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

Good‑Faith Misinterpretation of Unsettled State Law Does Not Trigger § 1983 Liability: Fourth Circuit in Swart v. Miyares Channels Overdetention Claims to the Fourteenth Amendment

Date: Oct 17, 2025

Good‑Faith Misinterpretation of Unsettled State Law Does Not Trigger § 1983 Liability: Fourth Circuit in Swart v. Miyares Channels Overdetention Claims to the Fourteenth Amendment Introduction In...

Victim Identification Plus Corroborating Circumstances Suffice for Probable Cause; Unknown Omissions Do Not Vitiate Warrants — The Fourth Circuit’s Clarification in Moretti v. Thorsdottir

Date: Oct 17, 2025

Victim Identification Plus Corroborating Circumstances Suffice for Probable Cause; Unknown Omissions Do Not Vitiate Warrants — The Fourth Circuit’s Clarification in Moretti v. Thorsdottir...

Forfeiture of Unraised Rule 11 Challenges and Harmless-Error Review for Plea Colloquy Omissions: United States v. Robert Smith, Jr. (4th Cir. 2025)

Date: Oct 17, 2025

Forfeiture of Unraised Rule 11 Challenges and Harmless-Error Review for Plea Colloquy Omissions: United States v. Robert Smith, Jr. (4th Cir. 2025) Introduction In United States v. Robert Smith, Jr.,...

When the BIA Misapplies Clear-Error Review, the Tenth Circuit May Reinstate an IJ’s Asylum Grant Without Remand

Date: Oct 17, 2025

When the BIA Misapplies Clear-Error Review, the Tenth Circuit May Reinstate an IJ’s Asylum Grant Without Remand Introduction In Ramos v. Bondi, the Tenth Circuit issued a precedential opinion that...

Futility Trumps the Ordinary-Remand Rule: Tenth Circuit Polices BIA’s Clear-Error Review and Orders Reinstatement of Asylum

Date: Oct 17, 2025

Futility Trumps the Ordinary-Remand Rule: Tenth Circuit Polices BIA’s Clear-Error Review and Orders Reinstatement of Asylum Introduction Ramos v. Bondi is a published decision of the U.S. Court of...

No Appeal, No Exhaustion: The Tenth Circuit Confirms Postage Receipts Don’t Prove PLRA Exhaustion in Wiggins v. Hatch

Date: Oct 17, 2025

No Appeal, No Exhaustion: The Tenth Circuit Confirms Postage Receipts Don’t Prove PLRA Exhaustion in Wiggins v. Hatch Introduction In Wiggins v. Hatch, Nos. 24-2159 & 24-2160 (10th Cir. Oct. 15,...

Wiggins v. Hatch: Proof of PLRA Exhaustion Requires Documented Grievance Appeals—Generic Postage Charges Are Insufficient

Date: Oct 17, 2025

Wiggins v. Hatch: Proof of PLRA Exhaustion Requires Documented Grievance Appeals—Generic Postage Charges Are Insufficient Introduction In Wiggins v. Hatch, the Tenth Circuit affirmed a district...

Ohio Supreme Court Caps Clerk Technology Fee at $1 Total Per Service for “Complete Record” Charges, Not Per Page

Date: Oct 17, 2025

Ohio Supreme Court Caps Clerk Technology Fee at $1 Total Per Service for “Complete Record” Charges, Not Per Page Case: State ex rel. Gault v. Medina County Court of Common Pleas Clerk, Slip Opinion...

Timeliness Is for the Arbitrator: Ohio Supreme Court Bars Employer Self‑Help on Arbitration Deadlines and Requires SERB to Explain ULP Dismissals

Date: Oct 17, 2025

Timeliness Is for the Arbitrator: Ohio Supreme Court Bars Employer Self‑Help on Arbitration Deadlines and Requires SERB to Explain ULP Dismissals Introduction In State ex rel. Staple v. State...

Privilege Follows the Reporting: Montana High Court Holds Place of Newsgathering Governs Media-Subpoena Privileges

Date: Oct 17, 2025

Privilege Follows the Reporting: Montana High Court Holds Place of Newsgathering Governs Media-Subpoena Privileges Introduction In EQT CHAP LLC v. Environmental Health Sciences, 2025 MT 237, the...

