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

Beyond Dollars: Eleventh Circuit Endorses Upward Variances for Cyberfraud Based on Non‑Economic Harms and Extraterritorial Conduct — United States v. Ayeni

Date: Oct 1, 2025

Beyond Dollars: Eleventh Circuit Endorses Upward Variances for Cyberfraud Based on Non‑Economic Harms and Extraterritorial Conduct — United States v. Ayeni Introduction In United States v. Babatunde...

Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Extend the 90-Day Appeal Period from Tax Court Decisions; Actual Receipt of a Deficiency Notice Obviates Proof of Certified Mailing

Date: Oct 1, 2025

Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Extend the 90-Day Appeal Period from Tax Court Decisions; Actual Receipt of a Deficiency Notice Obviates Proof of Certified...

Evans v. State: Georgia Supreme Court Affirms Forfeiture-by-Wrongdoing Based on Prison-Intimidation Evidence and Requires Merger of Assault and Aggravated Battery into Malice Murder

Date: Oct 1, 2025

Evans v. State: Georgia Supreme Court Affirms Forfeiture-by-Wrongdoing Based on Prison-Intimidation Evidence and Requires Merger of Assault and Aggravated Battery into Malice Murder Court: Supreme...

No Executive Exception to Civil Wage Theft Liability Under Labor Law §§ 193 and 198 After the No Wage Theft Loophole Act

Date: Oct 1, 2025

No Executive Exception to Civil Wage Theft Liability Under Labor Law §§ 193 and 198 After the No Wage Theft Loophole Act Patel v. Maybank Kim Eng Securities USA Inc., 2025 NY Slip Op 05194 (1st Dep’t...

Unusual Deference to Mandated Reporters Reaffirmed; Consent-Based Home Body Checks Upheld; Qualified Immunity Shields § 1983 “Malicious Prosecution” Theories Based on Article 10 Petitions — Commentary on Stollman v. Williams (2d Cir. 2025)

Date: Oct 1, 2025

Unusual Deference to Mandated Reporters Reaffirmed; Consent-Based Home Body Checks Upheld; Qualified Immunity Shields § 1983 “Malicious Prosecution” Theories Based on Article 10 Petitions Commentary...

No Second Bite at the Apple under Montana’s MHRA: Exclusive Administrative Pathways, Strict 30/90-Day Deadlines, and Mailing Suffices for Due-Process Notice

Date: Oct 1, 2025

No Second Bite at the Apple under Montana’s MHRA: Exclusive Administrative Pathways, Strict 30/90-Day Deadlines, and Mailing Suffices for Due-Process Notice Note: The Montana Supreme Court designated...

Abandonment Is Fatal: Second Circuit Reaffirms “One Central Reason” Nexus for Withholding and CAT Acquiescence Requirement; Refers Counsel to Grievance Panel (Guerrero-Andachz v. Bondi)

Date: Oct 1, 2025

Abandonment Is Fatal: Second Circuit Reaffirms “One Central Reason” Nexus for Withholding and CAT Acquiescence Requirement; Refers Counsel to Grievance Panel Introduction In Guerrero-Andachz v....

Second Circuit Reinforces Specificity in Software Trade Secrets and Limits NDAs to Information Actually Treated as Confidential — Capricorn Mgmt. Sys., Inc. v. GEICO & CCC (2d Cir. 2025)

Date: Oct 1, 2025

Second Circuit Reinforces Specificity in Software Trade Secrets and Limits NDAs to Information Actually Treated as Confidential — Capricorn Mgmt. Sys., Inc. v. GEICO & CCC (2d Cir. 2025) Court: U.S....

Reverse Adverse Possession of Ditch Easements Requires Uniform, Conspicuous Exclusion; “Prevailing Party” Fees Under § 70‑17‑112, MCA, Turn on Statutory Claims Alone

Date: Oct 1, 2025

Reverse Adverse Possession of Ditch Easements Requires Uniform, Conspicuous Exclusion; “Prevailing Party” Fees Under § 70‑17‑112, MCA, Turn on Statutory Claims Alone Introduction In Apecella v....

Rapid Recidivism After Case Dismissal as Evidence of “No Reasonable Likelihood” — Denial of Improvement Period and Termination Without Less Restrictive Alternatives (In re R.D., P.D., and L.M.)

Date: Oct 1, 2025

Rapid Recidivism After Case Dismissal as Evidence of “No Reasonable Likelihood” — Denial of Improvement Period and Termination Without Less Restrictive Alternatives Commentary on In re R.D., P.D.,...

