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reaffirmation-of-strict-liability-in-manufacturers& Case Commentaries

Intoxication-Like Symptoms Are Not an “Obvious” Medical Risk: Tenth Circuit Affirms DUI Probable Cause and Rejects Deliberate-Indifference and Monell Claims in Waters v. City of Altus

Intoxication-Like Symptoms Are Not an “Obvious” Medical Risk: Tenth Circuit Affirms DUI Probable Cause and Rejects Deliberate-Indifference and Monell Claims in Waters v. City of Altus

Date: Oct 5, 2025
Intoxication-Like Symptoms Are Not an “Obvious” Medical Risk: Tenth Circuit Affirms DUI Probable Cause and Rejects Deliberate-Indifference and Monell Claims in Waters v. City of Altus Introduction In...
Brown v. Monsalud: Third Circuit Reaffirms That Medical Treatment Disagreements Are Not Actionable Under ADA Title II and Do Not Constitute Eighth Amendment Deliberate Indifference

Brown v. Monsalud: Third Circuit Reaffirms That Medical Treatment Disagreements Are Not Actionable Under ADA Title II and Do Not Constitute Eighth Amendment Deliberate Indifference

Date: Oct 4, 2025
Brown v. Monsalud: Third Circuit Reaffirms That Medical Treatment Disagreements Are Not Actionable Under ADA Title II and Do Not Constitute Eighth Amendment Deliberate Indifference Court: United...
Statutory Maximum as the Guidelines Sentence: Third Circuit Enforces Appeal Waiver and Approves Consecutive Stacking Under U.S.S.G. §§ 5G1.1(a) and 5G1.2(d) in an Anders Appeal

Statutory Maximum as the Guidelines Sentence: Third Circuit Enforces Appeal Waiver and Approves Consecutive Stacking Under U.S.S.G. §§ 5G1.1(a) and 5G1.2(d) in an Anders Appeal

Date: Oct 4, 2025
Statutory Maximum as the Guidelines Sentence: Third Circuit Enforces Appeal Waiver and Approves Consecutive Stacking Under U.S.S.G. §§ 5G1.1(a) and 5G1.2(d) in an Anders Appeal Introduction In United...
Fraudulent Inducement, Not Right-to-Control: Fifth Circuit Holds § 1348 Reaches Social‑Media Pump‑and‑Dump Schemes Without Proof of Victim Net Loss

Fraudulent Inducement, Not Right-to-Control: Fifth Circuit Holds § 1348 Reaches Social‑Media Pump‑and‑Dump Schemes Without Proof of Victim Net Loss

Date: Oct 4, 2025
Fraudulent Inducement, Not Right-to-Control: Fifth Circuit Holds § 1348 Reaches Social‑Media Pump‑and‑Dump Schemes Without Proof of Victim Net Loss Introduction In United States v. Constantinescu,...
Emergency-Aid Entry and Marijuana-Odor Probable Cause Reaffirmed: United States v. Jackson (5th Cir. 2025)

Emergency-Aid Entry and Marijuana-Odor Probable Cause Reaffirmed: United States v. Jackson (5th Cir. 2025)

Date: Oct 4, 2025
Emergency-Aid Entry and Marijuana-Odor Probable Cause Reaffirmed: United States v. Jackson (5th Cir. 2025) Court: United States Court of Appeals for the Fifth Circuit Date: October 2, 2025 Panel:...
Tacit Conspiracy with Dark Web Marketplace Operators: Fifth Circuit Affirms That Platform Facilitation Can Satisfy the Agreement Element in Narcotics Conspiracies

Tacit Conspiracy with Dark Web Marketplace Operators: Fifth Circuit Affirms That Platform Facilitation Can Satisfy the Agreement Element in Narcotics Conspiracies

Date: Oct 4, 2025
Tacit Conspiracy with Dark Web Marketplace Operators: Fifth Circuit Affirms That Platform Facilitation Can Satisfy the Agreement Element in Narcotics Conspiracies Introduction In United States v....
Conspiracy Is Not Enough: Third Circuit Requires PSC Analysis to Include the Object Offense’s Elements

