’s Email May Qualify as a Merchant’s Confirmation, and Pre‑Closing Control May Constitute Receipt and Acceptance Introduction In...

No Present Conveyance, No Deed: Mississippi High Court Holds “Upon Sale or My Death Shall Be Shared” Instruments Are Testamentary, Not Inter Vivos Conveyances

Date: Oct 8, 2025

No Present Conveyance, No Deed: Mississippi High Court Holds “Upon Sale or My Death Shall Be Shared” Instruments Are Testamentary, Not Inter Vivos Conveyances Introduction This commentary analyzes...

State v. Cooper: Connecticut Declines to Require Pre‑Waiver Adult Consultation for Juveniles; Totality of the Circumstances Governs Miranda Waivers

Date: Oct 8, 2025

State v. Cooper: Connecticut Declines to Require Pre‑Waiver Adult Consultation for Juveniles; Totality of the Circumstances Governs Miranda Waivers Introduction In State v. Cooper, SC 20865 (Conn....

No Per Se “Interested Adult” Rule for Juvenile Miranda Waivers: Connecticut Reaffirms Totality-of-the-Circumstances in State v. Cooper (2025)

Date: Oct 8, 2025

No Per Se “Interested Adult” Rule for Juvenile Miranda Waivers: Connecticut Reaffirms Totality-of-the-Circumstances in State v. Cooper (2025) Introduction In State v. Cooper, the Supreme Court of...

Ripeness at Sixty-Five and the Conformity Clause: Florida Rejects a Categorical “Elderly” Exemption from Execution in Smithers v. State (Fla. 2025)

Date: Oct 8, 2025

Ripeness at Sixty-Five and the Conformity Clause: Florida Rejects a Categorical “Elderly” Exemption from Execution in Smithers v. State (Fla. 2025) Introduction In Samuel L. Smithers v. State of...

Including Profit in an Automaker’s “Destination Charge” Is Not Deceptive Under the NJCFA, and Manufacturers Owe No Disclosure Duty for Pass-Through Fees

Date: Oct 5, 2025

Including Profit in an Automaker’s “Destination Charge” Is Not Deceptive Under the NJCFA, and Manufacturers Owe No Disclosure Duty for Pass-Through Fees Introduction In BCR Carpentry LLC v. FCA US...

“Claim-and-Denial” Ripeness Rule for Takings Challenges to Pennsylvania’s Unclaimed Property Custody

Date: Oct 5, 2025

“Claim-and-Denial” Ripeness Rule for Takings Challenges to Pennsylvania’s Unclaimed Property Custody Case: Brian Dillow v. Treasurer of the Commonwealth of Pennsylvania Court: United States Court of...

Judicial Participation, Accurate Sentencing Warnings, and Time‑Limited Plea Offers Do Not Alone Render a Plea Involuntary: Commentary on Devine v. Commonwealth of Pennsylvania (3d Cir. 2025)

Date: Oct 5, 2025

Judicial Participation, Accurate Sentencing Warnings, and Time‑Limited Plea Offers Do Not Alone Render a Plea Involuntary Introduction This commentary examines the Third Circuit’s non-precedential...

Mailing, Not Receipt, Triggers FTCA’s Six‑Month Deadline; COVID-Era Office Mail Protocols Do Not Justify Equitable Tolling

Date: Oct 5, 2025

Mailing, Not Receipt, Triggers FTCA’s Six‑Month Deadline; COVID-Era Office Mail Protocols Do Not Justify Equitable Tolling Case: Margarita Marshall v. United States Post Office, United States Postal...

United States v. Vargas: Contextual Use of Informant Recordings Does Not Implicate the Confrontation Clause; Compulsory Process Requires a Plausible Showing of Favorability

Date: Oct 5, 2025

United States v. Vargas: Contextual Use of Informant Recordings Does Not Implicate the Confrontation Clause; Compulsory Process Requires a Plausible Showing of Favorability Introduction This...

United States v. Malcolm: Third Circuit affirms upward variance based on uncharged robberies and jail misconduct, clarifying § 924(c)/Guidelines interplay

Date: Oct 5, 2025

United States v. Malcolm: Third Circuit affirms upward variance based on uncharged robberies and jail misconduct, clarifying § 924(c)/Guidelines interplay Note: This Third Circuit disposition is “not...

Pending Rule 23(f) Petitions Do Not Divest District Courts of Authority to Revise Class-Certification Orders; Subclassing Purchasers and Exchangers Permissible in Merger-Related Securities Fraud

Date: Oct 5, 2025

Pending Rule 23(f) Petitions Do Not Divest District Courts of Authority to Revise Class-Certification Orders; Subclassing Purchasers and Exchangers Permissible in Merger-Related Securities Fraud...

Electronic Receipt and Unsigned Company Certification Suffice for Cancelling Financed Policies under La. R.S. 9:3550(G)(3)

Date: Oct 5, 2025

Electronic Receipt and Unsigned Company Certification Suffice for Cancelling Financed Policies under La. R.S. 9:3550(G)(3) Introduction In Williams v. GoAuto Insurance, the United States Court of...

Temporary Telework That Precludes Essential In‑Person Duties Is Not a Reasonable ADA Accommodation: Fourth Circuit (Unpublished) Reaffirms Present‑Tense Essential‑Functions Test

Date: Oct 5, 2025

Temporary Telework That Precludes Essential In‑Person Duties Is Not a Reasonable ADA Accommodation: Fourth Circuit (Unpublished) Reaffirms Present‑Tense Essential‑Functions Test Case: Donna M. Jones...

No §1983 End‑Run Around Habeas for McGirt‑Based Jurisdictional Challenges; Prospective Relief Against Judges Requires Ongoing Injury

Date: Oct 5, 2025

No §1983 End‑Run Around Habeas for McGirt‑Based Jurisdictional Challenges; Prospective Relief Against Judges Requires Ongoing Injury Introduction In Davison v. Smith, No. 24-6256 (10th Cir. Oct. 3,...

Gatekeeping, Not Merits: The Tenth Circuit Reaffirms Burns/Dodson Limits on Habeas Review of Nonunanimous Court‑Martial Verdicts and Rejects “Missing Transcript” Attacks

Date: Oct 5, 2025

Gatekeeping, Not Merits: The Tenth Circuit Reaffirms Burns/Dodson Limits on Habeas Review of Nonunanimous Court‑Martial Verdicts and Rejects “Missing Transcript” Attacks Introduction In Livingston v....

Modoc Nation v. Shah: Collateral-Order Review of Denials of Tribal and State-Law Immunities; No Tribal Sovereign Immunity in Individual-Capacity Suits Against Tribal Officials

Date: Oct 5, 2025

Modoc Nation v. Shah: Collateral-Order Review of Denials of Tribal and State-Law Immunities; No Tribal Sovereign Immunity in Individual-Capacity Suits Against Tribal Officials Court: United States...

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