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

Sentence-Reduction Discretion Must Rest on Record-Supported Facts

Date: Oct 17, 2026

Sentence-Reduction Discretion Must Rest on Record-Supported Facts Case: United States v. Angel Gutierrez-Romero Court: United States Court of Appeals for the Eleventh Circuit Date: October 16, 2026...

A Record-Supported Firearm–Drug Nexus Sustains the Sentencing Enhancement Without Reliance on Guidelines Commentary

Date: Oct 17, 2026

A Record-Supported Firearm–Drug Nexus Sustains the Sentencing Enhancement Without Reliance on Guidelines Commentary Case: United States v. Eric Person Court: United States Court of Appeals for the...

Florida Oxycodone Trafficking Remains an ACCA Serious Drug Offense Under Existing Circuit Precedent

Date: Oct 17, 2026

Florida Oxycodone Trafficking Remains an ACCA Serious Drug Offense Under Existing Circuit Precedent Case: United States v. Lawrence Clayton Pollock Court: United States Court of Appeals for the...

Statutory Title IX Enforcement Challenges Are Not Automatically Tucker Act Contract Claims

Date: Oct 17, 2026

Statutory Title IX Enforcement Challenges Are Not Automatically Tucker Act Contract Claims Case: Arlington School Board v. Linda McMahon, consolidated with the Fairfax County School Board’s appeal,...

Title IX Enforcement Challenges Require Claim-Specific Tucker Act Analysis, Not Wholesale Dismissal

Date: Oct 17, 2026

Title IX Enforcement Challenges Require Claim-Specific Tucker Act Analysis, Not Wholesale Dismissal Case: Fairfax County School Board v. Linda McMahon, consolidated with Arlington School Board’s...

South Carolina’s Offer-or-Attempt Assault Offense Remains a Guidelines Crime of Violence After Clemons

Date: Oct 17, 2026

South Carolina’s Offer-or-Attempt Assault Offense Remains a Guidelines Crime of Violence After Clemons Case: United States v. Jesse Owens, No. 25-4469 Court: United States Court of Appeals for the...

Specific Congressional Authorization Is Required for an FCC-Created Universal Service Corporation

Date: Oct 17, 2026

Specific Congressional Authorization Is Required for an FCC-Created Universal Service Corporation Case: Consumers' Research v. FCC Court: United States Court of Appeals for the Fifth Circuit Decision...

Co-Resident Consent and an Imminent Knife Threat: Upholding Warrantless Entry and Deadly Force

Date: Oct 17, 2026

Co-Resident Consent and an Imminent Knife Threat: Upholding Warrantless Entry and Deadly Force Case: Martinez v. Hidalgo County Court: United States Court of Appeals for the Fifth Circuit Date:...

Maritime Brokerage Recoveries in Bankruptcy: No Unwritten Continuing-Service Condition on Remittance to Vessel Owners

Date: Oct 17, 2026

Maritime Brokerage Recoveries in Bankruptcy: No Unwritten Continuing-Service Condition on Remittance to Vessel Owners Case: Seacor Marine v. GOL, No. 26-30021 Court: United States Court of Appeals...

SAFETEA’s Oklahoma Rider Remains Effective: Mandatory EPA Approval Without Additional Conditions

Date: Oct 17, 2026

SAFETEA’s Oklahoma Rider Remains Effective: Mandatory EPA Approval Without Additional Conditions Case: Pawnee Nation of Oklahoma v. Zeldin, No. 25-9548 Court: United States Court of Appeals for the...

Charge-Specific Malicious Prosecution and the Limits of Prosecutorial Immunity

Date: Oct 17, 2026

Charge-Specific Malicious Prosecution and the Limits of Prosecutorial Immunity Case: Smith v. Johnson County, Kansas, Board of Commissioners Court: United States Court of Appeals for the Tenth...

Inadequate Briefing and Unpreserved Arguments Bar Appellate Review, Even for Pro Se Litigants

Date: Oct 17, 2026

Inadequate Briefing and Unpreserved Arguments Bar Appellate Review, Even for Pro Se Litigants Case: Wakat v. City of Tulsa, No. 25-5114 Court: United States Court of Appeals for the Tenth Circuit...

Unbriefed Dismissal Grounds Waive Review; Separately Entered Filing Restrictions Require a Timely Appeal

Date: Oct 17, 2026

Unbriefed Dismissal Grounds Waive Review; Separately Entered Filing Restrictions Require a Timely Appeal Case: Wakat v. Lamar Advertising Co. and related appeals, Nos. 25-5127, 25-5134, 25-5135, and...

Appellate Briefing Waiver and Separate Review of Later Filing Restrictions

Date: Oct 17, 2026

Appellate Briefing Waiver and the Need to Separately Appeal Later Filing Restrictions Case: Wakat v. Okie Smoke.com Dispensary, decided together with three related appeals Court: United States Court...

Appellate Briefing Waiver and Separate Appeals of Later Filing Restrictions

Date: Oct 17, 2026

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

Appeals Must Challenge the Dismissal Grounds and Properly Seek Review of Separate Filing Restrictions

Date: Oct 17, 2026

Appeals Must Challenge the Dismissal Grounds and Properly Seek Review of Separate Filing Restrictions Case: Wakat v. Robson and related appeals, Nos. 25-5127, 25-5134, 25-5135, and 25-5137 Court:...

A Single Feasible Alternative May Satisfy NEPA: Sixth Circuit Stays Vacatur of TVA’s Kingston Plant Approval

Date: Oct 17, 2026

A Single Feasible Alternative May Satisfy NEPA: Sixth Circuit Stays Vacatur of TVA’s Kingston Plant Approval Case: Appalachian Voices v. TVA, No. 26-5836 Court: United States Court of Appeals for the...

Private-Actor Asylum Claims: Nonreporting Is Not Dispositive, but Reversal Requires Compelling Evidence

Date: Oct 17, 2026

Private-Actor Asylum Claims: Nonreporting Is Not Dispositive, but Reversal Requires Compelling Evidence Case: Sandra Cabrera-Lopez v. Todd Blanche, No. 25-3773 Court: United States Court of Appeals...

Marijuana Odor Remains Probable Cause Despite State Reform: Discovery and Jury-Instruction Limits on Reversal

Date: Oct 17, 2026

Marijuana Odor Remains Probable Cause Despite State Reform: Discovery and Jury-Instruction Limits on Reversal Case: United States v. Devante Garrett, No. 25-5779 Court: United States Court of Appeals...

General Dangerousness Can Support Felon Disarmament Without Proof of Firearm-Specific Violence

Date: Oct 17, 2026

General Dangerousness Can Support Felon Disarmament Without Proof of Firearm-Specific Violence Case: United States v. Michael Bloomfield, No. 25-3961 Court: United States Court of Appeals for the...