Interpreter Ambiguity, Written Translations, and Anders/Rule 26(c) Review Clarified: Muniz‑Rodriguez v. State

Date: Oct 17, 2025

Interpreter Ambiguity, Written Translations, and Anders/Rule 26(c) Review Clarified: Muniz‑Rodriguez v. State Introduction In Muniz‑Rodriguez v. State, No. 120, 2025 (Del. Oct. 14, 2025), the...

Disqualifying Faction Counsel from Representing the Entity in Control Disputes; Injunction Undertakings Must Be Tied to Non‑Speculative Damages

Date: Oct 17, 2025

Disqualifying Faction Counsel from Representing the Entity in Control Disputes; Injunction Undertakings Must Be Tied to Non‑Speculative Damages Introduction In Congregation Erech Shai Bais Yosef,...

Second Department Confirms Retroactive Reach of FAPA: Voluntary Discontinuance Cannot De‑Accelerate or Reset the Mortgage Foreclosure Limitations Period

Date: Oct 17, 2025

Second Department Confirms Retroactive Reach of FAPA: Voluntary Discontinuance Cannot De‑Accelerate or Reset the Mortgage Foreclosure Limitations Period Introduction In GITSIT Solutions, LLC v....

CVA Revival Upheld; Negligent Supervision and IIED Claims Against Institutions May Proceed While Vicarious Liability for Sexual Assault Is Dismissed: Georgiou v. St. Irene Monastery

Date: Oct 17, 2025

CVA Revival Upheld; Negligent Supervision and IIED Claims Against Institutions May Proceed While Vicarious Liability for Sexual Assault Is Dismissed: Georgiou v. St. Irene Monastery Introduction In...

Forbearance of Divorce as Valid Consideration, Yet Oral Promises to Convey Realty Remain Unenforceable Against Subsequent Purchasers Absent Writing or “Unequivocally Referable” Part Performance — Makransky v. Makransky (2d Dep’t 2025)

Date: Oct 17, 2025

Forbearance of Divorce as Valid Consideration, Yet Oral Promises to Convey Realty Remain Unenforceable Against Subsequent Purchasers Absent Writing or “Unequivocally Referable” Part Performance —...

Firmly Affixed Allonges and First‑Hand Mailing Proof as Nonnegotiable Conditions Precedent in New York Foreclosures: Onewest Bank FSB v. Thomas

Date: Oct 17, 2025

Firmly Affixed Allonges and First‑Hand Mailing Proof as Nonnegotiable Conditions Precedent in New York Foreclosures: Onewest Bank FSB v. Thomas Introduction In Onewest Bank FSB v. Thomas, 2025 NY...

Canon 3(C) Clarified: No Misconduct Where a Judge Promptly Invokes Article 154’s Ad Hoc Recusal Procedure; Thirty‑Day Suspension for Injudicious Demeanor

Date: Oct 17, 2025

Canon 3(C) Clarified: No Misconduct Where a Judge Promptly Invokes Article 154’s Ad Hoc Recusal Procedure; Thirty‑Day Suspension for Injudicious Demeanor Introduction The Supreme Court of Louisiana’s...

Per-Unit Statute of Repose Under OCGA § 51-1-11(b)(2): Georgia Supreme Court Holds Repose Runs From the First Sale of Each Unit, Not From a Plaintiff’s Earliest Purchase

Date: Oct 17, 2025

Per-Unit Statute of Repose Under OCGA § 51-1-11(b)(2): Georgia Supreme Court Holds Repose Runs From the First Sale of Each Unit, Not From a Plaintiff’s Earliest Purchase Introduction In Burroughs v....

Georgia Supreme Court Bars Use of Arrest Warrants and Indictments for Impeachment Under OCGA § 24-6-609; Ineffective-Assistance Claims Fail Absent Prejudice — Commentary on Copney v. State (Ga. 2025)

Date: Oct 17, 2025

Georgia Supreme Court Bars Use of Arrest Warrants and Indictments for Impeachment Under OCGA § 24-6-609; Ineffective-Assistance Claims Fail Absent Prejudice Introduction In Copney v. State, S25A0877...

Stormwater Utility Charges Are Fees, Not Taxes: Georgia Supreme Court Reaffirms Homewood I and Clarifies Takings Doctrine After Sheetz

Date: Oct 17, 2025

Stormwater Utility Charges Are Fees, Not Taxes: Georgia Supreme Court Reaffirms Homewood I and Clarifies Takings Doctrine After Sheetz Introduction In Homewood Associates, Inc. et al. v. Unified...

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