Conspiracy Is Not Enough: Third Circuit Requires PSC Analysis to Include the Object Offense’s Elements

Date: Oct 4, 2025
Conspiracy Is Not Enough: Third Circuit Requires PSC Analysis to Include the Object Offense’s Elements Case: Jayeola Amos v. Attorney General United States of America (No. 22-2095) Court: United...
No Clearly Established Duty for State Tax Officials to Compel Renewed Address Searches After Returned Mail: Fourth Circuit Affirms Qualified Immunity in deWet v. Rollyson

No Clearly Established Duty for State Tax Officials to Compel Renewed Address Searches After Returned Mail: Fourth Circuit Affirms Qualified Immunity in deWet v. Rollyson

Date: Oct 4, 2025
No Clearly Established Duty for State Tax Officials to Compel Renewed Address Searches After Returned Mail: Fourth Circuit Affirms Qualified Immunity in deWet v. Rollyson Case: Ann Barclay deWet &...
Affirming Major Upward Variances to the Statutory Maximum: Deference to § 3553(a) Balancing and No Duty to Address Hypothetical Guideline Ranges for Dismissed Counts

Affirming Major Upward Variances to the Statutory Maximum: Deference to § 3553(a) Balancing and No Duty to Address Hypothetical Guideline Ranges for Dismissed Counts

Date: Oct 4, 2025
Affirming Major Upward Variances to the Statutory Maximum: Deference to § 3553(a) Balancing and No Duty to Address Hypothetical Guideline Ranges for Dismissed Counts Introduction In United States v....
No “Last-Exposure” Liability for Former Self-Insured Parents Under the BLBA: Fourth Circuit Limits Responsible-Operator and Carrier Designations; Trust Fund Pays When § 725.494(e) Is Not Met

No “Last-Exposure” Liability for Former Self-Insured Parents Under the BLBA: Fourth Circuit Limits Responsible-Operator and Carrier Designations; Trust Fund Pays When § 725.494(e) Is Not Met

Date: Oct 4, 2025
No “Last-Exposure” Liability for Former Self-Insured Parents Under the BLBA Fourth Circuit limits responsible-operator and carrier designations; Trust Fund must pay where § 725.494(e) is not...
Pleading-Stage Statute-of-Limitations Dismissals and No Tolling by Kansas § 12-105b for § 1983 Claims: Boldridge v. City of Atchison (10th Cir. 2025)

Pleading-Stage Statute-of-Limitations Dismissals and No Tolling by Kansas § 12-105b for § 1983 Claims: Boldridge v. City of Atchison (10th Cir. 2025)

Date: Oct 4, 2025
Pleading-Stage Statute-of-Limitations Dismissals and No Tolling by Kansas § 12-105b for § 1983 Claims: Boldridge v. City of Atchison (10th Cir. 2025) Court: United States Court of Appeals for the...
No Standing Without Specific Plans and Redressability Amid Overlapping Firearm Bans: The Tenth Circuit’s Guidance in Springer v. Grisham

No Standing Without Specific Plans and Redressability Amid Overlapping Firearm Bans: The Tenth Circuit’s Guidance in Springer v. Grisham

Date: Oct 4, 2025
No Standing Without Specific Plans and Redressability Amid Overlapping Firearm Bans: The Tenth Circuit’s Guidance in Springer v. Grisham Springer v. Grisham, Nos. 23-2192 & 23-2194 (10th Cir. Oct. 1,...
Concrete Plans and Overlapping Laws: Tenth Circuit Tightens Pre‑Enforcement Standing in Second Amendment Challenges

Concrete Plans and Overlapping Laws: Tenth Circuit Tightens Pre‑Enforcement Standing in Second Amendment Challenges

Date: Oct 4, 2025
Concrete Plans and Overlapping Laws: Tenth Circuit Tightens Pre‑Enforcement Standing in Second Amendment Challenges Introduction In Springer v. Grisham, the U.S. Court of Appeals for the Tenth...
Intrinsic Evidence and VICAR Motive: The Tenth Circuit’s DeLeon Decision Clarifies Preservation Duties, Admissibility of Gang-Violence Context, and Reviewability of Rule 37 Denials

