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

Objective, Committee-Based Justification Suffices for ADA Fitness-for-Duty Exams in Patient-Safety Roles

Date: Jul 22, 2026

Objective, Committee-Based Justification Suffices for ADA Fitness-for-Duty Exams in Patient-Safety Roles I. Introduction In Joseph Christophe Isaac Robitaille v. Trinity Health Grand Rapids, the...

Markatos v. Zoning Board of Appeals — Commentary

Date: Jul 22, 2026

“Material Change” Means a Significant Change in Character and “Intensification” Means a Meaningful Increase in Degree Under Special Permit Conditions (Not the Nonconforming-Use Test) Introduction In...

R.C. 2953.73(D) “Reasons” Requirement Satisfied by Stating a Statutory Ground for Accepting or Rejecting Postconviction DNA Testing

Date: Jul 22, 2026

R.C. 2953.73(D) “Reasons” Requirement Satisfied by Stating a Statutory Ground for Accepting or Rejecting Postconviction DNA Testing 1. Introduction In State v. Lash, Slip Opinion No. 2026-Ohio-2746,...

AEDPA Deference to State Brady/Strickland No-Prejudice Findings When Suppressed Evidence Is Cumulative of Disclosed Materials

Date: Jul 22, 2026

AEDPA Deference to State Brady/Strickland No-Prejudice Findings When Suppressed Evidence Is Cumulative of Disclosed Materials I. Introduction Jeffrey Hineman v. Daisy Chase is a federal habeas case...

Concealed Self-Payment from Investor Funds Is a Material Misrepresentation Supporting Wire-Fraud Liability (Narrowing Weimert)

Date: Jul 22, 2026

Concealed Self-Payment from Investor Funds Is a Material Misrepresentation Supporting Wire-Fraud Liability (Narrowing Weimert) 1. Introduction In United States v. Giulio Palma (7th Cir. July 20,...

July 21, 2026 Supreme Court of Ohio Case Announcements: Procedural Dispositions, Sua Sponte Dismissals, and Record-Completion Enforcement

Date: Jul 22, 2026

July 21, 2026 Supreme Court of Ohio Case Announcements: Procedural Dispositions, Sua Sponte Dismissals, and Record-Completion Enforcement 1. Introduction The Supreme Court of Ohio’s July 21, 2026...

Federal Guidance–Driven Compliance Moots Free-Exercise Challenge to SSN-Based CLP Denial; Reasonable Regulatory Enforcement Supports Qualified Immunity

Date: Jul 22, 2026

Federal Guidance–Driven Compliance Moots Free-Exercise Challenge to SSN-Based CLP Denial; Reasonable Regulatory Enforcement Supports Qualified Immunity 1. Introduction Case: Lindsay Dyda v. Michigan...

Eminent Domain in New Jersey: Condemned Land Cannot Serve as “Currency” for a Public-Benefit Land Swap

Date: Jul 22, 2026

Eminent Domain in New Jersey: Condemned Land Cannot Serve as “Currency” for a Public-Benefit Land Swap I. Introduction Case: Township of Jackson v. Getzel Bee, LLC; Township of Jackson v. Bellevue...

Exclusive State Forester Review: Municipal Assessors Lack Power to Terminate Erroneous Forest Land Classifications

Date: Jul 22, 2026

Exclusive State Forester Review: Municipal Assessors Lack Power to Terminate Erroneous Forest Land Classifications 1. Introduction In Campelli v. Mansfield (Supreme Court of Connecticut, officially...

Ordinance-Authorized Municipal Revenue Pledges Are Consensual (Not Statutory) Liens; Pennsylvania Gaming “Local Share” Payments Are Fees (Not Special Excise Taxes) in Chapter 9

Date: Jul 22, 2026

Ordinance-Authorized Municipal Revenue Pledges Are Consensual (Not Statutory) Liens; Pennsylvania Gaming “Local Share” Payments Are Fees (Not Special Excise Taxes) in Chapter 9 I. Introduction Case:...

