adoption-of-restatement-(second)-torts- Case Commentaries

No Automatic Bond Hearings for Unadmitted Noncitizens: Due Process Under § 1225(b)(2)(A)

Date: Oct 27, 2026

No Automatic Bond Hearings for Unadmitted Noncitizens: Due Process Under § 1225(b)(2)(A) United States Court of Appeals for the Fifth Circuit, en banc — October 23, 2026 Case: The supplied opinion...

Identifiable Health-Related Website Tracking Can Establish Privacy Injury and Survive Dismissal

Date: Oct 27, 2026

Identifiable Health-Related Website Tracking Can Establish Privacy Injury and Survive Dismissal Case: Rand v. Eyemart Express Court: United States Court of Appeals for the Fifth Circuit Date: October...

Unadmitted Residents Have No Automatic Constitutional Right to Bond Hearings Pending Removal

Date: Oct 27, 2026

Unadmitted Residents Have No Automatic Constitutional Right to Bond Hearings Pending Removal Sosnava Rodriguez v. Vergara United States Court of Appeals for the Fifth Circuit, en banc October 23,...

LLC-Only Insurance Does Not Cover an Owner’s Personal Income Loss: Capacity, Proof, and Summary Judgment

Date: Oct 27, 2026

LLC-Only Insurance Does Not Cover an Owner’s Personal Income Loss: Capacity, Proof, and Summary Judgment Case: Ward v. State Farm Court: United States Court of Appeals for the Fifth Circuit Decision...

Extraordinary Workers’ Compensation Benefits Require the Statutory Physician Certification Form

Date: Oct 27, 2026

Extraordinary Workers’ Compensation Benefits Require the Statutory Physician Certification Form Case: Jerry R. Burkes v. Sysco, Knoxville, LLC, et al. Court: Supreme Court of Tennessee, Special...

Compliance With Listed Permit Conditions Does Not Compel Approval When Land-Use Impact Standards Remain Unmet

Date: Oct 27, 2026

Compliance With Listed Permit Conditions Does Not Compel Approval When Land-Use Impact Standards Remain Unmet Case: Beachcomber, LLC v. Kenai Peninsula Borough Planning Commission Court: Supreme...

Pennsylvania Intent-to-Terrorize Threats Are CIMTs, but Internal Relocation Is Not Dispositive of CAT Protection

Date: Oct 26, 2026

Pennsylvania Intent-to-Terrorize Threats Are CIMTs, but Internal Relocation Is Not Dispositive of CAT Protection Case: Jesus Diaz v. Attorney General United States of America Court: United States...

Section 404 Permit Challenges Proceed Under the APA: Upholding a Project-Wide Wetlands Alternatives Analysis

Date: Oct 25, 2026

Section 404 Permit Challenges Proceed Under the APA: Upholding a Project-Wide Wetlands Alternatives Analysis Case: South Carolina Coastal Conservation League v. United States Army Corps of Engineers,...

Avoided Liens and Single Satisfaction: No Additional Monetary Recovery When Preservation Restores the Estate

Date: Oct 25, 2026

Avoided Liens and Single Satisfaction: No Additional Monetary Recovery When Preservation Restores the Estate Ella Coney v. Harvey Sender, BAP No. CO-25-023, United States Bankruptcy Appellate Panel...

Pennsylvania’s Omnibus Court Reforms: Uniform Inactive-Case Procedures, Civil-Defense Fee Reimbursement, and Centralized Administration

Date: Oct 25, 2026

Pennsylvania’s Omnibus Court Reforms: Uniform Inactive-Case Procedures, Civil-Defense Fee Reimbursement, and Centralized Administration Case: In Re: Omnibus Amendments to the Rules of Judicial...

Timeliness and Litigation Efficiency Limit Interlocutory Review of Substantial Constitutional Questions

Date: Oct 25, 2026

Timeliness and Litigation Efficiency Limit Interlocutory Review of Substantial Constitutional Questions Supreme Court of Delaware | No. 393, 2026 | Decided October 23, 2026 Disposition: Interlocutory...

Religious Discrimination Under the ICRA: Courts May Test Sincerity, but Not Religious Truth

Date: Oct 25, 2026

Religious Discrimination Under the ICRA: Courts May Test Sincerity, but Not Religious Truth Case: Andrew Perry v. Dordt University Court: Supreme Court of Iowa Decision: October 23, 2026 Opinion:...

Successive Brady Claims in Nebraska Require an Affirmative Showing of Prior Unavailability

Date: Oct 25, 2026

Successive Brady Claims in Nebraska Require an Affirmative Showing of Prior Unavailability Case: State v. Lotter, 322 Neb. 650 Court: Supreme Court of Nebraska Decided: October 23, 2026 Disposition:...

Unresolved Attorney Fees Prevent Finality of a Probate Claim-Allowance Order

Date: Oct 25, 2026

Unresolved Attorney Fees Prevent Finality of a Probate Claim-Allowance Order Case: In re Estate of Mankhey, 322 Neb. 704 Court: Supreme Court of Nebraska Filed: October 23, 2026 Disposition: Appeal...

Previously Resolved Tower-Dump Admissibility Cannot Be Relitigated Through Reframed Ineffective-Assistance Claims

Date: Oct 25, 2026

Previously Resolved Tower-Dump Admissibility Cannot Be Relitigated Through Reframed Ineffective-Assistance Claims Case: State v. Elias, 322 Neb. 671 Court: Supreme Court of Nebraska Decided: October...

Successive Brady Claims in Nebraska: Recent Receipt of Records Does Not Establish Earlier Unavailability

Date: Oct 25, 2026

Successive Brady Claims in Nebraska: Recent Receipt of Records Does Not Establish Earlier Unavailability Case: State v. Lotter, 322 Neb. 650 Court: Supreme Court of Nebraska Filed: October 23, 2026...

Deferred-Judgment Probation Is a “Sentence” for Nebraska’s Excessive-Leniency Appeals

Date: Oct 25, 2026

Deferred-Judgment Probation Is a “Sentence” for Nebraska’s Excessive-Leniency Appeals Case: State v. Prince, 322 Neb. 684 Court: Supreme Court of Nebraska Decided: October 23, 2026 Disposition:...

DUI Arrest and Continued Prosecution: Qualified Immunity Denied Under Established Probable-Cause Principles

Date: Oct 25, 2026

DUI Arrest and Continued Prosecution: Qualified Immunity Denied Under Established Probable-Cause Principles Case: Bryant Arrey v. Jonathan Zebley, No. 25-3229 Court: United States Court of Appeals...

Title VII: Material Supervisory Differences Defeat a Comparator Theory, and Timing Does Not Cure Missing Retaliatory Causation

Date: Oct 25, 2026

Title VII: Material Supervisory Differences Defeat a Comparator Theory, and Timing Does Not Cure Missing Retaliatory Causation Case: Jack Kahriger v. U.S. Department of Health and Human Services...

Constitutional Challenges Belong Under § 2255, Not Compassionate Release: United States v. Jones

Date: Oct 25, 2026

Constitutional Challenges Belong Under § 2255, Not Compassionate Release Commentary on United States v. Jones, No. 24-5034, United States Court of Appeals for the Tenth Circuit, October 23, 2026....