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

Montana Supreme Court Authorizes Community Justice Workers to Provide Limited Legal Services in Justice and City Courts

Date: Oct 2, 2025

Montana Supreme Court Authorizes Community Justice Workers to Provide Limited Legal Services in Justice and City Courts Introduction In administrative docket AF 11-0765, the Supreme Court of Montana...

Concrete Plans and Overlapping Bans: Tenth Circuit Clarifies Standing for Pre‑Enforcement Second Amendment “Sensitive Places” Challenges

Date: Oct 2, 2025

Concrete Plans and Overlapping Bans: Tenth Circuit Clarifies Standing for Pre‑Enforcement Second Amendment “Sensitive Places” Challenges Introduction In Springer v. Grisham, Nos. 23‑2192 & 23‑2194...

Causation-by-Solicitation Confirmed: Eleventh Circuit Applies §2G2.1 Cross-Reference to a Buyer Who Prompted New Production; Harmless-Error Where Statutory Maximum Caps the Guidelines Range

Date: Oct 2, 2025

Causation-by-Solicitation Confirmed: Eleventh Circuit Applies §2G2.1 Cross-Reference to a Buyer Who Prompted New Production; Harmless-Error Where Statutory Maximum Caps the Guidelines Range...

Pending State Charges and Pretrial Misconduct Can Justify Major Upward Variances in Illegal Reentry Sentences; No Continuance Absent Specific, Non‑Speculative Prejudice

Date: Oct 2, 2025

Pending State Charges and Pretrial Misconduct Can Justify Major Upward Variances in Illegal Reentry Sentences; No Continuance Absent Specific, Non‑Speculative Prejudice Case: United States v. Jorge...

Investigating Grand Jury Presentments Create Prima Facie Probable Cause in § 1983 False Arrest and Malicious Prosecution Claims—Omission of Exculpatory Evidence Does Not Rebut the Presumption

Date: Oct 1, 2025

Investigating Grand Jury Presentments Create Prima Facie Probable Cause in § 1983 False Arrest and Malicious Prosecution Claims—Omission of Exculpatory Evidence Does Not Rebut the Presumption Case:...

Occasion Means More Than Time Stamps: Third Circuit Vacates §4B1.5(b) Pattern Enhancement and Remands to Assess Whether a Prior Assault Was a Separate Occasion

Date: Oct 1, 2025

Occasion Means More Than Time Stamps: Third Circuit Vacates §4B1.5(b) Pattern Enhancement and Remands to Assess Whether a Prior Assault Was a Separate Occasion Case: United States v. Jeffrey Colin...

Hybrid Restitution Under the MVRA: Third Circuit Endorses Flexible Crediting and Rejects Blanket “Sheets” Rule in United States v. Shvets

Date: Oct 1, 2025

Hybrid Restitution Under the MVRA: Third Circuit Endorses Flexible Crediting and Rejects Blanket “Sheets” Rule in United States v. Shvets Introduction In United States v. Natalya Shvets, the Third...

Explicit Warnings Suffice as “Lesser Sanctions”: Fifth Circuit Affirms Rule 41(b) Dismissal for Repeated Defiance of Deposition Orders in Lee v. Southwest Airlines

Date: Oct 1, 2025

Explicit Warnings Suffice as “Lesser Sanctions”: Fifth Circuit Affirms Rule 41(b) Dismissal for Repeated Defiance of Deposition Orders in Lee v. Southwest Airlines Introduction This commentary...

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...

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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