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

Plain Meaning over Liberal Construction: Tennessee Supreme Court Defines “Unexpected” in Municipal PTSD Pension Policies and Clarifies UAPA Review of Non‑Contested Civil Service Decisions

Date: Oct 16, 2025

Plain Meaning over Liberal Construction: “Unexpected” Means Not Anticipated Within the Normal Course of Duties; UAPA Judicial Review Applies Even When the Administrative Hearing Is Not a Contested...

People v. James: In Bench Trials, Improper 404(b) Other‑Acts Evidence Is Not Harmless When the Factfinder Relies on It to Resolve a One‑on‑One Credibility Contest

Date: Oct 16, 2025

People v. James: In Bench Trials, Improper 404(b) Other‑Acts Evidence Is Not Harmless When the Factfinder Relies on It to Resolve a One‑on‑One Credibility Contest Court: Supreme Court of Michigan...

Relabeling Benefits as “Equity” Won’t Save a § 502(a)(3) Claim; § 105(a) Statements Need Not Include Vesting Date for Terminated Participants

Date: Oct 16, 2025

Relabeling Benefits as “Equity” Won’t Save a § 502(a)(3) Claim; § 105(a) Statements Need Not Include Vesting Date for Terminated Participants Court: United States Court of Appeals for the Third...

Adequacy of Foreign Forums After OSR v. REE: Uncertainty Over Extraterritorial Injunctions and Witness Self‑Incrimination Does Not Defeat Forum Non Conveniens

Date: Oct 16, 2025

Adequacy of Foreign Forums After OSR v. REE: Uncertainty Over Extraterritorial Injunctions and Witness Self‑Incrimination Does Not Defeat Forum Non Conveniens Introduction This commentary analyzes...

Tenth Circuit clarifies: No immediate appeal from a magistrate judge’s denial of IFP service pending § 1915(e)(2) screening; collateral-order, § 1292, and access-to-courts theories rejected

Date: Oct 16, 2025

Tenth Circuit clarifies: No immediate appeal from a magistrate judge’s denial of IFP service pending § 1915(e)(2) screening; collateral-order, § 1292, and access-to-courts theories rejected...

Drug Identity Is Not an Element of N.J. Stat. § 2C:35-5(b)(1): Second Circuit Bars the Modified Categorical Approach in Aggravated-Felony Removal

Date: Oct 16, 2025

Drug Identity Is Not an Element of N.J. Stat. § 2C:35-5(b)(1): Second Circuit Bars the Modified Categorical Approach in Aggravated-Felony Removal Case: Amaro Luna v. Bondi, No. 22-6399 (2d Cir. Oct....

Harmless-Error Controls § 1324 “Reckless Disregard” Instruction Disputes: United States v. Adames-Ramos (2d Cir. 2025)

Date: Oct 16, 2025

Harmless-Error Controls § 1324 “Reckless Disregard” Instruction Disputes: United States v. Adames-Ramos (2d Cir. 2025) Note: This is a Second Circuit Summary Order. Under FRAP 32.1 and Local Rule...

Eleventh Circuit Clarifies § 1927 Sanctions: Fees Must Be Tied to Excess Proceedings Caused by Bad-Faith Discovery Conduct—not Pleading Defects

Date: Oct 16, 2025

Eleventh Circuit Clarifies § 1927 Sanctions: Fees Must Be Tied to Excess Proceedings Caused by Bad-Faith Discovery Conduct—not Pleading Defects Introduction This commentary analyzes the Eleventh...

Conflicts Are Not Misappropriation: Eleventh Circuit Limits “Relate-To” Exclusions and Cabins Deemer Clauses to First‑Made Timing, Holding Duty to Defend Exists and Indemnity Is Unripe (Georgia Law)

Date: Oct 16, 2025

Conflicts Are Not Misappropriation: Eleventh Circuit Limits “Relate-To” Exclusions and Cabins Deemer Clauses to First‑Made Timing, Holding Duty to Defend Exists and Indemnity Is Unripe (Georgia Law)...

No Claim-Splitting Without Jurisdiction; One Nondiverse LLC Member Defeats Diversity — Eleventh Circuit’s Guidance in Sound Around, Inc. v. O’Donnell

Date: Oct 16, 2025

No Claim-Splitting Without Jurisdiction; One Nondiverse LLC Member Defeats Diversity — Eleventh Circuit’s Guidance in Sound Around, Inc. v. O’Donnell Introduction In these consolidated, unpublished,...

