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

Pleading Essential-Functions Capability in ADA/NYCHRL Failure-to-Accommodate Claims: Prior Successful Remote Work and Employer Practice Can Suffice at Rule 12(b)(6)

Date: Jul 27, 2026

Pleading Essential-Functions Capability in ADA/NYCHRL Failure-to-Accommodate Claims: Prior Successful Remote Work and Employer Practice Can Suffice at Rule 12(b)(6) Introduction In Cangro v. NYC...

Conditional Plea Waiver in Wyoming: Ineffective Assistance Claims Require a Voluntariness Nexus; Kitzke Limited

Date: Jul 27, 2026

Conditional Plea Waiver in Wyoming: Ineffective Assistance Claims Require a Voluntariness Nexus; Kitzke Limited Introduction In Thomas Avery Glenn v. The State of Wyoming, 2026 WY 85, the Wyoming...

State v. West (Kan. 2026): Joinder Requires Multiple Commonalities; K.S.A. 60-455 Admissibility Not a Prerequisite

Date: Jul 27, 2026

State v. West (Kan. 2026): Joinder Requires Multiple Commonalities; K.S.A. 60-455 Admissibility Not a Prerequisite 1. Introduction In State v. West (Supreme Court of Kansas, July 24, 2026), Laroy M....

State v. Scott: Enumerated Jessica’s Law Mitigators Must Be Considered; Erroneous Exclusion Is Subject to Harmless-Error Review

Date: Jul 27, 2026

State v. Scott: Enumerated Jessica’s Law Mitigators Must Be Considered; Erroneous Exclusion Is Subject to Harmless-Error Review 1. Introduction In State v. Scott (Kan. 2026), the Kansas Supreme Court...

Postconviction DNA Testing Denied When Testing Cannot Yield Noncumulative, Exculpatory Evidence (Kansas K.S.A. 21-2512)

Date: Jul 27, 2026

Postconviction DNA Testing Denied When Testing Cannot Yield Noncumulative, Exculpatory Evidence (Kansas K.S.A. 21-2512) 1. Introduction In State v. Dotson (Kan. July 24, 2026), the Kansas Supreme...

People v. Cooper — Minimal Inquiry Requires a Fair Opportunity to Be Heard Before Denying Substitute Counsel

Date: Jul 27, 2026

Minimal Inquiry Requires a Fair Opportunity to Be Heard Before Denying Substitute Counsel Introduction In People v Cooper (2026 NY Slip Op 04561 [1st Dept July 23, 2026]), the Appellate Division,...

Post-Roberts J-51 Deregulations: Totality-of-Circumstances Fraud Can Be Resolved on Summary Judgment; Pre-Roberts Requires Trial Where Intent Is Disputed

Date: Jul 27, 2026

Post-Roberts J-51 Deregulations: Totality-of-Circumstances Fraud Can Be Resolved on Summary Judgment; Pre-Roberts Requires Trial Where Intent Is Disputed Case: Najera-Ordonez v. 260 Partners L.P.,...

Matter of Lemoine: Reciprocal Disbarment and “Venal Intent” for Misuse of Escrowed Client/Third-Party Funds

Date: Jul 27, 2026

Matter of Lemoine: Reciprocal Disbarment and “Venal Intent” for Misuse of Escrowed Client/Third-Party Funds Court: Appellate Division of the Supreme Court, New York, First Department (Per Curiam)...

Denemark v New Chapter Capital, Inc.: When “Litigation Funding” Becomes a Usurious Loan

Date: Jul 27, 2026

Denemark v New Chapter Capital, Inc.: Litigation Funding Is a Usurious Loan When Repayment Is Effectively Guaranteed (Security Interest, Escrow Controls, and “Trigger” Guaranties) 1. Introduction In...

Missouri Rule 74.06(b)(5): A Change in Law Alone Cannot Dissolve a Permanent Injunction; Changed Facts and Equity Must Be Proven

Date: Jul 27, 2026

Missouri Rule 74.06(b)(5): A Change in Law Alone Cannot Dissolve a Permanent Injunction; Changed Facts and Equity Must Be Proven 1. Introduction Glendale Shooting Club, Inc. v. Landolt (Mo. banc July...

