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

Title VII’s Religious-Employer Exemption Does Not Shield Religiously Motivated Sex Discrimination

Date: Oct 18, 2026

Title VII’s Religious-Employer Exemption Does Not Shield Religiously Motivated Sex Discrimination Commentary on John Doe v. Catholic Relief Services United States Court of Appeals for the Fourth...

Pervasive Trial Misconduct Can Require a New Trial Without a Prior Mistrial Motion

Date: Oct 18, 2026

Pervasive Trial Misconduct Can Require a New Trial Without a Prior Mistrial Motion Case: Banner v. Wright Court: United States Court of Appeals for the Fifth Circuit Decision: October 16, 2026...

Securities Class Certification Requires Weighing Market-Inefficiency Evidence Beyond the Cammer/Krogman Factors

Date: Oct 18, 2026

Securities Class Certification Requires Weighing Market-Inefficiency Evidence Beyond the Cammer/Krogman Factors Case: Bozorgi v. Cassava Sciences Court: United States Court of Appeals for the Fifth...

Systematic Seafood Mislabeling Can Establish Article III Injury Without Exact Substitution Rates

Date: Oct 18, 2026

Systematic Seafood Mislabeling Can Establish Article III Injury Without Exact Substitution Rates Case: McCain v. Mary Mahoney's Court: United States Court of Appeals for the Fifth Circuit Date:...

Appellate Briefing Waiver and the Limits of Review of Later Filing Restrictions

Date: Oct 18, 2026

Appellate Briefing Waiver and the Limits of Review of Later Filing Restrictions Case: Wakat v. Lamar Advertising Co. and related appeals, Nos. 25-5127, 25-5134, 25-5135, and 25-5137 Court: United...

Unbriefed Dismissal Challenges Are Waived; Later, Separately Entered Filing Restrictions Require Their Own Appeal

Date: Oct 18, 2026

Unbriefed Dismissal Challenges Are Waived; Later, Separately Entered Filing Restrictions Require Their Own Appeal Case: Wakat v. Okie Smoke.com Dispensary, decided together with three related appeals...

Appellate Briefing Waiver and the Need to Separately Appeal Later Filing Restrictions

Date: Oct 18, 2026

Appellate Briefing Waiver and the Need to Separately Appeal Later Filing Restrictions Case: Wakat v. Plainview Salvage, decided together with three related appeals Court: United States Court of...

Unbriefed Dismissal Challenges Are Waived; Separate Filing Restrictions Require a Proper Appeal

Date: Oct 18, 2026

Unbriefed Dismissal Challenges Are Waived; Separate Filing Restrictions Require a Proper Appeal Case: Wakat v. Robson and related appeals Court: United States Court of Appeals for the Tenth Circuit...

Suspension-Order Violations Do Not Mechanically Require Disbarment: People v. Mann

Date: Oct 18, 2026

Suspension-Order Violations Do Not Mechanically Require Disbarment: The Proportionality Analysis in People v. Mann Deciding tribunal: Office of the Presiding Disciplinary Judge of the Supreme Court...

Comparative Fault Requires Comparison, Not Merely Proof of Negligence: The Dissent in Darrin Harper v. Lorenzo Reed

Date: Oct 18, 2026

Comparative Fault Requires Comparison, Not Merely Proof of Negligence: The Dissent in Darrin Harper v. Lorenzo Reed Court: Supreme Court of Michigan Date: October 16, 2026 Docket: SC 169770...

Delayed Appeals in Iowa Child Welfare Cases Are Available Only After Termination of the Appealing Parent’s Rights

Date: Oct 18, 2026

Delayed Appeals in Iowa Child Welfare Cases Are Available Only After Termination of the Appealing Parent’s Rights Case: In the Interest of E.S., Minor Child Court: Supreme Court of Iowa Decided:...

Alaska Limits Domestic-Partnership Property Division and Adopts Separate-Asset Tracing

Date: Oct 18, 2026

Alaska Limits Domestic-Partnership Property Division to Partnership-Era Acquisitions and Adopts Separate-Asset Tracing Case: Scott King v. Courtenay Carty Court: Supreme Court of the State of Alaska...

Kansas Self-Defense Immunity Motions Are Subject to the 21-Day Post-Plea Filing Deadline

Date: Oct 18, 2026

Kansas Self-Defense Immunity Motions Are Subject to the 21-Day Post-Plea Filing Deadline Case: State v. Riggins, No. 126,841 Court: Supreme Court of Kansas Opinion filed: October 16, 2026...

Mortgage Forbearance Disputes: Limits on Federal Claims Against a Private Bank Holding Company

Date: Oct 18, 2026

Mortgage Forbearance Disputes: Limits on Federal Claims Against a Private Bank Holding Company Case: George Arsenis v. Blue Foundry Bancorp, No. 25-1410 Court: United States Court of Appeals for the...

Sentence-Reduction Decisions Cannot Rest on Unsupported Assumptions About Unrecovered Drugs

Date: Oct 18, 2026

Sentence-Reduction Decisions Cannot Rest on Unsupported Assumptions About Unrecovered Drugs Case: United States v. Pedro Moises-Martinez Court: United States Court of Appeals for the Eleventh Circuit...

Shared Access Can Authorize Third-Party Consent to a Cell-Phone Search Despite Another Person’s Ownership

Date: Oct 18, 2026

Shared Access Can Authorize Third-Party Consent to a Cell-Phone Search Despite Another Person’s Ownership Commentary on United States v. Antoine Cook United States Court of Appeals for the Sixth...

Conditional Deportation Warnings Do Not Necessarily Bar Coram Nobis Relief for Affirmative Immigration Misadvice

Date: Oct 17, 2026

Conditional Deportation Warnings Do Not Necessarily Bar Coram Nobis Relief for Affirmative Immigration Misadvice Case: Morillo v. United States, No. 25-2027 Court: United States Court of Appeals for...

Sua Sponte Habeas Time-Bar Dismissals Require Predismissal Notice, but Its Omission May Be Harmless

Date: Oct 17, 2026

Sua Sponte Habeas Time-Bar Dismissals Require Predismissal Notice, but Its Omission May Be Harmless Case: Gabriel Brian Nock v. Secretary, Florida Department of Corrections Court: United States Court...

Hague Convention Grave-Risk Claims: Prospective Harm, Historical Abuse Allegations, and Expert Evidence

Date: Oct 17, 2026

Hague Convention Grave-Risk Claims: Prospective Harm, Historical Abuse Allegations, and Expert Evidence Case: Sarunas Pletkus v. Ana Saletis Court: United States Court of Appeals for the Eleventh...

Express Closing Deadlines Control: Automatic Termination and Pleading Requirements in Florida Real Estate Litigation

Date: Oct 17, 2026

Express Closing Deadlines Control: Automatic Termination and Pleading Requirements in Florida Real Estate Litigation Case: Sunrise Residential, LLC v. Walton Acquisitions FL, LLC Court: United States...