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

Removal Waives Eleventh Amendment Immunity, Not General Sovereign Immunity; Equal Protection § 1983 Claims Require Specific Comparators and Impermissible Motive — Commentary on Bell v. University of the State of N.Y. (2d Cir. 2025)

Removal Waives Eleventh Amendment Immunity, Not General Sovereign Immunity; Equal Protection § 1983 Claims Require Specific Comparators and Impermissible Motive — Commentary on Bell v. University of the State of N.Y. (2d Cir. 2025)

Date: Oct 18, 2025
Removal Waives Eleventh Amendment Immunity, Not General Sovereign Immunity; Equal Protection § 1983 Claims Require Specific Comparators and Impermissible Motive Case: Bell v. University of the State...
“Notice + Barricades” Suffice: Second Circuit Affirms No Jones Act Negligence or Unseaworthiness for a Temporarily Open Hatch, and Rejects Case-Dispositive Spoliation Sanctions

“Notice + Barricades” Suffice: Second Circuit Affirms No Jones Act Negligence or Unseaworthiness for a Temporarily Open Hatch, and Rejects Case-Dispositive Spoliation Sanctions

Date: Oct 18, 2025
“Notice + Barricades” Suffice: Second Circuit Affirms No Jones Act Negligence or Unseaworthiness for a Temporarily Open Hatch, and Rejects Case-Dispositive Spoliation Sanctions Court: U.S. Court of...
Second Circuit Reaffirms Three-Year Limitations and Narrow Continuing-Violation Doctrine for Title IX Claims; Upholds Early Conversion to Summary Judgment in Pund v. St. Francis College

Second Circuit Reaffirms Three-Year Limitations and Narrow Continuing-Violation Doctrine for Title IX Claims; Upholds Early Conversion to Summary Judgment in Pund v. St. Francis College

Date: Oct 18, 2025
Second Circuit Reaffirms Three-Year Limitations and Narrow Continuing-Violation Doctrine for Title IX Claims; Upholds Early Conversion to Summary Judgment in Pund v. St. Francis College Court: U.S....
No Habeas-by-Compassionate-Release: Second Circuit Affirms Denial Based on § 3553(a) and Individualized Circumstances in United States v. Andrews

No Habeas-by-Compassionate-Release: Second Circuit Affirms Denial Based on § 3553(a) and Individualized Circumstances in United States v. Andrews

Date: Oct 18, 2025
No Habeas-by-Compassionate-Release: Second Circuit Affirms Denial Based on § 3553(a) and Individualized Circumstances in United States v. Andrews Court: U.S. Court of Appeals for the Second Circuit...
Reliable Hearsay and Foreign Seizure Evidence Are Sufficient To Support a 450-Kilogram Drug-Quantity Finding at Sentencing

Reliable Hearsay and Foreign Seizure Evidence Are Sufficient To Support a 450-Kilogram Drug-Quantity Finding at Sentencing

Date: Oct 18, 2025
Reliable Hearsay and Foreign Seizure Evidence Are Sufficient To Support a 450-Kilogram Drug-Quantity Finding at Sentencing Introduction In United States v. Francisco Javier Montano-Ortiz, the...
Clarifying MDLEA Statelessness: “Captain” Inquiry Plus Opportunity to Claim Nationality Suffices; EEZ Counts as “High Seas” Under the Felonies Clause

Clarifying MDLEA Statelessness: “Captain” Inquiry Plus Opportunity to Claim Nationality Suffices; EEZ Counts as “High Seas” Under the Felonies Clause

Date: Oct 18, 2025
Clarifying MDLEA Statelessness: “Captain” Inquiry Plus Opportunity to Claim Nationality Suffices; EEZ Counts as “High Seas” Under the Felonies Clause Introduction This consolidated, unpublished...
Asking “Captain” Is Enough: EEZ-as-High-Seas and Proof of Statelessness under the MDLEA in United States v. Guerrero‑Rosario

Asking “Captain” Is Enough: EEZ-as-High-Seas and Proof of Statelessness under the MDLEA in United States v. Guerrero‑Rosario