Plain-Error Relief Denied When Permissible Factors Independently Support a Vulnerable-Victim Enhancement

Date: Jul 22, 2026

Plain-Error Relief Denied When Permissible Factors Independently Support a Vulnerable-Victim Enhancement 1. Introduction United States v. Moss (10th Cir. July 20, 2026) addresses how appellate courts...

8 U.S.C. § 1252(b)(9) Channels Speech-Based “Retaliatory Removal/Detention” Habeas Claims to the Petition-for-Review Process (and Merits Panels May Revisit Motions-Panel Jurisdiction Views)

Date: Jul 22, 2026

8 U.S.C. § 1252(b)(9) Channels Speech-Based “Retaliatory Removal/Detention” Habeas Claims to the Petition-for-Review Process (and Merits Panels May Revisit Motions-Panel Jurisdiction Views) Case:...

Nuanced Training Gaps in Multi-Unit Warrant Execution Do Not Support Single-Incident Monell Liability Absent a Pattern

Date: Jul 22, 2026

Nuanced Training Gaps in Multi-Unit Warrant Execution Do Not Support Single-Incident Monell Liability Absent a Pattern 1. Introduction In Felishatay Alvarado v. City of Philadelphia (3d Cir. July 17,...

Confirmed Plan Elections Are Irrevocable: Claimants Cannot Rescind an Expedited Distribution Choice Without an Impermissible Plan Modification

Date: Jul 22, 2026

Confirmed Plan Elections Are Irrevocable: Claimants Cannot Rescind an Expedited Distribution Choice Without an Impermissible Plan Modification 1. Introduction This Third Circuit decision arises from...

Countrywide “Women” PSG Requires a Record-Based Unifying Targeting Characteristic; Generalized Gender Violence Is Not Enough

Date: Jul 22, 2026

Countrywide “Women” PSG Requires a Record-Based Unifying Targeting Characteristic; Generalized Gender Violence Is Not Enough Nonprecedential disposition: The Third Circuit designated this opinion...

Ordinance-Authorized Municipal Revenue Pledges Are Consensual (Not Statutory) Liens, and Pennsylvania Gaming “Operation Fees” Are Not “Special Excise Taxes” in Chapter 9

Date: Jul 22, 2026

Ordinance-Authorized Municipal Revenue Pledges Are Consensual (Not Statutory) Liens, and Pennsylvania Gaming “Operation Fees” Are Not “Special Excise Taxes” in Chapter 9 1. Introduction In re: City...

Third Circuit En Banc: De Facto Bans on Commonly Used Semi-Automatic Rifles and >10-Round Magazines Violate the Second Amendment

Date: Jul 22, 2026

Third Circuit En Banc: De Facto Bans on Commonly Used Semi-Automatic Rifles and >10-Round Magazines Violate the Second Amendment Case: Association of New Jersey Rifle and Pistol Clubs I v. Attorney...

Third Circuit (en banc): Common-Use Addressed at Bruen Step Two; New Jersey’s De Facto Bans on Semi-Automatic Rifles and >10-Round Magazines Unconstitutional

Date: Jul 22, 2026

Third Circuit (en banc): Common-Use Addressed at Bruen Step Two; New Jersey’s De Facto Bans on Semi-Automatic Rifles and >10-Round Magazines Unconstitutional I. Introduction In Association of New...

Hayden v. Koons: Constructive Discovery in Copyright Accrual Does Not Require “Inquiry Notice” or Actual Knowledge of Triggering Facts

Date: Jul 22, 2026

Hayden v. Koons: Constructive Discovery in Copyright Accrual Does Not Require “Inquiry Notice” or Actual Knowledge of Triggering Facts 1. Introduction Parties and setting. Hayden v. Koons is a Second...

Casual Third-Party Expressions of Guilt May Not Require a New Trial When No Outside Facts Are Introduced and the Evidence Is Overwhelming

Date: Jul 22, 2026

Casual Third-Party Expressions of Guilt May Not Require a New Trial When No Outside Facts Are Introduced and the Evidence Is Overwhelming Introduction United States v. Malcolm Whiteside (7th Cir....