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

Substantial Similarity Requires Protectable Expression: Eleventh Circuit Affirms Dismissal Where Shared Afterlife Imagery Is Scènes à Faire

Date: Oct 17, 2025

Substantial Similarity Requires Protectable Expression: Eleventh Circuit Affirms Dismissal Where Shared Afterlife Imagery Is Scènes à Faire Introduction In George Lee Clark v. Dr. Eben Alexander,...

ALJs May Determine the Identity of a Treating Physician When the OWCP District Director Authorizes a Change: Eleventh Circuit Clarifies Physician-Choice and Reimbursement Rules Under the LHWCA

Date: Oct 17, 2025

ALJs May Determine the Identity of a Treating Physician When the OWCP District Director Authorizes a Change: Eleventh Circuit Clarifies Physician-Choice and Reimbursement Rules Under the LHWCA...

Esteras in Action: Express Reliance on § 3553(a)(2)(A) at Revocation Is Plain Error; Home Confinement Treated as an Alternative to Incarceration for Substantial-Rights Analysis

Date: Oct 17, 2025

Esteras in Action: Express Reliance on § 3553(a)(2)(A) at Revocation Is Plain Error; Home Confinement Treated as an Alternative to Incarceration for Substantial-Rights Analysis Introduction United...

Pretext or Bust: The Sixth Circuit Reaffirms Strict Evidentiary Demands for Pretext and Clarifies the Prejudice Showing Required to Challenge Sua Sponte Summary Judgment

Date: Oct 17, 2025

Pretext or Bust: The Sixth Circuit Reaffirms Strict Evidentiary Demands for Pretext and Clarifies the Prejudice Showing Required to Challenge Sua Sponte Summary Judgment Introduction In Darryl...

Post-Muldrow Clarity in the Sixth Circuit: Written Reprimands, Proposed Removals, and Mere Threats Do Not Constitute Adverse Actions; Rigor in Comparator Proof Reaffirmed (Palmer v. Department of the Air Force)

Date: Oct 17, 2025

Post-Muldrow Clarity in the Sixth Circuit: Written Reprimands, Proposed Removals, and Mere Threats Do Not Constitute Adverse Actions; Rigor in Comparator Proof Reaffirmed Introduction This commentary...

Sixth Circuit Reaffirms “Low Bar” for U.S.S.G. §2D1.1(b)(12) Stash‑House Enhancement and Approves Use of Empirical Sentencing Data to Address §3553(a)(6) Disparities

Date: Oct 17, 2025

Sixth Circuit Reaffirms “Low Bar” for U.S.S.G. §2D1.1(b)(12) Stash‑House Enhancement and Approves Use of Empirical Sentencing Data to Address §3553(a)(6) Disparities Case: United States v. Richard...

Ramos v. Bondi: Enforcing Clear-Error Review and the Futility-of-Remand Remedy—Tenth Circuit Orders Reinstatement of IJ’s Asylum Grant

Date: Oct 17, 2025

Ramos v. Bondi: Enforcing Clear-Error Review and the Futility-of-Remand Remedy—Tenth Circuit Orders Reinstatement of IJ’s Asylum Grant Introduction In Ramos v. Bondi (10th Cir. Oct. 15, 2025), the...

Proper Exhaustion Requires Proof of Appeal: Tenth Circuit Confirms Generic Postage Charges Cannot Substantiate PLRA Exhaustion in Religious-Diet Claims

Date: Oct 17, 2025

Proper Exhaustion Requires Proof of Appeal: Tenth Circuit Confirms Generic Postage Charges Cannot Substantiate PLRA Exhaustion in Religious-Diet Claims Case: Wiggins v. Hatch, United States Court of...

Eleventh Circuit Predicts Florida Will Apply the Notice-Prejudice Rule to Prompt-Notice Breaches in Claims-Made Policies When Claims Are Timely Reported

Date: Oct 17, 2025

Eleventh Circuit Predicts Florida Will Apply the Notice-Prejudice Rule to Prompt-Notice Breaches in Claims-Made Policies When Claims Are Timely Reported Introduction In L. Squared Industries, Inc. v....

Mandatory Pre‑Suit Exhaustion for ERISA Fiduciary‑Breach Claims Reaffirmed; Narrow Exceptions and No Stay for Premature Suits (Bolton v. Inland Fresh)

Date: Oct 17, 2025

Mandatory Pre‑Suit Exhaustion for ERISA Fiduciary‑Breach Claims Reaffirmed; Narrow Exceptions and No Stay for Premature Suits Case: Rani Bolton v. Inland Fresh Seafood Corporation of America, Inc....

