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defining-direct-and-derivative-claims:-delaware& Case Commentaries

Slater v. Ichtertz: Res Ipsa Loquitur Permitted for Intraoperative Nerve Injury; No “Tensile‑Strength” Prerequisite for Med‑Mal Expert Opinions

Slater v. Ichtertz: Res Ipsa Loquitur Permitted for Intraoperative Nerve Injury; No “Tensile‑Strength” Prerequisite for Med‑Mal Expert Opinions

Date: Oct 25, 2025
Res Ipsa Loquitur Permitted for Intraoperative Nerve Injury; No “Tensile‑Strength” Prerequisite for Med‑Mal Expert Opinions Case: Slater v. Ichtertz, 320 Neb. 159 (Neb. Oct. 24, 2025) Court: Supreme...
No Per Se Office Disqualification When Prosecutor’s Relative Is a DHHS Witness: Conflicts Are Personal Under § 23-1205

No Per Se Office Disqualification When Prosecutor’s Relative Is a DHHS Witness: Conflicts Are Personal Under § 23-1205

Date: Oct 25, 2025
No Per Se Office Disqualification When Prosecutor’s Relative Is a DHHS Witness: Conflicts Are Personal Under § 23-1205 Introduction In State ex rel. Condon v. Braaten, 320 Neb. 214 (Neb. Oct. 24,...
No Presumption of Credit for Time Under Temporary Suspension: Nebraska Supreme Court Disbars Elected County Attorney for Misuse of Office and Repeated DUIs

No Presumption of Credit for Time Under Temporary Suspension: Nebraska Supreme Court Disbars Elected County Attorney for Misuse of Office and Repeated DUIs

Date: Oct 25, 2025
No Presumption of Credit for Time Under Temporary Suspension: Nebraska Supreme Court Disbars Elected County Attorney for Misuse of Office and Repeated DUIs Introduction In State ex rel. Counsel for...
Illinois Supreme Court Clarifies: A Certificate of Innocence Requires Proving Innocence of Every Offense Charged—Including Nol-Prossed Counts from Plea Deals

Illinois Supreme Court Clarifies: A Certificate of Innocence Requires Proving Innocence of Every Offense Charged—Including Nol-Prossed Counts from Plea Deals

Date: Oct 25, 2025
Certificates of Innocence Now Require Proof of Innocence of Every Offense Charged—even Nol-Prossed Counts Executive Summary In People v. Reed, 2025 IL 130595 (Ill. Oct. 23, 2025), the Illinois...
No APA Deference for OPA Liability; Third-Party Admiralty Claims Trigger § 1292(a)(3): The First Circuit’s Framework in United States v. Ernst Jacob GmbH & Co. KG

No APA Deference for OPA Liability; Third-Party Admiralty Claims Trigger § 1292(a)(3): The First Circuit’s Framework in United States v. Ernst Jacob GmbH & Co. KG

Date: Oct 25, 2025
No APA Deference for OPA Liability; Third-Party Admiralty Claims Trigger § 1292(a)(3): The First Circuit’s Framework in United States v. Ernst Jacob GmbH & Co. KG Court: United States Court of...
Superadded Psychological Torment Counts: Justice Sotomayor’s Dissent in Boyd v. Hamm and the Future of Nitrogen Hypoxia Under the Eighth Amendment

Superadded Psychological Torment Counts: Justice Sotomayor’s Dissent in Boyd v. Hamm and the Future of Nitrogen Hypoxia Under the Eighth Amendment

Date: Oct 25, 2025
Superadded Psychological Torment Counts: Justice Sotomayor’s Dissent in Boyd v. Hamm and the Future of Nitrogen Hypoxia Under the Eighth Amendment Case: Boyd v. Hamm, 607 U.S. ___ (2025), No. 25A457...
Harmless Overstatement of Supervised Release and Enforcement of Appeal Waivers in Anders Proceedings: United States v. Domingo Francisco‑Juan (7th Cir. 2025)

Harmless Overstatement of Supervised Release and Enforcement of Appeal Waivers in Anders Proceedings: United States v. Domingo Francisco‑Juan (7th Cir. 2025)

