imputation-of-agent&amp Case Commentaries

No Clearly Established Due Process Right in Inmate Craft‑Sale Proceeds: Fifth Circuit Grants Qualified Immunity in Savage v. Westcott

Date: Oct 1, 2025

No Clearly Established Due Process Right in Inmate Craft‑Sale Proceeds: Fifth Circuit Grants Qualified Immunity in Savage v. Westcott Introduction In Savage v. Westcott, the United States Court of...

Tenth Circuit Clarifies that Broad Habitability Exclusions Defeat the Duty to Defend Even When Claims Are Pleaded as Negligence

Date: Oct 1, 2025

Tenth Circuit Clarifies that Broad Habitability Exclusions Defeat the Duty to Defend Even When Claims Are Pleaded as Negligence Case: Atain Specialty Insurance Company v. Eagle's Pointe, LLC, No....

Time-of-Decision Controls Qualifying-Child Status Under § 1229b(b)(1)(D); Post-Loper Bright, No Agency Deference; BIA’s Waiver Determinations Constrained by 8 C.F.R. § 1003.3(b)

Date: Oct 1, 2025

Time-of-Decision Controls Qualifying-Child Status Under § 1229b(b)(1)(D); Post-Loper Bright, No Agency Deference; BIA’s Waiver Determinations Constrained by 8 C.F.R. § 1003.3(b) Introduction In...

Failure to Attend Successor Onboarding Is Not an Adverse Action by the Outgoing Employer: The Tenth Circuit’s ADA Baseline in Swepson v. Aimbridge

Date: Oct 1, 2025

Failure to Attend Successor Onboarding Is Not an Adverse Action by the Outgoing Employer: The Tenth Circuit’s ADA Baseline in Swepson v. Aimbridge Introduction In Swepson v. Aimbridge Employee...

Tenth Circuit Confirms Materiality of Form 4473 Indictment Question: § 922(a)(6) Convictions Stand Because § 922(n) Is Facially Constitutional (United States v. Peavler)

Date: Oct 1, 2025

Tenth Circuit Confirms Materiality of Form 4473 Indictment Question: § 922(a)(6) Convictions Stand Because § 922(n) Is Facially Constitutional (United States v. Peavler) Note: This Order and Judgment...

No Right to Nullify Materiality: Tenth Circuit Holds False Denial of Felony Indictment on Form 4473 Is Actionable Because § 922(n) Is Facially Valid

Date: Oct 1, 2025

No Right to Nullify Materiality: Tenth Circuit Holds False Denial of Felony Indictment on Form 4473 Is Actionable Because § 922(n) Is Facially Valid Introduction In United States v. Reilly...

Futility Requires Evidence and CAT Demands Official Acquiescence: Guidance from Masaquiza‑Masaquiza v. Bondi (2d Cir. 2025)

Date: Oct 1, 2025

Futility Requires Evidence and CAT Demands Official Acquiescence: Guidance from Masaquiza‑Masaquiza v. Bondi (2d Cir. 2025) Note: This decision is a Summary Order of the U.S. Court of Appeals for the...

Plain-View Hazards on Icy Roads: Comparative Negligence for the Jury; No Default Spoliation for Pre‑Notice Telematics Loss

Date: Oct 1, 2025

Plain-View Hazards on Icy Roads: Comparative Negligence for the Jury; No Default Spoliation for Pre‑Notice Telematics Loss Introduction In Fahrnow v. E-5 Oilfield Services, 2025 MT 220, the Montana...

Noncompliance and Open‑Ended Incarceration: Termination Without Less Restrictive Alternatives and No Post‑Dispositional Improvement Period

Date: Oct 1, 2025

Noncompliance and Open‑Ended Incarceration: Termination Without Less Restrictive Alternatives and No Post‑Dispositional Improvement Period Case: In re A.F. and H.J., No. 24-574 Court: Supreme Court...

Consent to Guardianship Is Not a Safe Harbor: West Virginia Affirms Termination Where No Reasonable Likelihood of Correction Exists

Date: Oct 1, 2025

Consent to Guardianship Is Not a Safe Harbor: West Virginia Affirms Termination Where No Reasonable Likelihood of Correction Exists Case: In re A.A., K.A., and A.R., No. 24-474 (W. Va. Sept. 30,...

