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

Missing Written Jury Instructions Do Not Alone Require Reversal When a Supplemented Record Establishes Complete Instructions

Date: Oct 21, 2026

Missing Written Jury Instructions Do Not Alone Require Reversal When a Supplemented Record Establishes Complete Instructions Case: Carr v. State of Mississippi Court: Supreme Court of Mississippi...

Premises-Safety Experts Must Demonstrate Field-Specific Expertise and Reliable Methods

Date: Oct 21, 2026

Premises-Safety Experts Must Demonstrate Field-Specific Expertise and Reliable Methods Case: Park Wind Apartments, LLC v. Mayze Court: Supreme Court of Mississippi, en banc Decision: October 15, 2026...

School-Board Book Removals Under Existing Policies: Administrative Acts Outside Legislative Privilege

Date: Oct 21, 2026

School-Board Book Removals Under Existing Policies: Administrative Acts Outside Legislative Privilege Case: Pen American Center, Inc. v. Carissa Bergosh Court: United States Court of Appeals for the...

Applying Existing School-Library Policies Is Administrative: Limits on Legislative Privilege for Book-Removal Votes

Date: Oct 21, 2026

Applying Existing School-Library Policies Is Administrative: Limits on Legislative Privilege for Book-Removal Votes Case: Pen American Center, Inc. v. Kevin Adams Court: United States Court of...

Georgia Official Immunity: Evidence-Only Disputes Cannot Support an Immediate Appeal

Date: Oct 21, 2026

Georgia Official Immunity: Evidence-Only Disputes Cannot Support an Immediate Appeal Case: Bordeau Metals, LLC v. Jamie McCord Court: United States Court of Appeals for the Eleventh Circuit Date:...

Younger Dismissals Must Be Without Prejudice; Absolute Immunity Bars Damages for Protected Judicial and Prosecutorial Acts

Date: Oct 21, 2026

Younger Dismissals Must Be Without Prejudice; Absolute Immunity Bars Damages for Protected Judicial and Prosecutorial Acts Case: Derrel Thomas v. Kurt Hitzemann, No. 25-13693 Court: United States...

Bankruptcy Does Not Automatically Stay a Debtor-Initiated Lawsuit: Pleading and Amendment Limits in Myers

Date: Oct 21, 2026

Bankruptcy Does Not Automatically Stay a Debtor-Initiated Lawsuit: Pleading and Amendment Limits in Myers Case: Gregory Myers v. U.S. Bank National Association Court: United States Court of Appeals...

A Debtor’s Own Lawsuit Is Not Automatically Stayed by Bankruptcy: Pleading and Amendment Limits in Myers

Date: Oct 21, 2026

A Debtor’s Own Lawsuit Is Not Automatically Stayed by Bankruptcy: Pleading and Amendment Limits in Myers Case: Gregory Myers v. U.S. Bank National Association Court: United States Court of Appeals...

Rooker–Feldman’s Narrow Reach: Independent Constitutional Challenges to State Postconviction Procedures

Date: Oct 21, 2026

Rooker–Feldman’s Narrow Reach: Independent Constitutional Challenges to State Postconviction Procedures Case: Raymond Greene v. Wesley Pipes Court: United States Court of Appeals for the Eleventh...

Breach Claims Require an Operative Contractual Duty: Preserving Alternative Theories and Requests to Amend

Date: Oct 21, 2026

Breach Claims Require an Operative Contractual Duty: Preserving Alternative Theories and Requests to Amend Case: Thomas E. Beeson and Donna L. Beeson v. Continental Properties Company, Inc. and...

Cumulative Credibility Defects and Nigerian Citizenship by Descent in Immigration Proceedings

Date: Oct 21, 2026

Cumulative Credibility Defects and Nigerian Citizenship by Descent in Immigration Proceedings Case: Frank Joel Achu Tsi v. Todd Blanche Court: United States Court of Appeals for the Sixth Circuit...

An Obvious Medical Need Requires No Separate Showing of Grossly Inadequate Care

Date: Oct 21, 2026

An Obvious Medical Need Requires No Separate Showing of Grossly Inadequate Care Persistent ineffective treatment and the limits of summary judgment in prison medical-care litigation Case: Joshua...

Affirmative Sentencing Choices Waive Appellate Challenges, and Counterfeit-Drug Loss May Include Buyers’ Full Payments

Date: Oct 21, 2026

Affirmative Sentencing Choices Waive Appellate Challenges, and Counterfeit-Drug Loss May Include Buyers’ Full Payments Case: United States v. Michael Basalyga, consolidated with the appeal of Reina...

Affirmative Waiver Limits Sentencing Appeals; Counterfeit-Drug Loss Can Include Buyers’ Full Payments

Date: Oct 21, 2026

Affirmative Waiver Limits Sentencing Appeals; Counterfeit-Drug Loss Can Include Buyers’ Full Payments Case: United States v. Reina Chirinos de Urena, consolidated with Michael Basalyga’s appeal, Nos....

The 2025 Sentencing Guidelines Preserve Fact-Specific Mitigation and Limits on Substantial-Assistance Appeals

Date: Oct 21, 2026

The 2025 Sentencing Guidelines Preserve Fact-Specific Mitigation and Limits on Substantial-Assistance Appeals Case: United States v. Richard Hunt Court: United States Court of Appeals for the Sixth...

Expressly Protected Third-Party Beneficiaries May Enforce Arbitration Without Signing the Agreement

Date: Oct 21, 2026

Expressly Protected Third-Party Beneficiaries May Enforce Arbitration Without Signing the Agreement Case: UATP Management, LLC; UATP IP, LLC; UA Attractions, LLC; Rachelle Nurse-Goodly; and Joseph...

CFIUS Review Does Not Impliedly Preempt Texas’s Restrictions on Foreign Access to Critical Infrastructure

Date: Oct 19, 2026

CFIUS Review Does Not Impliedly Preempt Texas’s Restrictions on Foreign Access to Critical Infrastructure Case: GH America v. Fohn, No. 25-50879 Court: United States Court of Appeals for the Fifth...

Joint Expert Reports Must Identify the Designated Expert’s Own Opinions and Analysis

Date: Oct 19, 2026

Joint Expert Reports Must Identify the Designated Expert’s Own Opinions and Analysis Case: Cain v. State Farm, No. 25-60442 Court: United States Court of Appeals for the Fifth Circuit Decision:...

Physicians and Physician Assistants Practice in Substantially Similar Fields Under Iowa’s Medical-Expert Qualification Statute

Date: Oct 19, 2026

Physicians and Physician Assistants Practice in Substantially Similar Fields Under Iowa’s Medical-Expert Qualification Statute Case: Joshua Davenport v. Nathanael K. Fuller Court: Supreme Court of...

Specific Attorney-Discipline Confidentiality Rules Prevail over Iowa’s General Open Records Requirements

Date: Oct 19, 2026

Specific Attorney-Discipline Confidentiality Rules Prevail over Iowa’s General Open Records Requirements Case: Robert Teig v. Iowa Judicial Branch, Molly Weber, Robert Gast, Nicholas Critelli, Iowa...