In re B.N.: Continued-Association Visitation May Be Ordered Without a Grandparent Visitation Act Motion; Non‑Intervenor Grandparents Cannot Challenge Reunification

Date: Oct 1, 2025

In re B.N.: Continued-Association Visitation May Be Ordered Without a Grandparent Visitation Act Motion; Non‑Intervenor Grandparents Cannot Challenge Reunification Introduction In In re B.N., No....

Actual Notice Can Cure Rule 10 Witness-Disclosure Defects; Harmless Error Supports Termination in Abuse-and-Neglect Dispositions—Commentary on In re T.F., F.F., and C.F.

Date: Oct 1, 2025

Actual Notice Can Cure Rule 10 Witness-Disclosure Defects; Harmless Error Supports Termination in Abuse-and-Neglect Dispositions—In re T.F., F.F., and C.F. Introduction In a memorandum decision...

Corporate Venue Statute Applies to LLCs: Alabama Supreme Court Overrules WMS and Aligns LLC Venue with § 6-3-7

Date: Sep 30, 2025

Corporate Venue Statute Applies to LLCs: Alabama Supreme Court Overrules WMS and Aligns LLC Venue with § 6-3-7 Introduction In Ex parte Phillip H. Rivers, Steven Nobles, Todd Martin, Stan Roberts,...

Ex parte Thompson: Post-Deposition Inaction Defeats Relation Back — Due Diligence Requires Timely Discovery and Prompt Substitution Under Rule 9(h)

Date: Sep 30, 2025

Ex parte Thompson: Post-Deposition Inaction Defeats Relation Back — Due Diligence Requires Timely Discovery and Prompt Substitution Under Rule 9(h) Introduction In Ex parte Grisby Jacob Thompson, the...

When a Continuance Extends Rule 59.1: Alabama Supreme Court Requires Continuance Motions and Orders to Appear in the Appellate Record

Date: Sep 30, 2025

When a Continuance Extends Rule 59.1: Alabama Supreme Court Requires Continuance Motions and Orders to Appear in the Appellate Record Introduction In Teresa Williams and Barney’s Childcare and...

No Preservation Bar to “Failure to Charge an Offense” in De Novo Municipal Appeals; Rule 13.2 Supplants Pre‑Rules Ordinance‑Averment Requirements

Date: Sep 30, 2025

No Preservation Bar to “Failure to Charge an Offense” in De Novo Municipal Appeals; Rule 13.2 Supplants Pre‑Rules Ordinance‑Averment Requirements Case: Ex parte John Sandifer; Ex parte Curtis Tanner;...

Breach-of-Trust, Not Double Counting: The Eleventh Circuit affirms consecutive, within-Guidelines revocation sentences despite an upward variance on the new offense (United States v. Foley)

Date: Sep 30, 2025

Breach-of-Trust, Not Double Counting: The Eleventh Circuit affirms consecutive, within-Guidelines revocation sentences despite an upward variance on the new offense Introduction In United States v....

No Interlocutory Appeal of Qualified Immunity Denials When Genuine Fact Disputes Persist: Cornelius v. Luna (2d Cir. 2025)

Date: Sep 30, 2025

No Interlocutory Appeal of Qualified Immunity Denials When Genuine Fact Disputes Persist: Cornelius v. Luna (2d Cir. 2025) Court: U.S. Court of Appeals for the Second Circuit (Summary Order,...

Posthumous Vacatur of 2005 Registration Suspensions: Ohio Supreme Court Clarifies that Attorney Registration Sanctions Do Not Survive a Lawyer’s Death

Date: Sep 30, 2025

Posthumous Vacatur of 2005 Registration Suspensions: Ohio Supreme Court Clarifies that Attorney Registration Sanctions Do Not Survive a Lawyer’s Death Introduction In an Administrative Actions entry...

Harmless Error Permits Reliance on a Dismissed Co‑Defendant’s Expert Disclosure: Seventh Circuit Affirms Summary Judgment Where Opponent Had Notice and Opportunity to Respond

Date: Sep 30, 2025

Harmless Error Permits Reliance on a Dismissed Co‑Defendant’s Expert Disclosure Seventh Circuit Affirms Summary Judgment Where Opponent Had Notice and Opportunity to Respond Introduction In a...

Previous Next

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

We use cookies to improve your experience