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

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....

Rule 403 and Voir Dire Limit the Use of Homicide Charges to Prove Flight Motive

Date: Oct 25, 2026

Rule 403 and Voir Dire Limit the Use of Homicide Charges to Prove Flight Motive Case: United States v. Barros Brandao, No. 25-1486 Court: United States Court of Appeals for the First Circuit Decided:...

Coconspirator Statements and Cumulative Error: Record-Supported Admission and Overwhelming Independent Evidence Sustain Conspiracy Convictions

Date: Oct 25, 2026

Coconspirator Statements and Cumulative Error: Record-Supported Admission and Overwhelming Independent Evidence Sustain Conspiracy Convictions Case: United States v. Millan-Machuca, Nos. 20-1275,...

Coconspirator Statements and Cumulative Harmlessness: Corroboration and Independent Evidence Sustain Conspiracy Convictions

Date: Oct 25, 2026

Coconspirator Statements and Cumulative Harmlessness: Corroboration and Independent Evidence Sustain Conspiracy Convictions Case: United States v. Quinones-Santiago, Nos. 20-1275, 20-1276, 20-1283...

Assumed Coconspirator-Statement Errors Do Not Require Reversal Without Individual or Cumulative Prejudice

Date: Oct 24, 2026

Assumed Coconspirator-Statement Errors Do Not Require Reversal Without Individual or Cumulative Prejudice Case: United States v. Rosario-Orangel Court: United States Court of Appeals for the First...

Supplemental Federal Flood-Insurance Claims Require Amount-Specific Proofs of Loss

Date: Oct 24, 2026

Supplemental Federal Flood-Insurance Claims Require Amount-Specific Proofs of Loss Case: Bay Haven at Coco Bay Condominium Association, Inc v. Hartford Insurance Company of the Midwest Court: United...

Codefendant Sentencing Comparisons Are Permissible Within an Individualized § 3553(a) Analysis

Date: Oct 24, 2026

Codefendant Sentencing Comparisons Are Permissible Within an Individualized § 3553(a) Analysis Case: United States v. Emmanuel Othello Court: United States Court of Appeals for the Eleventh Circuit...

Material Loan Fraud Does Not Require Intended Economic Harm: United States v. Guerby Rene

Date: Oct 24, 2026

Material Loan Fraud Does Not Require Intended Economic Harm: United States v. Guerby Rene Court: United States Court of Appeals for the Eleventh Circuit Date: October 23, 2026 Case: No. 24-13113...

Facial Challenges to Public-Education DEI Laws Require Application-by-Application Review

Date: Oct 24, 2026

Facial Challenges to Public-Education DEI Laws Require Application-by-Application Review Case: Jackson Fed of Tchr v. Fitch Court: United States Court of Appeals for the Fifth Circuit Decided:...

FOIA Permits Prospective Online-Publication Injunctions to Remedy Ongoing Reading-Room Violations

Date: Oct 24, 2026

FOIA Permits Prospective Online-Publication Injunctions to Remedy Ongoing Reading-Room Violations Case: La Union v. FEMA, No. 24-40756 Court: United States Court of Appeals for the Fifth Circuit...

Arguable Probable Cause Under an Ambiguous Curfew Supports Qualified Immunity

Date: Oct 24, 2026

Arguable Probable Cause Under an Ambiguous Curfew Supports Qualified Immunity Case: Rincon v. Ibarra, No. 25-40820 Court: United States Court of Appeals for the Fifth Circuit Decision date: October...

Reconsideration Does Not Restart Insurance-Claim Limitations Unless the Insurer Withdraws or Changes Its Decision

Date: Oct 24, 2026

Reconsideration Does Not Restart Insurance-Claim Limitations Unless the Insurer Withdraws or Changes Its Decision Case: Mark Schnatzmeyer and Carole Sandlin v. State Farm Lloyds Court: United States...

CAT Deferral Cannot Rest on Speculative Chains of Harm: Clear-Error Review in Tuang v. Blanche

Date: Oct 24, 2026

CAT Deferral Cannot Rest on Speculative Chains of Harm: Clear-Error Review in Tuang v. Blanche Court: United States Court of Appeals for the Fifth Circuit Date: October 22, 2026 Case: No. 25-60394...

A Pending Appeal Does Not Bar a Supervision Transfer That Leaves the Appealed Conditions Unchanged

Date: Oct 24, 2026

A Pending Appeal Does Not Bar a Supervision Transfer That Leaves the Appealed Conditions Unchanged United States v. Estrada, No. 25-50963, Court of Appeals for the Fifth Circuit, October 22, 2026....

Pleading Disability Discrimination: Social Awkwardness Alone Does Not Establish Disability-Based Exclusion

Date: Oct 24, 2026

Pleading Disability Discrimination: Social Awkwardness Alone Does Not Establish Disability-Based Exclusion Case: Zimmer v. Estrada, No. 26-10046 Court: United States Court of Appeals for the Fifth...

Moreno v. Bondi: Diligence and Prejudice Requirements Limit Ineffective-Assistance Challenges to Removal Proceedings

Date: Oct 24, 2026

Moreno v. Bondi: Diligence and Prejudice Requirements Limit Ineffective-Assistance Challenges to Removal Proceedings Court: United States Court of Appeals for the Tenth Circuit Date: October 23, 2026...

United States v. Luker: Settled Law Forecloses a Certificate of Appealability on Ineffective-Assistance Claims

Date: Oct 24, 2026

United States v. Luker: Settled Law Forecloses a Certificate of Appealability on Ineffective-Assistance Claims Court: United States Court of Appeals for the Tenth Circuit Date: October 23, 2026 Case...