Date: Oct 18, 2025
Asking “Captain” Is Enough: EEZ-as-High-Seas and Proof of Statelessness under the MDLEA in United States v. Guerrero‑Rosario Court: U.S. Court of Appeals for the Eleventh Circuit (Non-Argument...
Particularity Requires Internal Discreteness, Not Mere Descriptive Clarity: Sixth Circuit Rejects “Gender-Plus-One” PSGs and Holds “Honduran Women” Incognizable

Particularity Requires Internal Discreteness, Not Mere Descriptive Clarity: Sixth Circuit Rejects “Gender-Plus-One” PSGs and Holds “Honduran Women” Incognizable

Date: Oct 18, 2025
Particularity Requires Internal Discreteness, Not Mere Descriptive Clarity: Sixth Circuit Rejects “Gender-Plus-One” PSGs and Holds “Honduran Women” Incognizable Court: U.S. Court of Appeals for the...
Dangerous-and-Unusual Doctrine Controls: Sixth Circuit Upholds NFA Registration for Short-Barreled Shotguns and Reaffirms § 922(g)(1) for “Dangerous” Felons

Dangerous-and-Unusual Doctrine Controls: Sixth Circuit Upholds NFA Registration for Short-Barreled Shotguns and Reaffirms § 922(g)(1) for “Dangerous” Felons

Date: Oct 18, 2025
Dangerous-and-Unusual Doctrine Controls: Sixth Circuit Upholds NFA Registration for Short-Barreled Shotguns and Reaffirms § 922(g)(1) for “Dangerous” Felons Case: United States v. Dalton Samuel...
“Reason to Believe” Means a Probable-Cause “Fair Probability”: Sixth Circuit Upholds §2K2.1 Firearms-Trafficking Enhancement for Undercover Sales and Rejects Double Counting

“Reason to Believe” Means a Probable-Cause “Fair Probability”: Sixth Circuit Upholds §2K2.1 Firearms-Trafficking Enhancement for Undercover Sales and Rejects Double Counting

Date: Oct 18, 2025
“Reason to Believe” Means a Probable-Cause “Fair Probability”: Sixth Circuit Upholds §2K2.1 Firearms-Trafficking Enhancement for Undercover Sales and Rejects Double Counting Introduction In United...
Ohio Aggravated Robbery by Theft (§ 2911.01(A)(1) + § 2913.02) Categorically Matches Guidelines “Extortion,” and Therefore Is a Crime of Violence

Ohio Aggravated Robbery by Theft (§ 2911.01(A)(1) + § 2913.02) Categorically Matches Guidelines “Extortion,” and Therefore Is a Crime of Violence

Date: Oct 18, 2025
Ohio Aggravated Robbery by Theft (§ 2911.01(A)(1) + § 2913.02) Categorically Matches Guidelines “Extortion,” and Therefore Is a Crime of Violence Introduction In United States v. Kenneth Evans, the...
Egregious Firearm Use and Combined Permanent–Life-Threatening Injury Take § 924(c) Cases Outside the Guidelines Heartland, Justifying Major Upward Variances

Egregious Firearm Use and Combined Permanent–Life-Threatening Injury Take § 924(c) Cases Outside the Guidelines Heartland, Justifying Major Upward Variances

Date: Oct 18, 2025
Egregious Firearm Use and Combined Permanent–Life-Threatening Injury Take § 924(c) Cases Outside the Guidelines Heartland, Justifying Major Upward Variances Introduction This commentary analyzes the...
United States v. Bycroft: Tenth Circuit Requires On-the-Record, Defendant-Specific §3583(d) Findings for Lifetime Internet Bans; Generic §3553(a) Recitations Are Insufficient

United States v. Bycroft: Tenth Circuit Requires On-the-Record, Defendant-Specific §3583(d) Findings for Lifetime Internet Bans; Generic §3553(a) Recitations Are Insufficient

Date: Oct 18, 2025
United States v. Bycroft: Tenth Circuit Requires On-the-Record, Defendant-Specific §3583(d) Findings for Lifetime Internet Bans; Generic §3553(a) Recitations Are Insufficient Introduction In United...
Scantland, Not Aimable, Governs FLSA Employee Status in the Eleventh Circuit: Scheduling Control, Nonnegotiable Day Rates, and Employer-Provided Systems Support Employee Classification

