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

Physical Menace in Vermont Assault-and-Robbery Is a Crime of Violence Under the Guidelines’ Force Clause (Second Circuit Summary Order)

Physical Menace in Vermont Assault-and-Robbery Is a Crime of Violence Under the Guidelines’ Force Clause (Second Circuit Summary Order)

Date: Oct 1, 2025
Physical Menace in Vermont Assault-and-Robbery Is a Crime of Violence Under the Guidelines’ Force Clause (Second Circuit Summary Order) Case: United States v. Williams, No. 24-2696-cr (2d Cir. Sept....
Reaffirming a Particularly Deferential Substantive Reasonableness Review: Second Circuit Upholds High-End Guidelines Sentence Despite Lower Recommendations and Aggregate Disparity Data

Reaffirming a Particularly Deferential Substantive Reasonableness Review: Second Circuit Upholds High-End Guidelines Sentence Despite Lower Recommendations and Aggregate Disparity Data

Date: Oct 1, 2025
Reaffirming a Particularly Deferential Substantive Reasonableness Review: Second Circuit Upholds High-End Guidelines Sentence Despite Lower Recommendations and Aggregate Disparity Data Note: This is...
Actual Notice Cures Rule 10 Witness-List Omission Absent Prejudice: Commentary on In re T.F., F.F., and C.F.

Actual Notice Cures Rule 10 Witness-List Omission Absent Prejudice: Commentary on In re T.F., F.F., and C.F.

Date: Oct 1, 2025
Actual Notice Cures Rule 10 Witness-List Omission Absent Prejudice: In re T.F., F.F., and C.F. Introduction In a memorandum decision, the Supreme Court of Appeals of West Virginia affirmed the...
Reaffirming Pasternack’s Narrow Duty for Drug-Testing Labs: Procedural Irregularities Alone Do Not State Negligence Under New York Law

Reaffirming Pasternack’s Narrow Duty for Drug-Testing Labs: Procedural Irregularities Alone Do Not State Negligence Under New York Law

Date: Oct 1, 2025
Reaffirming Pasternack’s Narrow Duty for Drug-Testing Labs: Procedural Irregularities Alone Do Not State Negligence Under New York Law Introduction In Spencer v. Omega Laboratories, Inc., No....
Second Circuit reaffirms: delayed school-location notice does not deny FAPE absent prejudice; overlapping IEP services can satisfy goals without music, hearing, or vision therapies

Second Circuit reaffirms: delayed school-location notice does not deny FAPE absent prejudice; overlapping IEP services can satisfy goals without music, hearing, or vision therapies

Date: Oct 1, 2025
Second Circuit reaffirms: delayed school-location notice does not deny FAPE absent prejudice; overlapping IEP services can satisfy goals without music, hearing, or vision therapies Introduction In...
Agencies Need Not Run New Database Queries: Ohio Supreme Court Clarifies “Creation of a New Record” Under the Public Records Act

Agencies Need Not Run New Database Queries: Ohio Supreme Court Clarifies “Creation of a New Record” Under the Public Records Act

Date: Oct 1, 2025
Agencies Need Not Run New Database Queries: Ohio Supreme Court Clarifies “Creation of a New Record” Under the Public Records Act Introduction In State ex rel. Huwig v. Department of Health,...
After Rahimi, McCane Still Rules: Tenth Circuit Reaffirms § 922(g)(1) Against Nonviolent-Felon As-Applied Challenges (United States v. Forbis & Smith)

After Rahimi, McCane Still Rules: Tenth Circuit Reaffirms § 922(g)(1) Against Nonviolent-Felon As-Applied Challenges (United States v. Forbis & Smith)

Date: Oct 1, 2025
After Rahimi, McCane Still Rules: Tenth Circuit Reaffirms § 922(g)(1) Against Nonviolent-Felon As-Applied Challenges (United States v. Forbis & Smith) Court: U.S. Court of Appeals for the Tenth...
Reaffirming Montana’s Ariegwe Speedy‑Trial Framework: Defendant‑Caused Continuances Control the Balance; Evidence‑Anchored “Guilt” Statements in Closing Are Not Plain Error

Reaffirming Montana’s Ariegwe Speedy‑Trial Framework: Defendant‑Caused Continuances Control the Balance; Evidence‑Anchored “Guilt” Statements in Closing Are Not Plain Error

Date: Oct 1, 2025
Reaffirming Montana’s Ariegwe Speedy‑Trial Framework: Defendant‑Caused Continuances Control the Balance; Evidence‑Anchored “Guilt” Statements in Closing Are Not Plain Error Introduction This...
Outrageous-Conduct Claims, Brady Duties on Confidential Informants, and No Confrontation Right to Compel Informant Testimony Absent Testimonial Statements — United States v. Marcus D. Flintroy (11th Cir. 2025)

Outrageous-Conduct Claims, Brady Duties on Confidential Informants, and No Confrontation Right to Compel Informant Testimony Absent Testimonial Statements — United States v. Marcus D. Flintroy (11th Cir. 2025)

Date: Oct 1, 2025
Outrageous-Conduct Claims, Brady Duties on Confidential Informants, and No Confrontation Right to Compel Informant Testimony Absent Testimonial Statements — United States v. Marcus D. Flintroy (11th...
Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Toll Tax Court Appeal Deadlines; Actual Receipt of a Deficiency Notice Suffices Without Certified‑Mail Proof

Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Toll Tax Court Appeal Deadlines; Actual Receipt of a Deficiency Notice Suffices Without Certified‑Mail Proof

Date: Oct 1, 2025
Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Toll Tax Court Appeal Deadlines; Actual Receipt of a Deficiency Notice Suffices Without Certified‑Mail Proof Case: Joseph Belcik...
Crawford v. State: Clarifying the Admissibility of Non‑Eyewitness Lay Opinions on a Defendant’s State of Mind and the Demanding Outcome‑Effect Requirement in Plain‑Error Review

