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

Title VII “Single-Pile” Causation Allows Culture-and-Process Evidence to Defeat Summary Judgment; HR Managers’ Reporting Is Protected Opposition Without a Heightened “HR Exception”

Date: Jul 24, 2026

Title VII “Single-Pile” Causation Allows Culture-and-Process Evidence to Defeat Summary Judgment; HR Managers’ Reporting Is Protected Opposition Without a Heightened “HR Exception” Case: Debra Pratt...

Foreclosure-Era Relocation Fees and Good-Faith Lease Renewals Are Not Per Se Takings When They Function as Landlord–Tenant Regulation

Date: Jul 24, 2026

Foreclosure-Era Relocation Fees and Good-Faith Lease Renewals Are Not Per Se Takings When They Function as Landlord–Tenant Regulation I. Introduction In BBLI Edison, LLC v. City of Chicago (7th Cir....

Eleventh Circuit: The Bureau of Prisons ARP Forecloses New Bivens Medical-Care Claims Even When an Estate Cannot Use the Process After Death

Date: Jul 24, 2026

Eleventh Circuit: The Bureau of Prisons ARP Forecloses New Bivens Medical-Care Claims Even When an Estate Cannot Use the Process After Death 1. Introduction In Carrin v. Smiledge (11th Cir. July 23,...

Fifth Amendment “Reasonableness” Limits Rule 4(k)(2) Jurisdiction Over Foreign Defendants in Helms‑Burton Trafficking Suits

Date: Jul 24, 2026

Fifth Amendment “Reasonableness” Limits Rule 4(k)(2) Jurisdiction Over Foreign Defendants in Helms‑Burton Trafficking Suits Case: Luis Manuel Rodriguez v. Imperial Brands, PLC (11th Cir. July 23,...

Tang v. State (Del. 2026) — No Per Se Duty to Activate MVR at First Suspicion; BAC Results Admissible Without Manufacturer Manual Upon Adequate Foundation

Date: Jul 24, 2026

No Per Se Duty to Activate Dash-Cam at First Suspicion; BAC Results Admissible Without Manufacturer Manual When an Adequate Foundation Is Laid Introduction Tang v. State (Del. July 23, 2026)...

Rule 40(e)(1) Nighttime-Execution Violations Do Not Trigger Automatic Suppression Absent a Constitutional Violation, Bad Faith, or Prejudice

Date: Jul 24, 2026

Rule 40(e)(1) Nighttime-Execution Violations Do Not Trigger Automatic Suppression Absent a Constitutional Violation, Bad Faith, or Prejudice Introduction In State v. Jaramillo, 2026 UT 20, the Utah...

In re J.M.: Nonjudicial Adjustment Ineligibility Is an Objective Felony Inquiry, and Prosecutors May File a Petition to Correct an Improper Diversion

Date: Jul 24, 2026

In re J.M.: Nonjudicial Adjustment Ineligibility Is an Objective Felony Inquiry, and Prosecutors May File a Petition to Correct an Improper Diversion 1. Introduction Case: In re J.M., 2026 UT 21...

AEDPA Finality in Florida: A Written DCA Opinion Makes Discretionary Florida Supreme Court Review “Available,” Triggering a 30-Day (Not 90-Day) Finality Date When No Review Is Sought

Date: Jul 24, 2026

AEDPA Finality in Florida: A Written DCA Opinion Makes Discretionary Florida Supreme Court Review “Available,” Triggering a 30-Day (Not 90-Day) Finality Date When No Review Is Sought Introduction In...

County of Fulton Confined: Appellate Courts Cannot Use Fulton to Impose Trial-Level Fee Liability on Counsel Absent Trial-Court Findings

Date: Jul 24, 2026

County of Fulton Confined: Appellate Courts Cannot Use County of Fulton to Impose Trial-Level Fee Liability on Counsel Absent Trial-Court Findings 1. Introduction In Lukasik, G. v. Scotchlas, S.;...

Henson v. SCDC: No Interlocutory Appeals of Class Certification and Predominance Inherent in Rule 23(a)

Date: Jul 24, 2026

Henson v. SCDC: No Interlocutory Appeal of Class-Certification Orders; “Predominance” and a Qualitative Commonality Test Are Inherent in Rule 23(a) Court: Supreme Court of South Carolina Date: July...