Scantland, Not Aimable, Governs FLSA Employee Status in the Eleventh Circuit: Scheduling Control, Nonnegotiable Day Rates, and Employer-Provided Systems Support Employee Classification

Date: Oct 18, 2025
Scantland, Not Aimable, Governs FLSA Employee Status in the Eleventh Circuit: Scheduling Control, Nonnegotiable Day Rates, and Employer-Provided Systems Support Employee Classification Case: Joel...
Opening the Door Is Not Consent: Eleventh Circuit Denies Qualified Immunity for Warrantless Entry and Subsumes Derivative Seizure/Excessive-Force Claims

Opening the Door Is Not Consent: Eleventh Circuit Denies Qualified Immunity for Warrantless Entry and Subsumes Derivative Seizure/Excessive-Force Claims

Date: Oct 18, 2025
Opening the Door Is Not Consent: Eleventh Circuit Denies Qualified Immunity for Warrantless Entry and Subsumes Derivative Seizure/Excessive-Force Claims Case: Terry Dukes, Sr. v. Chase Gregory Court:...
Dusky, Not “Decisional Competency,” Controls; Misallocation of the § 4241 Burden Is Harmless Absent Evidentiary Equipoise

Dusky, Not “Decisional Competency,” Controls; Misallocation of the § 4241 Burden Is Harmless Absent Evidentiary Equipoise

Date: Oct 18, 2025
Dusky, Not “Decisional Competency,” Controls; Misallocation of the § 4241 Burden Is Harmless Absent Evidentiary Equipoise Introduction In United States v. Steven Michael Marks, the Eleventh Circuit...
Assignees Must Prove Assignors’ Diversity or Non‑Collusive Purpose: First Circuit Orders Dismissal When Section 1359 Inquiry Fails

Assignees Must Prove Assignors’ Diversity or Non‑Collusive Purpose: First Circuit Orders Dismissal When Section 1359 Inquiry Fails

Date: Oct 18, 2025
Assignees Must Prove Assignors’ Diversity or Non‑Collusive Purpose: First Circuit Orders Dismissal When Section 1359 Inquiry Fails Case: Gore and Associates Management Co., Inc. v. SLSCO Ltd. and...
Sewage Disposal Is an Essential Service for Tenant-Owned RV Spaces; Tenant Sanitation Duties Are Independent of Landlord Habitability Compliance

Sewage Disposal Is an Essential Service for Tenant-Owned RV Spaces; Tenant Sanitation Duties Are Independent of Landlord Habitability Compliance

Date: Oct 18, 2025
Sewage Disposal Is an Essential Service for Tenant-Owned RV Spaces; Tenant Sanitation Duties Are Independent of Landlord Habitability Compliance Introduction In Jared v. Harmon, 374 Or 381 (2025),...
Legislative Immunity Covers Local Member Discipline, But Not Gratuitous Third‑Party Defamation: Commentary on Brooks‑Buck v. Wahlstrom

Legislative Immunity Covers Local Member Discipline, But Not Gratuitous Third‑Party Defamation: Commentary on Brooks‑Buck v. Wahlstrom

Date: Oct 18, 2025
Legislative Immunity Covers Local Member Discipline, But Not Gratuitous Third‑Party Defamation: Brooks‑Buck v. Wahlstrom Court: Supreme Court of Virginia Date: October 16, 2025 Author: Justice Teresa...
Candor Requires Full Disclosure in Guardianship Petitions: Agreed “Good Faith” Orders Do Not Shield Attorneys from Discipline — Commentary on Pollack v. Virginia State Bar (Va. Oct. 16, 2025)

Candor Requires Full Disclosure in Guardianship Petitions: Agreed “Good Faith” Orders Do Not Shield Attorneys from Discipline — Commentary on Pollack v. Virginia State Bar (Va. Oct. 16, 2025)

Date: Oct 18, 2025
Candor Requires Full Disclosure in Guardianship Petitions: Agreed “Good Faith” Orders Do Not Shield Attorneys from Discipline Introduction This commentary analyzes the Supreme Court of Virginia’s...
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