Intrinsic Evidence and VICAR Motive: The Tenth Circuit’s DeLeon Decision Clarifies Preservation Duties, Admissibility of Gang-Violence Context, and Reviewability of Rule 37 Denials

Date: Oct 4, 2025
Intrinsic Evidence and VICAR Motive: The Tenth Circuit’s DeLeon Decision Clarifies Preservation Duties, Admissibility of Gang-Violence Context, and Reviewability of Rule 37 Denials Introduction In...
No TWDA End-Run via Official-Capacity Pleading; Fifth Circuit Reaffirms Subjective Deliberate-Indifference Standard for Pretrial Detainee Medical Care

No TWDA End-Run via Official-Capacity Pleading; Fifth Circuit Reaffirms Subjective Deliberate-Indifference Standard for Pretrial Detainee Medical Care

Date: Oct 3, 2025
No TWDA End-Run via Official-Capacity Pleading; Fifth Circuit Reaffirms Subjective Deliberate-Indifference Standard for Pretrial Detainee Medical Care Court: United States Court of Appeals for the...
FEGLIA “Receipt” Defined: Delivery to Employing-Office Personnel Suffices; No Indicia-of-Receipt or File-Presence Requirement (Metropolitan v. Vasquez, 5th Cir. 2025)

FEGLIA “Receipt” Defined: Delivery to Employing-Office Personnel Suffices; No Indicia-of-Receipt or File-Presence Requirement (Metropolitan v. Vasquez, 5th Cir. 2025)

Date: Oct 3, 2025
FEGLIA “Receipt” Defined: Delivery to Employing-Office Personnel Suffices; No Indicia-of-Receipt or File-Presence Requirement Case: Metropolitan v. Vasquez, No. 24-11024 (5th Cir. Oct. 1, 2025) (per...
No Public-Trial Violation from Sequestration of a Potential Witness: People v. Smith (Ill. 2025)

No Public-Trial Violation from Sequestration of a Potential Witness: People v. Smith (Ill. 2025)

Date: Oct 3, 2025
No Public-Trial Violation from Sequestration of a Potential Witness: People v. Smith (Ill. 2025) Introduction In People v. Smith, 2025 IL 130067, the Supreme Court of Illinois resolved multiple...
Reaffirming the Post-Ruan, Post-Burrage Framework: No Proximate Cause or Mens Rea for § 841(b)(1)(C) “Death Results”; Miranda Errors May Be Harmless

Reaffirming the Post-Ruan, Post-Burrage Framework: No Proximate Cause or Mens Rea for § 841(b)(1)(C) “Death Results”; Miranda Errors May Be Harmless

Date: Oct 2, 2025
Reaffirming the Post-Ruan, Post-Burrage Framework: No Proximate Cause or Mens Rea for § 841(b)(1)(C) “Death Results”; Miranda Errors May Be Harmless Introduction This nonprecedential Third Circuit...
Third Circuit Endorses the “Integral Use of Fire” Standard for 18 U.S.C. § 844(h)(1) in Insurance-Fraud Schemes: United States v. Randolph

Third Circuit Endorses the “Integral Use of Fire” Standard for 18 U.S.C. § 844(h)(1) in Insurance-Fraud Schemes: United States v. Randolph

Date: Oct 2, 2025
Third Circuit Endorses the “Integral Use of Fire” Standard for 18 U.S.C. § 844(h)(1) in Insurance-Fraud Schemes: United States v. Randolph Decision: United States v. Lashaumba O. Randolph, No....
Strict Liability Persists for § 841(b)(1)(C) “Death Results” After Ruan; No Need to Identify the Specific Fatal Bag When All Sources Trace to Defendants

Strict Liability Persists for § 841(b)(1)(C) “Death Results” After Ruan; No Need to Identify the Specific Fatal Bag When All Sources Trace to Defendants

Date: Oct 2, 2025
Strict Liability Persists for § 841(b)(1)(C) “Death Results” After Ruan; No Need to Identify the Specific Fatal Bag When All Sources Trace to Defendants United States v. Jeremy Edward Johnson; United...
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