Rule 60(a) Correction of Attorney-Drafted Findings That Deviate from Oral Custody Rulings; Law of the Case Bars Late Clear-Error Attacks

Date: Jul 27, 2026

Rule 60(a) Correction of Attorney-Drafted Findings That Deviate from Oral Custody Rulings; Law of the Case Bars Late Clear-Error Attacks 1. Introduction Darren M. v. Destiny D. (Alaska Supreme Court,...

FCRA § 1681s-2(b): Forfeiture of “Reasonable Investigation” Challenges and When a Furnisher’s Investigation Is “Beyond Question” at Summary Judgment

Date: Jul 26, 2026

FCRA § 1681s-2(b): Forfeiture of “Reasonable Investigation” Challenges and When a Furnisher’s Investigation Is “Beyond Question” at Summary Judgment 1. Introduction In Claudette Jordan v. M&T Bank...

Sixth Circuit Requires Apparent Aggregate-Risk Analysis for CAT Claims and Adequate Explanation for Inconsistent Expert-Qualification Rulings

Date: Jul 26, 2026

Sixth Circuit Requires Apparent Aggregate-Risk Analysis for CAT Claims and Adequate Explanation for Inconsistent Expert-Qualification Rulings I. Introduction In Maher Sabri Hanna v. Todd W. Blanche,...

Overbreadth Without Prejudice: Two-Step Digital Warrants and Mandatory Consideration of Acquitted-Conduct Objections at Sentencing (Sixth Circuit)

Date: Jul 26, 2026

Overbreadth Without Prejudice: Two-Step Digital Warrants and Mandatory Consideration of Acquitted-Conduct Objections at Sentencing (Sixth Circuit) Case: United States v. Martin Murff (consolidated...

Seventh Circuit: Failure-to-Warn Causation Requires Non-Speculative Proof That an Alternative Label Would Have Changed Medical Feeding Decisions

Date: Jul 25, 2026

Seventh Circuit: Failure-to-Warn Causation Requires Non-Speculative Proof That an Alternative Label Would Have Changed Medical Feeding Decisions Case: Ericka Mar v. Abbott Laboratories (In re: Abbott...

United States v. Barnett K. Fung (7th Cir. July 24, 2026) Commentary

Date: Jul 25, 2026

Pharmacist–Prescriber Communications as Lay Testimony and “Isolated, Inadvertent” Addiction References: Seventh Circuit Guardrails in § 841(a) Prescriber Prosecutions United States v. Barnett K....

Bankruptcy Proofs of Claim Must Show an Enforceable Right to Payment at Filing

Date: Jul 25, 2026

Bankruptcy Proofs of Claim Must Show an Enforceable Right to Payment at Filing Case: Bay United Holdings, LLC. v. INXS 7, LLC (In Re: Aegis Asset Management, LLC) Court: United States Court of...

Harding v. Seminole County Sheriff: No Title VII/FCRA Employer Liability Absent Supervisory Power or Notice; Probable Cause for Each Charged Offense Defeats § 1983/Fla. Malicious Prosecution

Date: Jul 25, 2026

Harding v. Seminole County Sheriff: No Title VII/FCRA Employer Liability Absent Supervisory Power or Notice; Probable Cause for Each Charged Offense Defeats § 1983/Fla. Malicious Prosecution 1....

Leiser v. Virginia State Bar: RPC 8.2 Is Constitutional and Reaches False/Reckless Integrity Attacks on Any Judicial Officer (Including the Judiciary as a Whole)

Date: Jul 25, 2026

Leiser v. Virginia State Bar: RPC 8.2 Is Constitutional and Reaches False/Reckless Integrity Attacks on Any Judicial Officer (Including the Judiciary as a Whole) 1. Introduction In Leiser v. Virginia...

Recruitment Travel Can Satisfy § 2421 “Dominant Purpose” Intent; Firearms, Isolation, and Threat Displays Establish § 1591 Coercion

Date: Jul 25, 2026

Recruitment Travel Can Satisfy § 2421 “Dominant Purpose” Intent; Firearms, Isolation, and Threat Displays Establish § 1591 Coercion I. Introduction In United States v. Portier Govan (6th Cir. July...