In re G.J.: Refusal to Engage in Services Justifies Termination Without Less Restrictive Alternatives and Supports Denial of Post‑Termination Visitation

Date: Oct 1, 2025

In re G.J.: Refusal to Engage in Services Justifies Termination Without Less Restrictive Alternatives and Supports Denial of Post‑Termination Visitation Introduction In a memorandum decision dated...

In re G.A.: West Virginia High Court Reaffirms Written-Motion Prerequisite for Improvement Periods and Clarifies That Less Restrictive Alternatives Are Not Required When Statutory Termination Criteria Are Met

Date: Oct 1, 2025

In re G.A.: Reaffirming the Written-Motion Requirement for Improvement Periods and the Permissibility of Termination Without Less Restrictive Alternatives Introduction In a memorandum decision issued...

Express Findings and Maximization Required to Deviate from West Virginia’s Statutory 50/50 Custody Presumption

Date: Oct 1, 2025

Express Findings and Maximization Required to Deviate from West Virginia’s Statutory 50/50 Custody Presumption Introduction In In re R.L., No. 24-395 (W. Va. Sept. 30, 2025), the Supreme Court of...

Reaffirming Denial of Improvement Periods and Termination Where Parent Fails to Engage: West Virginia High Court’s Memorandum Decision in In re J.H., J.M., T.K., and R.K.

Date: Oct 1, 2025

Reaffirming Denial of Improvement Periods and Termination Where Parent Fails to Engage: West Virginia High Court’s Memorandum Decision in In re J.H., J.M., T.K., and R.K. Introduction This commentary...

No Automatic New Trial or Retroactive Exclusion When a Count Fails: Clarifying the Effect of a Reversed Street Gang Act Charge on Remaining Convictions

Date: Oct 1, 2025

No Automatic New Trial or Retroactive Exclusion When a Count Fails: Clarifying the Effect of a Reversed Street Gang Act Charge on Remaining Convictions Introduction In Bostic v. The State and Wright...

Reaffirming West Virginia’s 50-50 Custody Presumption: Trial Courts Must Apply § 48-9-102a, Analyze § 48-9-209(f) Factors, Enter Written Findings, and Maximize Parenting Time

Date: Oct 1, 2025

Reaffirming West Virginia’s 50-50 Custody Presumption: Trial Courts Must Apply § 48-9-102a, Analyze § 48-9-209(f) Factors, Enter Written Findings, and Maximize Parenting Time Case: In re R.L., No....

Reaffirming the Rule 8(a) Presumption and Tightening Limits on Child Confrontation, Discovery, and Sexual-History Evidence in Abuse-and-Neglect Adjudications

Date: Oct 1, 2025

Reaffirming the Rule 8(a) Presumption and Tightening Limits on Child Confrontation, Discovery, and Sexual-History Evidence in Abuse-and-Neglect Adjudications Introduction In re L.H.-1, B.H., L.H.-2,...

Improvement Period May Be Denied When a Parent’s Promise to a Critical No‑Contact Condition Lacks Credibility, Even Amid Services Compliance

Date: Oct 1, 2025

Improvement Period May Be Denied When a Parent’s Promise to a Critical No‑Contact Condition Lacks Credibility, Even Amid Services Compliance Introduction In In re I.R. and E.B., No. 24-496 (W. Va....

Judicial Notice of a Prior Competency Finding Is Permissible Without Vouching; Strict Timeliness for Rule 37 Appeals Confirmed — Commentary on United States v. Ferrer‑Sosa (1st Cir.)

Date: Oct 1, 2025

Judicial Notice of a Prior Competency Finding Is Permissible Without Vouching; Strict Timeliness for Rule 37 Appeals Confirmed — United States v. Ferrer‑Sosa (1st Cir.) Introduction This commentary...

Reasonable Efforts May Be Satisfied by Prior and Ongoing Services; Trial Court Credibility Findings Govern Post‑Termination Visitation (In re D.G. and L.G.)

Date: Oct 1, 2025

Reasonable Efforts May Be Satisfied by Prior and Ongoing Services; Trial Court Credibility Findings Govern Post‑Termination Visitation Commentary on In re D.G. and L.G., No. 24-595 (W. Va. Sept. 30,...

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