Claim-Splitting Cannot Bar a Second Suit When the First Lacked Jurisdiction; One Non‑Diverse LLC Member Ends Diversity on Limited Remand

Date: Oct 16, 2025

Claim-Splitting Cannot Bar a Second Suit When the First Lacked Jurisdiction; One Non‑Diverse LLC Member Ends Diversity on Limited Remand Introduction In a per curiam, unpublished opinion dated...

Directness Rules the Day: Sixth Circuit Extends Illinois Brick to Indirect Sellers and Recasts Antitrust Standing as Antitrust Injury Plus Proximate Cause

Date: Oct 16, 2025

Directness Rules the Day: Sixth Circuit Extends Illinois Brick to Indirect Sellers and Recasts Antitrust Standing as Antitrust Injury Plus Proximate Cause Case: Academy of Allergy & Asthma in Primary...

No Clearly Established Bystander Liability for Backup Officers in DUI Arrests: Sixth Circuit Clarifies Prolonged-Stop, HGN, and Curtilage Rules

Date: Oct 16, 2025

No Clearly Established Bystander Liability for Backup Officers in DUI Arrests: Sixth Circuit Clarifies Prolonged-Stop, HGN, and Curtilage Rules Introduction In Amanda Caton v. Jacob Salamon, No....

Sixth Circuit Clarifies Liberty-Deprivation for Fourth Amendment Malicious Prosecution: No Pretrial Restraints, No Seizure; Police Press Releases That Mirror Charging Documents Are Absolutely Privileged Under Kentucky Law

Date: Oct 16, 2025

Sixth Circuit Clarifies Liberty-Deprivation for Fourth Amendment Malicious Prosecution: No Pretrial Restraints, No Seizure; Police Press Releases That Mirror Charging Documents Are Absolutely...

Dangerousness, Not Disability: Sixth Circuit Reaffirms Williams—Felon-in-Possession Ban Constitutional As Applied Despite Paraplegia; No Remand Needed; Modest Upward Variance Upheld

Date: Oct 16, 2025

Dangerousness, Not Disability: Sixth Circuit Reaffirms Williams—Felon-in-Possession Ban Constitutional As Applied Despite Paraplegia; No Remand Needed; Modest Upward Variance Upheld Introduction In...

Sixth Circuit (Unpublished) Clarifies “Same Course of Conduct” for §1B1.3: Post-Indictment Drug-and-Gun Incident Nine Months Later Counts Toward §2K2.1(b)(1)(A) Firearms Enhancement

Date: Oct 16, 2025

Sixth Circuit (Unpublished) Clarifies “Same Course of Conduct” for §1B1.3: Post-Indictment Drug-and-Gun Incident Nine Months Later Counts Toward §2K2.1(b)(1)(A) Firearms Enhancement Introduction In...

Sixth Circuit Reaffirms Broad Discretion to Upwardly Vary Based on Criminal History and Risk-Enhancing Conduct: United States v. Simmons

Date: Oct 16, 2025

Reaffirmed Principle: District Courts May Heavily Weight Criminal History and Public-Safety Risks to Justify Above-Guidelines Sentences Introduction In United States v. Jemar Jeresse Simmons, the...

Circumstantial Proof of Predominant Profit Intent and Repetitiveness Suffices to Uphold Unlicensed Firearms-Dealing Conviction under § 922(a)(1)(A)

Date: Oct 16, 2025

Circumstantial Proof of Predominant Profit Intent and Repetitiveness Suffices to Uphold Unlicensed Firearms-Dealing Conviction under § 922(a)(1)(A) Introduction In United States v. Omar Shorter, Jr.,...

No Double Jeopardy in Denying Safety-Valve Relief When the Same Firearm Supports a § 924(c) Conviction: United States v. Dorelus (11th Cir. 2025)

Date: Oct 16, 2025

No Double Jeopardy in Denying Safety-Valve Relief When the Same Firearm Supports a § 924(c) Conviction: United States v. Dorelus (11th Cir. 2025) Introduction In a published, per curiam decision, the...

Issue Preclusion and Failure to Mitigate Foreclose Contract Damages After Attorney Withdrawal for Nonpayment

Date: Oct 16, 2025

Issue Preclusion and Failure to Mitigate Foreclose Contract Damages After Attorney Withdrawal for Nonpayment Case: Barbara Simonson v. Thomas M. Olejniczak, et al., No. 25-1417 (7th Cir. Oct. 10,...

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