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

Strict PLRA Exhaustion Through SOIGA and Rule 21 Dismissal of Unidentified Defendants: Commentary on Johnson v. Bienkowski (3d Cir. 2025)

Date: Sep 8, 2025

Strict PLRA Exhaustion Through SOIGA and Rule 21 Dismissal of Unidentified Defendants: Commentary on Johnson v. Bienkowski (3d Cir. 2025) Introduction This commentary examines the Third Circuit’s...

No Exhaustion, No Case: Third Circuit Reaffirms Strict PLRA Compliance and Permits Dismissal of Unidentified Defendants under Rule 21

Date: Sep 8, 2025

No Exhaustion, No Case: Third Circuit Reaffirms Strict PLRA Compliance and Permits Dismissal of Unidentified Defendants under Rule 21 Introduction In Armoni Johnson v. Bienkoski, Nos. 24-1049 &...

Civil-Rights Removal Revisited: Invoking 28 U.S.C. § 1443 Permits Full Appellate Review of Remand Orders, but ADA-Based Arguments Do Not Qualify

Date: Sep 8, 2025

Civil-Rights Removal Revisited: Invoking 28 U.S.C. § 1443 Permits Full Appellate Review of Remand Orders, but ADA-Based Arguments Do Not Qualify Introduction This commentary analyzes the Third...

Standing Orders Are Not Enough: Fifth Circuit Requires Oral Pronouncement of All Special Conditions of Supervised Release

Date: Sep 8, 2025

Standing Orders Are Not Enough: Fifth Circuit Requires Oral Pronouncement of All Special Conditions of Supervised Release Case: United States v. Osorio-Avelar, No. 24-20393 (5th Cir. Sept. 2, 2025)...

Defining “Invasion” and “Predatory Incursion” Under the Alien Enemies Act: Fifth Circuit Polices Statutory Preconditions and Grants Classwide Preliminary Relief; Seven‑Day Notice Tentatively Upheld

Date: Sep 8, 2025

Defining “Invasion” and “Predatory Incursion” Under the Alien Enemies Act: Fifth Circuit Polices Statutory Preconditions and Grants Classwide Preliminary Relief; Seven‑Day Notice Tentatively Upheld...

Material Support Means Substantial Aid to Terrorist Activities: Fourth Circuit Narrows INA Bar; Forced Cooking for Captors Is Not “Material Support”

Date: Sep 8, 2025

Material Support Means Substantial Aid to Terrorist Activities: Fourth Circuit Narrows INA Bar; Forced Cooking for Captors Is Not “Material Support” Introduction This published decision from the...

Residency‑Neutral, In‑State Educational Criteria in Cannabis Social‑Equity Licensing Do Not Discriminate Under the Dormant Commerce Clause: Jensen v. Maryland Cannabis Administration (4th Cir. 2025)

Date: Sep 8, 2025

Residency‑Neutral, In‑State Educational Criteria in Cannabis Social‑Equity Licensing Do Not Discriminate Under the Dormant Commerce Clause Commentary on Justyna Jensen v. Maryland Cannabis...

Clear Ownership or No Injunction: Fourth Circuit Reaffirms Priority-of-Use for Unregistered Marks and Tightens UDTPA Use in Employer–Employee Branding Disputes

Date: Sep 8, 2025

Clear Ownership or No Injunction: Fourth Circuit Reaffirms Priority-of-Use for Unregistered Marks and Tightens UDTPA Use in Employer–Employee Branding Disputes Introduction This commentary analyzes...

Reliability Without Revealing the Algorithm: Vermont Affirms V.R.E. 702 Admission of Proprietary Practice-Valuation Methods and Discounts Professional Goodwill Absent a Noncompete

Date: Sep 6, 2025

Reliability Without Revealing the Algorithm: Vermont Affirms V.R.E. 702 Admission of Proprietary Practice-Valuation Methods and Discounts Professional Goodwill Absent a Noncompete Introduction In...

Clarifying § 1103(a)(9) and Rule 26.1(c) in Delaware TPR Appeals: Medical Examiner Evidence Can Establish “Unexplained Death or Serious Injury,” and Documentation Gaps Sustain “Failure to Plan”

Date: Sep 6, 2025

Clarifying § 1103(a)(9) and Rule 26.1(c) in Delaware TPR Appeals: Medical Examiner Evidence Can Establish “Unexplained Death or Serious Injury,” and Documentation Gaps Sustain “Failure to Plan”...

