Germano v. Taishan Gypsum Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that “because [defendant] does not show signs of being mentally retarded presently, this third prong becomes moot”
• concluding that “because [defendant] does not show signs of being [intellectually disabled], this third prong becomes moot”
• collecting cases and concluding that “the Flynn Effect remains highly controversial and many courts have declined to accept its application”
• testifying expert described the use of retrospective use of Vineland test “controversial”
• “Though the clinical standards have informed our analysis, we emphasize that a clinical standard is not a constitutional command.” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).