Date: Oct 25, 2025
Harmless Overstatement of Supervised Release and Enforcement of Appeal Waivers in Anders Proceedings: United States v. Domingo Francisco‑Juan (7th Cir. 2025) Introduction In United States v. Domingo...
Concurrent Supervised Release Terms and Harmless Rule 11 Misadvisement in an Anders Appeal

Concurrent Supervised Release Terms and Harmless Rule 11 Misadvisement in an Anders Appeal

Date: Oct 25, 2025
Concurrent Supervised Release Terms and Harmless Rule 11 Misadvisement in an Anders Appeal Introduction In United States v. Domingo Francisco-Juan (Nos. 24-1594 & 24-1595), the United States Court of...
Minimal Inference Reaffirmed: Coworker Allegations and Facially Neutral Acts May Form the “Mosaic” Supporting Title VII/NYSHRL Pleadings

Minimal Inference Reaffirmed: Coworker Allegations and Facially Neutral Acts May Form the “Mosaic” Supporting Title VII/NYSHRL Pleadings

Date: Oct 25, 2025
Minimal Inference Reaffirmed: Coworker Allegations and Facially Neutral Acts May Form the “Mosaic” Supporting Title VII/NYSHRL Pleadings Case: Brown v. Montefiore Health System, Inc., No. 24-3078-cv...
“Something More” Still Means More: Second Circuit Reaffirms Narrow Defamation Jurisdiction Under CPLR 302(a)(1) and Rejects Property-Based Hook Under 302(a)(4) for Third-Party USPS “Known Office of Publication”

“Something More” Still Means More: Second Circuit Reaffirms Narrow Defamation Jurisdiction Under CPLR 302(a)(1) and Rejects Property-Based Hook Under 302(a)(4) for Third-Party USPS “Known Office of Publication”

Date: Oct 25, 2025
“Something More” Still Means More: Second Circuit Reaffirms Narrow Defamation Jurisdiction Under CPLR 302(a)(1) and Rejects Property-Based Hook Under 302(a)(4) for Third-Party USPS “Known Office of...
“Outside the Heartland” in §924(c) Sentencing: Second Circuit Affirms Significant Upward Variances When Firearm Use Results in Homicide

“Outside the Heartland” in §924(c) Sentencing: Second Circuit Affirms Significant Upward Variances When Firearm Use Results in Homicide

Date: Oct 25, 2025
“Outside the Heartland” in §924(c) Sentencing: Second Circuit Affirms Significant Upward Variances When Firearm Use Results in Homicide Introduction In United States v. Ben-Jochannan (consolidated...
Harmless Guidelines Error under a Rule 11(c)(1)(C) Plea and “Self‑Evident” Justification for Alcohol‑Abstinence Conditions: United States v. Goins (2d Cir. 2025)

Harmless Guidelines Error under a Rule 11(c)(1)(C) Plea and “Self‑Evident” Justification for Alcohol‑Abstinence Conditions: United States v. Goins (2d Cir. 2025)

Date: Oct 25, 2025
Harmless Guidelines Error under a Rule 11(c)(1)(C) Plea and “Self‑Evident” Justification for Alcohol‑Abstinence Conditions: United States v. Goins (2d Cir. 2025) Note on precedential status: This is...
Second Circuit Narrows “Misappropriation” Exclusion: Client‑Authorized Fund Transfers Do Not Defeat Duty to Defend Under New York Law

Second Circuit Narrows “Misappropriation” Exclusion: Client‑Authorized Fund Transfers Do Not Defeat Duty to Defend Under New York Law

Date: Oct 25, 2025
Second Circuit Narrows “Misappropriation” Exclusion: Client‑Authorized Fund Transfers Do Not Defeat Duty to Defend Under New York Law Introduction In Marcus & Cinelli, LLP v. Aspen American Insurance...
Refusal of Reassignment Defeats ADA Claim: Eleventh Circuit holds offering a vacant alternative position is a reasonable accommodation even when the employee requests short-term leave

Refusal of Reassignment Defeats ADA Claim: Eleventh Circuit holds offering a vacant alternative position is a reasonable accommodation even when the employee requests short-term leave