Vermont Reaffirms the Narrow Scope of Sentence Reconsideration: No Hearing or COVID-Specific Findings Required

Date: Sep 6, 2025

Vermont Reaffirms the Narrow Scope of Sentence Reconsideration: No Hearing or COVID-Specific Findings Required Introduction In State v. Walter Taylor, III (Vt. Sept. 5, 2025), a three-justice panel...

Deviation Over Threshold: Vermont Affirms Zero‑Support/Private‑School‑Tuition Arrangement and Time‑Bars Post‑Judgment Child Tax Credit Reallocation

Date: Sep 6, 2025

Deviation Over Threshold: Vermont Affirms Zero‑Support/Private‑School‑Tuition Arrangement and Time‑Bars Post‑Judgment Child Tax Credit Reallocation Case: Catherine Hutchings v. Justin Bramhall...

State v. Prue: Vermont Supreme Court Reaffirms That a Guilty Plea Requires a Personal, Theory‑Specific Factual Basis Under Rule 11(f), Reviewed Under Bridger on Direct Appeal

Date: Sep 6, 2025

State v. Prue: Vermont Supreme Court Reaffirms That a Guilty Plea Requires a Personal, Theory‑Specific Factual Basis Under Rule 11(f), Reviewed Under Bridger on Direct Appeal Court: Vermont Supreme...

CHINS-B Reversal Does Not Preclude DCF Physical-Abuse Substantiation: Distinct Causes and Issues Clarified by the Vermont Supreme Court

Date: Sep 6, 2025

CHINS-B Reversal Does Not Preclude DCF Physical-Abuse Substantiation: Distinct Causes and Issues Clarified by the Vermont Supreme Court Note on precedential weight: This was an entry order by a...

Adequate Findings Over Form: Vermont Supreme Court Affirms Termination Without a Standalone “Stagnation” Section and Confirms Waiver of Child-Testimony Claim

Date: Sep 6, 2025

Adequate Findings Over Form: Vermont Supreme Court Affirms Termination Without a Standalone “Stagnation” Section and Confirms Waiver of Child-Testimony Claim Introduction This commentary examines the...

Qualified Immunity Shields Police in Landlord–Tenant Disputes When Abandonment Under 9 V.S.A. § 4462 Is Not Clearly Established

Date: Sep 6, 2025

Qualified Immunity Shields Police in Landlord–Tenant Disputes When Abandonment Under 9 V.S.A. § 4462 Is Not Clearly Established Court: Supreme Court of Vermont (Three-Justice Panel Entry Order) Case:...

Maher v. Maher: Vermont Supreme Court Affirms Trial-Court Discretion to Confine Long‑Weekend Parenting Time to the Child’s Residence and to Prioritize Primary‑Caregiver and Community‑Continuity Factors Under 15 V.S.A. § 665

Date: Sep 6, 2025

Maher v. Maher: Vermont Supreme Court Affirms Trial-Court Discretion to Confine Long‑Weekend Parenting Time to the Child’s Residence and to Prioritize Primary‑Caregiver and Community‑Continuity...

No Immunity Without Compliance: Vermont Affirms Tow-Company Duty of Care and Sufficiency of Owner Testimony for Missing Vehicle Contents

Date: Sep 6, 2025

No Immunity Without Compliance: Vermont Affirms Tow-Company Duty of Care and Sufficiency of Owner Testimony for Missing Vehicle Contents Grey Barreda v. Handy's Service Center, Vermont Supreme Court,...

Easements Run With the Dominant Estate They Are Granted To: No Expansion to After-Acquired Parcels Absent Express Grant or Necessity

Date: Sep 6, 2025

Easements Run With the Dominant Estate They Are Granted To: No Expansion to After-Acquired Parcels Absent Express Grant or Necessity Introduction This commentary examines the Vermont Supreme Court’s...

Row v. State: Shinn Is Not a Trigger for Successive State Post‑Conviction Relief and Rule 44.2 Does Not Create a Right to Effective Post‑Conviction Counsel

Date: Sep 5, 2025

Row v. State: Shinn Is Not a Trigger for Successive State Post‑Conviction Relief and Rule 44.2 Does Not Create a Right to Effective Post‑Conviction Counsel Introduction In Row v. State, the Idaho...

Previous Next