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

Rule 41(g) Permits Wiping a Seized Cellphone Before Return When Selective Deletion Cannot Adequately Protect a Minor

Date: Oct 15, 2026

Rule 41(g) Permits Wiping a Seized Cellphone Before Return When Selective Deletion Cannot Adequately Protect a Minor Case: United States v. Steven Stathas, Jr. Court: United States Court of Appeals...

Child-Protection Plans Cannot Compel Incriminating Admissions, but Ineffective Therapy May Affect Parental Rights

Date: Oct 15, 2026

Child-Protection Plans Cannot Compel Incriminating Admissions, but Ineffective Therapy May Affect Parental Rights Case: In the Interest of T.J., I.T, A.T.1, A.T.2, and K.T.2, consolidated with In the...

Limited Parenting-Time Tie-Breakers Within a Court-Ordered Schedule Do Not Improperly Delegate Judicial Authority

Date: Oct 15, 2026

Limited Parenting-Time Tie-Breakers Within a Court-Ordered Schedule Do Not Improperly Delegate Judicial Authority Case: Margaret Shugart v. William McCann Court: Supreme Court of Vermont Case number:...

Vision Bank v. Avery: Clearly Established Limits on Deadly Force Against a Nonthreatening Bat Holder

Date: Oct 15, 2026

Vision Bank v. Avery: Clearly Established Limits on Deadly Force Against a Nonthreatening Bat Holder Court: United States Court of Appeals for the Tenth Circuit Date: October 13, 2026 Disposition:...

Rule 41(g): Returning a Seized Cellphone May Be Conditioned on Wiping Harmful Data

Date: Oct 15, 2026

Rule 41(g): Returning a Seized Cellphone May Be Conditioned on Wiping Harmful Data Case: United States v. Steven Stathas, Jr. Court: United States Court of Appeals for the Seventh Circuit Decided:...

Administrative Search Warrants and Obstruction Arrests: Qualified Immunity When the Duty to Unlock Is Unsettled

Date: Oct 15, 2026

Administrative Search Warrants and Obstruction Arrests: Qualified Immunity When the Duty to Unlock Is Unsettled Case: Elizabeth Fox v. City of Jackson, Mich. Court: United States Court of Appeals for...

Adding One Day for Good-Time Eligibility Does Not Violate Tapia: Supervised-Release Revocation Sentencing

Date: Oct 15, 2026

Adding One Day for Good-Time Eligibility Does Not Violate Tapia: Supervised-Release Revocation Sentencing Case: United States v. Cleve CJ Westbrook III Court: United States Court of Appeals for the...

Equity Receivers Inherit Corporate In Pari Delicto Defenses: Investor Protection Does Not Override New York’s Imputation Rules

Date: Oct 15, 2026

Equity Receivers Inherit Corporate In Pari Delicto Defenses: Investor Protection Does Not Override New York’s Imputation Rules Case: Castleman v Interactive Brokers LLC, 2026 NY Slip Op 05904 Court:...

Landlord Cooperation Duties Can Support Lost-Profit Recovery Despite Rent Abatement and Limited-Recourse Clauses

Date: Oct 15, 2026

Landlord Cooperation Duties Can Support Lost-Profit Recovery Despite Rent Abatement and Limited-Recourse Clauses Case: Iken v Bohemian Brethren Presbyt. Church Citation: 2026 NY Slip Op 05909 Court:...

People v. Vanpelt: Safety-Based Disarmament and the Distinction Between Miranda Violations and Involuntary Statements

Date: Oct 15, 2026

People v. Vanpelt: Reasonable Suspicion Supports Protective Disarmament, While Miranda Violations Do Not Establish Involuntariness Colorado Supreme Court | 2026 CO 66 | October 12, 2026 | No. 26SA142...

No Property Interest Under Oklahoma’s Civil Service Modernization Act: One Reasonable Ground Sustains Termination

Date: Oct 15, 2026

No Property Interest Under Oklahoma’s Civil Service Modernization Act: One Reasonable Ground Sustains Termination Case: TURNER v. OKLAHOMA GRAND RIVER DAM AUTHORITY Citation: 2026 OK 74 Court:...

Successive Vermont Post-Conviction Petitions: Procedural Bars and Admissible Evidence Requirements

Date: Oct 15, 2026

Successive Vermont Post-Conviction Petitions: Procedural Bars and Admissible Evidence Requirements Case: In Re James Burke Court: Supreme Court of Vermont Date: October 9, 2026 Docket: No. 26-AP-091...

Reasonable Impeachment Strategy Defeats an Ineffective-Assistance Claim at Summary Judgment

Date: Oct 15, 2026

Reasonable Impeachment Strategy Defeats an Ineffective-Assistance Claim at Summary Judgment Case: In re Morris Nelson, No. 25-AP-387 Court: Supreme Court of Vermont Date: October 9, 2026 Disposition:...

In re O.W.: Supported Clinical Findings Sustain Involuntary Hospitalization and Medication

Date: Oct 15, 2026

In re O.W.: Supported Clinical Findings Sustain Involuntary Hospitalization and Medication Court: Supreme Court of Vermont Date: October 9, 2026 Case: In re O.W., No. 25-AP-418 Disposition: Orders...

Rental-Deposit Refunds Follow the Executed Contract, Not Unsigned Drafts or Unfinalized Modifications

Date: Oct 15, 2026

Rental-Deposit Refunds Follow the Executed Contract, Not Unsigned Drafts or Unfinalized Modifications Case: Joshua Merson and Victoria Taravella v. The Lemelson Group, LLC Court: Supreme Court of...

Damages Claims Against Vermont Require a Viable Cause of Action: Limits of § 1983, the Tort Claims Act, and Constitutional Pleading

Date: Oct 15, 2026

Damages Claims Against Vermont Require a Viable Cause of Action: Limits of § 1983, the Tort Claims Act, and Constitutional Pleading Case: Kip Scanlon v. State of Vermont Court: Supreme Court of...

Sentence Reconsideration Is Not a Substitute for Direct Review of Probation Revocation

Date: Oct 15, 2026

Sentence Reconsideration Is Not a Substitute for Direct Review of Probation Revocation Case: State v. Edward Skinner Court: Supreme Court of Vermont Date: October 9, 2026 Docket: 25-AP-364...

DNA Authentication Without Written Custody Records and Context-Specific Consciousness-of-Guilt Instructions

Date: Oct 15, 2026

DNA Authentication Without Written Custody Records and Context-Specific Consciousness-of-Guilt Instructions Case: State v. Richard Welch, Jr. Court: Supreme Court of Vermont Date: October 9, 2026...

Abusive-Litigation Screening: An Unfavorable Prior Disposition Need Not Be a Judgment on the Merits

Date: Oct 15, 2026

Abusive-Litigation Screening: An Unfavorable Prior Disposition Need Not Be a Judgment on the Merits Tim Dasler v. Jennifer Knapp Supreme Court of Vermont, Case No. 25-AP-432 October 9, 2026...

Joint Drug Use Does Not Negate Delivery: DDRD Liability and the Limits of Constructive Transfer

Date: Oct 15, 2026

Joint Drug Use Does Not Negate Delivery: DDRD Liability and the Limits of Constructive Transfer Case: Commonwealth v. Cassell, III, C., Aplt., considered with the appeal of Jerrod Aaron Scott Court:...