Crawford v. State: Clarifying the Admissibility of Non‑Eyewitness Lay Opinions on a Defendant’s State of Mind and the Demanding Outcome‑Effect Requirement in Plain‑Error Review

Date: Oct 1, 2025
Crawford v. State: Clarifying the Admissibility of Non‑Eyewitness Lay Opinions on a Defendant’s State of Mind and the Demanding Outcome‑Effect Requirement in Plain‑Error Review Introduction In...
Rule 5 Forbids Continuances for Pending Criminal Bond Proceedings; Acknowledgment of Neglect Is Prerequisite to Improvement Period — Commentary on In re N.S. (W. Va. 2025)

Rule 5 Forbids Continuances for Pending Criminal Bond Proceedings; Acknowledgment of Neglect Is Prerequisite to Improvement Period — Commentary on In re N.S. (W. Va. 2025)

Date: Oct 1, 2025
Rule 5 Forbids Continuances for Pending Criminal Bond Proceedings; Acknowledgment of Neglect Is Prerequisite to Improvement Period — Commentary on In re N.S. (W. Va. 2025) Introduction In a...
Refusal to Engage in Reunification Services and Violations of Court Orders Permit Termination Without Less-Restrictive Alternatives and Justify Denial of Post‑Termination Visitation — In re G.J. (W. Va. 2025)

Refusal to Engage in Reunification Services and Violations of Court Orders Permit Termination Without Less-Restrictive Alternatives and Justify Denial of Post‑Termination Visitation — In re G.J. (W. Va. 2025)

Date: Oct 1, 2025
Refusal to Engage in Reunification Services and Violations of Court Orders Permit Termination Without Less-Restrictive Alternatives and Justify Denial of Post‑Termination Visitation Introduction This...
Home Rule Applies to Zoning: Georgia Electors May Repeal County Zoning Ordinances by Referendum

Home Rule Applies to Zoning: Georgia Electors May Repeal County Zoning Ordinances by Referendum

Date: Oct 1, 2025
Home Rule Applies to Zoning: Georgia Electors May Repeal County Zoning Ordinances by Referendum Introduction In Bailey v. McIntosh County (consolidated with Webster v. McIntosh County and McIntosh...
Competency vs. Credibility: First Circuit okays judicial notice of a witness’s prior plea-competency finding and clarifies appeals from Rule 37 indicative rulings — United States v. Vázquez‑Rijos

Competency vs. Credibility: First Circuit okays judicial notice of a witness’s prior plea-competency finding and clarifies appeals from Rule 37 indicative rulings — United States v. Vázquez‑Rijos

Date: Oct 1, 2025
Competency vs. Credibility: First Circuit okays judicial notice of a witness’s prior plea-competency finding and clarifies appeals from Rule 37 indicative rulings — United States v. Vázquez‑Rijos...
Competency Is Not Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Clarifies Appellate Procedure for Rule 37 Motions

Competency Is Not Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Clarifies Appellate Procedure for Rule 37 Motions

Date: Oct 1, 2025
Competency Is Not Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Clarifies Appellate Procedure for Rule 37 Motions Introduction In United States v. Vázquez-Rijos, the...
Oral Requests Are Not Enough: West Virginia Reaffirms Written-Motion Requirement for Additional Improvement Periods and Permits Direct Termination When No Reasonable Likelihood of Correction (In re G.A.)

Oral Requests Are Not Enough: West Virginia Reaffirms Written-Motion Requirement for Additional Improvement Periods and Permits Direct Termination When No Reasonable Likelihood of Correction (In re G.A.)

Date: Oct 1, 2025
Oral Requests Are Not Enough: West Virginia Reaffirms Written-Motion Requirement for Additional Improvement Periods and Permits Direct Termination When No Reasonable Likelihood of Correction (In re...
Competency Is Not Credibility: First Circuit Approves Limited Judicial Notice of Prior Plea Competency and Clarifies Appellate Practice for Rule 37 Motions in United States v. Vázquez-Rijos

Competency Is Not Credibility: First Circuit Approves Limited Judicial Notice of Prior Plea Competency and Clarifies Appellate Practice for Rule 37 Motions in United States v. Vázquez-Rijos

Date: Oct 1, 2025
Competency Is Not Credibility: First Circuit Approves Limited Judicial Notice of Prior Plea Competency and Clarifies Appellate Practice for Rule 37 Motions in United States v. Vázquez-Rijos...
No Plain Error for Unrequested Lesser-Offense Instructions; Single-Witness Identification Suffices: Commentary on Lewis v. State (Ga. 2025)

No Plain Error for Unrequested Lesser-Offense Instructions; Single-Witness Identification Suffices: Commentary on Lewis v. State (Ga. 2025)

Date: Oct 1, 2025
No Plain Error for Unrequested Lesser-Offense Instructions; Single-Witness Identification Suffices Commentary on Lewis v. State, Supreme Court of Georgia (Sept. 30, 2025) Introduction In Lewis v....
Beyond Dollars: Eleventh Circuit Endorses Upward Variances for Cyberfraud Based on Non‑Economic Harms and Extraterritorial Conduct — United States v. Ayeni

Beyond Dollars: Eleventh Circuit Endorses Upward Variances for Cyberfraud Based on Non‑Economic Harms and Extraterritorial Conduct — United States v. Ayeni

Date: Oct 1, 2025
Beyond Dollars: Eleventh Circuit Endorses Upward Variances for Cyberfraud Based on Non‑Economic Harms and Extraterritorial Conduct — United States v. Ayeni Introduction In United States v. Babatunde...
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