Probation Has a Fixed Expiration Date: No Judge-Made “Absconding Extension,” and Bench Warrants Do Not Toll Without Proof at Gagnon II

Date: Jul 24, 2026

Probation Has a Fixed Expiration Date: No Judge-Made “Absconding Extension,” and Bench Warrants Do Not Toll Without Proof at Gagnon II Case: Commonwealth v. Hitchner (Pa. July 21, 2026) Court:...

Juvenile Adjudications May Rebut “Peaceful and Law-Abiding” Reputation Evidence: § 6354(b)(4) Not Limited by Pa.R.E. 405(a)(2)

Date: Jul 24, 2026

Juvenile Adjudications May Rebut “Peaceful and Law-Abiding” Reputation Evidence: § 6354(b)(4) Not Limited by Pa.R.E. 405(a)(2) Commentary on Commonwealth v. Serrano-Delgado (Pa. July 21, 2026)...

Ordinary Waiver, Not “Departure” Waiver: Article I, Section 8 Challenges Must Be Raised at Suppression Under Pa.R.A.P. 302

Date: Jul 24, 2026

Ordinary Waiver, Not “Departure” Waiver: Article I, Section 8 Challenges Must Be Raised at Suppression Under Pa.R.A.P. 302 1. Introduction Commonwealth v. Shivers reached the Supreme Court of...

Coffman Is Not a Bright-Line Bar to Failure-to-Warn Claims Involving Combined Use of Two Sound Products

Date: Jul 24, 2026

Coffman Is Not a Bright-Line Bar to Failure-to-Warn Claims Involving Combined Use of Two Sound Products 1. Introduction In Sarah Elizabeth Woodruff v. Ford Motor Company (Tenn. July 21, 2026), the...

Coffman Does Not Create a Per Se Bar to Failure-to-Warn Claims Involving Combined Use of Two Sound Products

Date: Jul 24, 2026

Coffman Does Not Create a Per Se Bar to Failure-to-Warn Claims Involving Combined Use of Two Sound Products 1. Introduction In Sarah Elizabeth Woodruff ex rel. Ethan Woodruff v. Ford Motor Company...

Colt’s Neck: “Any Order” in Joint-County Ditch Proceedings Is Immediately Appealable; R.C. 6133.10(A) Requires a Multi-County Panel; Jurisdictional-Priority Errors Are Voidable and Forfeitable

Date: Jul 24, 2026

Colt’s Neck: “Any Order” in Joint-County Ditch Proceedings Is Immediately Appealable; R.C. 6133.10(A) Requires a Multi-County Panel; Jurisdictional-Priority Errors Are Voidable and Forfeitable...

State v. Barnes (2026-Ohio-2750): Marsy’s Law Victims Must Follow App.R. 4(A) and Cannot Use App.R. 5(A) Delayed Appeals Reserved to Defendants

Date: Jul 24, 2026

State v. Barnes (2026-Ohio-2750): Marsy’s Law Victims Must Follow App.R. 4(A) and Cannot Use App.R. 5(A) Delayed Appeals Reserved to Defendants I. Introduction State v. Barnes, Slip Opinion No....

Heatley v. State: Reasonable Doubt Is the Only Mandatory Standard—No “Consistency/Conclusive Guilt” Requirement in Circumstantial-Evidence Jury Charges

Date: Jul 24, 2026

Heatley v. State: Reasonable Doubt Is the Only Mandatory Standard—No “Consistency/Conclusive Guilt” Requirement in Circumstantial-Evidence Jury Charges Court: Supreme Court of South Carolina Date:...

Greenfield Cannot Supply an “Overriding Public Policy” Bar to an Insurer’s Duty to Defend in Sex-Trafficking Negligence Suits

Date: Jul 24, 2026

Greenfield Cannot Supply an “Overriding Public Policy” Bar to an Insurer’s Duty to Defend in Sex-Trafficking Negligence Suits Case: Samsung v. RI Settlement; Apl. of: RI Settlement (Concurring...

IFPA and New Jersey RICO PIP-Fraud Claims Are Not Subject to AICRA PIP Arbitration

Date: Jul 24, 2026

IFPA and New Jersey RICO PIP-Fraud Claims Are Not Subject to AICRA PIP Arbitration 1. Introduction Allstate New Jersey Insurance Company v. Carteret Comprehensive Medical Care, P.C. addresses a...