First Circuit Requires District Courts to Address Rehabilitation—In Combination with Family Circumstances—When Ruling on Compassionate Release under Amended U.S.S.G. §1B1.13

Date: Oct 17, 2025

First Circuit Requires District Courts to Address Rehabilitation—In Combination with Family Circumstances—When Ruling on Compassionate Release under Amended U.S.S.G. §1B1.13 Introduction In United...

Crawford v. Mississippi: Supreme Court Declines to Resolve Retroactivity of McCoy v. Louisiana; Sotomayor Dissent Urges Retroactive Application on Collateral Review

Date: Oct 17, 2025

Crawford v. Mississippi: Supreme Court Declines to Resolve Retroactivity of McCoy v. Louisiana; Sotomayor Dissent Urges Retroactive Application on Collateral Review Introduction In Crawford v....

No Relitigation Injunction for Post‑Complaint Conduct: Third Circuit Limits Claim and Issue Preclusion Under the Anti‑Injunction Act

Date: Oct 16, 2025

No Relitigation Injunction for Post‑Complaint Conduct: Third Circuit Limits Claim and Issue Preclusion Under the Anti‑Injunction Act Introduction In Erie Indemnity Co. v. Troy Stephenson, the U.S....

Mistaken Drug Identity Does Not Limit Guideline Accountability; Returning Contraband Is “Distribution” — United States v. Pope (3d Cir. 2025)

Date: Oct 16, 2025

Mistaken Drug Identity Does Not Limit Guideline Accountability; Returning Contraband Is “Distribution” Case: United States v. Andrew Pope, No. 24-1989 (3d Cir. Oct. 14, 2025) — Not Precedential...

No Constitutional Limit on Congress’s Venue Choices for High‑Seas Crimes: Third Circuit Upholds MDLEA’s “Any District” Clause and Affirms Denial of Pretrial Venue Hearing

Date: Oct 16, 2025

No Constitutional Limit on Congress’s Venue Choices for High‑Seas Crimes: Third Circuit Upholds MDLEA’s “Any District” Clause and Affirms Denial of Pretrial Venue Hearing Introduction In United...

“Substitution-Only” Means Substitution-Only: Third Circuit Reaffirms Dillon in Amendment 821 Resentencings and Denies Banks-Based and Medical Compassionate Release Relief

Date: Oct 16, 2025

“Substitution-Only” Means Substitution-Only: Third Circuit Reaffirms Dillon in Amendment 821 Resentencings and Denies Banks-Based and Medical Compassionate Release Relief Introduction In United...

Cat’s Paw Liability Cannot Satisfy the Rehabilitation Act’s “Solely by Reason of” Standard: Harmon v. Collier (5th Cir. 2025)

Date: Oct 16, 2025

Cat’s Paw Liability Cannot Satisfy the Rehabilitation Act’s “Solely by Reason of” Standard: Harmon v. Collier (5th Cir. 2025) Introduction In Harmon v. Collier, the Fifth Circuit addressed multiple...

United States v. Arredondo: Live-Streamed Sexual Misconduct Can Justify Pornography and Internet-Use Restrictions and Defeat Acceptance of Responsibility

Date: Oct 16, 2025

United States v. Arredondo: Live-Streamed Sexual Misconduct Can Justify Pornography and Internet-Use Restrictions and Defeat Acceptance of Responsibility Introduction In United States v. Arredondo,...

Post-Morgan in the Fourth Circuit: Active Litigation and Use of Federal Discovery Constitute Waiver of the Right to Arbitrate, Despite “Reservation” Language

Date: Oct 16, 2025

Post-Morgan in the Fourth Circuit: Active Litigation and Use of Federal Discovery Constitute Waiver of the Right to Arbitrate, Despite “Reservation” Language Case: Cheryl Ann Sarver, as Personal...

Publicity, Not Mere Exposure: Fourth Circuit Holds Dark‑Web Listing of Driver’s License Numbers Is a Concrete Injury-in-Fact; Future-Risk and Mitigation-Only Theories Fail

Date: Oct 16, 2025

Publicity, Not Mere Exposure: Fourth Circuit Holds Dark‑Web Listing of Driver’s License Numbers Is a Concrete Injury-in-Fact; Future-Risk and Mitigation-Only Theories Fail Introduction In Christopher...

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