Date: Oct 25, 2025
Refusal of Reassignment Defeats ADA Claim: Eleventh Circuit holds offering a vacant alternative position is a reasonable accommodation even when the employee requests short-term leave Case: Brandon...
Unwillingness, Not Inability: Eleventh Circuit Affirms Upward Variance Based on Willful Nonpayment and Disregard for the Law

Unwillingness, Not Inability: Eleventh Circuit Affirms Upward Variance Based on Willful Nonpayment and Disregard for the Law

Date: Oct 25, 2025
Unwillingness, Not Inability: Eleventh Circuit Affirms Upward Variance Based on Willful Nonpayment and Disregard for the Law Case: United States v. Linda Davis, No. 24-13399 (11th Cir. Oct. 23, 2025)...
Forfeited Loper Bright Challenge to AEDPA and No Double Jeopardy COA After Hung Jury: Commentary on Bellar v. Stancil (10th Cir. Oct. 23, 2025)

Forfeited Loper Bright Challenge to AEDPA and No Double Jeopardy COA After Hung Jury: Commentary on Bellar v. Stancil (10th Cir. Oct. 23, 2025)

Date: Oct 25, 2025
Forfeited Loper Bright Challenge to AEDPA and No Double Jeopardy COA After Hung Jury: Bellar v. Stancil Introduction In Bellar v. Stancil, the United States Court of Appeals for the Tenth Circuit...
Cabrera v. Bondi: Tenth Circuit Confirms “More Than Incidental” Nexus for Withholding and Reiterates CAT’s Intent Requirement; Timeliness Objection Forfeitable Under Riley

Cabrera v. Bondi: Tenth Circuit Confirms “More Than Incidental” Nexus for Withholding and Reiterates CAT’s Intent Requirement; Timeliness Objection Forfeitable Under Riley

Date: Oct 25, 2025
Cabrera v. Bondi: Tenth Circuit Confirms “More Than Incidental” Nexus for Withholding and Reiterates CAT’s Intent Requirement; Timeliness Objection Forfeitable Under Riley Introduction In Cabrera v....
United States v. Chavez: Tenth Circuit reinforces 14‑day limit for reconsidering § 3582(c)(2) denials and applies a broad “in connection with” firearm bar to § 4C1.1 zero‑point reductions

United States v. Chavez: Tenth Circuit reinforces 14‑day limit for reconsidering § 3582(c)(2) denials and applies a broad “in connection with” firearm bar to § 4C1.1 zero‑point reductions

Date: Oct 25, 2025
United States v. Chavez: Tenth Circuit reinforces 14‑day limit for reconsidering § 3582(c)(2) denials and applies a broad “in connection with” firearm bar to § 4C1.1 zero‑point reductions Court: U.S....
Reliability Requires Bias Analysis: Seventh Circuit Tightens Rule 702 for Litigation-Generated Epidemiology and Upholds Return-Conditioned “100% Satisfaction” Warranties

Reliability Requires Bias Analysis: Seventh Circuit Tightens Rule 702 for Litigation-Generated Epidemiology and Upholds Return-Conditioned “100% Satisfaction” Warranties

Date: Oct 25, 2025
Reliability Requires Bias Analysis: Seventh Circuit Tightens Rule 702 for Litigation-Generated Epidemiology and Upholds Return-Conditioned “100% Satisfaction” Warranties Introduction In Gilbert v....
IntegrateNYC v. State of New York: Reaffirming Paynter—District‑Wide Input Deficiencies and Intentional Discrimination Required; No Constitutional Mandate for Culturally Responsive Curriculum or Educator Diversity

IntegrateNYC v. State of New York: Reaffirming Paynter—District‑Wide Input Deficiencies and Intentional Discrimination Required; No Constitutional Mandate for Culturally Responsive Curriculum or Educator Diversity

Date: Oct 25, 2025
IntegrateNYC v. State of New York: Reaffirming Paynter—District‑Wide Input Deficiencies and Intentional Discrimination Required; No Constitutional Mandate for Culturally Responsive Curriculum or...
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