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

Death-Abated Workers’ Compensation Claims: Mootness Preserves Jurisdiction but May Require Equitable Vacatur

Date: Oct 14, 2026

Death-Abated Workers’ Compensation Claims: Mootness Preserves Jurisdiction but May Require Equitable Vacatur Case: State ex rel. McCartney v. Simco Mgt., Inc., Slip Opinion No. 2026-Ohio-3935 Court:...

Substantial-Impairment Rape: Circumstantial Evidence and the Limits of Appellate Sufficiency Review

Date: Oct 14, 2026

Substantial-Impairment Rape: Circumstantial Evidence and the Limits of Appellate Sufficiency Review Case: State v. McClain, Slip Opinion No. 2026-Ohio-3934 Court: Supreme Court of Ohio Decided:...

Tier III Status, Not the Underlying Offense, Triggers GPS Monitoring During Probation

Date: Oct 14, 2026

Tier III Status, Not the Underlying Offense, Triggers GPS Monitoring During Probation Cannon v. State — Supreme Court of Delaware, en banc, October 9, 2026 1. Introduction In Cannon v. State, the...

Thompkins v. State: A Conditional Flight Instruction Does Not Improperly Comment on an Overlapping Auto-Theft Charge

Date: Oct 14, 2026

A Conditional Flight Instruction Does Not Improperly Comment on an Overlapping Auto-Theft Charge Case: Thompkins v. State Court: Supreme Court of Delaware Decided: October 9, 2026 Disposition:...

Brief Release Does Not Require a Recent Overt Act for SVP Commitment During Special-Sentence Confinement

Date: Oct 14, 2026

Brief Release Does Not Require a Recent Overt Act for SVP Commitment During Special-Sentence Confinement Case: In Re Detention Of Joshua Andrew Harlow Court: Supreme Court of Iowa Decision: October...

Circumstantial Authentication of Videos: Unsupported Deepfake Claims Do Not Bar Admission of Duplicates

Date: Oct 14, 2026

Circumstantial Authentication of Videos: Unsupported Deepfake Claims Do Not Bar Admission of Duplicates Case: State of Iowa v. Max Amyda Court: Supreme Court of Iowa Decision date: October 9, 2026...

Washington Privacy Act Does Not Cover Searches Directed Solely to an Automated Corporate Website

Date: Oct 14, 2026

Washington Privacy Act Does Not Cover Searches Directed Solely to an Automated Corporate Website Case: Baker v. Seattle Child.'s Hosp., No. 104590-5 Court: Supreme Court of Washington, en banc...

ICWA Errors in Foster Care Do Not Invalidate a Later Independent, Error-Free Termination of Parental Rights

Date: Oct 14, 2026

ICWA Errors in Foster Care Do Not Invalidate a Later Independent, Error-Free Termination of Parental Rights Case: Dash D. (Father) v. State of Alaska, DFCS, OCS Court: Supreme Court of Alaska...

Unauthorized Amended Pleadings Are Nullities: Managing Partners Must Account for Partnership Funds

Date: Oct 14, 2026

Unauthorized Amended Pleadings Are Nullities: Managing Partners Must Account for Partnership Funds Case: Berkshire v. Berkshire, 322 Neb. 477 Court: Supreme Court of Nebraska Decision: October 9,...

Annual Union Dues Obligations Subject to a Revocation Window Are Not an Unlawful Penalty

Date: Oct 14, 2026

Annual Union Dues Obligations Subject to a Revocation Window Are Not an Unlawful Penalty Caswell v New York State United Teachers, 2026 NY Slip Op 05889 Appellate Division, Fourth Department —...

Category-Specific Proof Governs Serious-Injury Summary Judgment: Degenerative Conditions and the 90/180-Day Rule

Date: Oct 14, 2026

Category-Specific Proof Governs Serious-Injury Summary Judgment: Degenerative Conditions and the 90/180-Day Rule Case: Jenkins v City of Utica, 2026 NY Slip Op 05872 Court: Appellate Division, Fourth...

Medicaid Transfer-Penalty Waivers Require a Request: Three-Month Retroactivity for Limited-Coverage Recipients

Date: Oct 14, 2026

Medicaid Transfer-Penalty Waivers Require a Request: Three-Month Retroactivity for Limited-Coverage Recipients Case: Matter of Cvetkovic v New York State Dept. of Health, 2026 NY Slip Op 05886 Court:...

People v Sherman: Mandatory Sentencing Procedures Where Persistent Violent Felony Offender Status Appears Applicable

Date: Oct 14, 2026

People v Sherman: Mandatory Sentencing Procedures Where Persistent Violent Felony Offender Status Appears Applicable Court: New York Supreme Court, Appellate Division, Fourth Department Citation:...

Late Retention of Counsel Does Not Automatically Require an Adjournment: Prejudice and Meaningful Representation Remain Central

Date: Oct 14, 2026

Late Retention of Counsel Does Not Automatically Require an Adjournment: Prejudice and Meaningful Representation Remain Central Case: People v Thomas, 2026 NY Slip Op 05879 Court: Appellate Division,...

Commercial Mortgage Foreclosure Awards Require Proof of Nonduplicative Interest and Reasonable Attorneys’ Fees

Date: Oct 14, 2026

Commercial Mortgage Foreclosure Awards Require Proof of Nonduplicative Interest and Reasonable Attorneys’ Fees Case: Wilmington Trust, N.A. v Stradtman Park, LLC, 2026 NY Slip Op 05883 Court:...

Florida Appellate Procedure: Amicus Identity Statements Count Toward Word Limits and Forms Must Reflect Service

Date: Oct 14, 2026

Florida Appellate Procedure: Amicus Identity Statements Count Toward Word Limits and Forms Must Reflect Service Case: In Re: Amendments to Florida Rules of Appellate Procedure 9.370 and 9.900 Court:...

Florida Adopts Separate Permanent-Commitment Forms for Deceased-Parent Cases Before and After Dependency Adjudication

Date: Oct 14, 2026

Florida Adopts Separate Permanent-Commitment Forms for Deceased-Parent Cases Before and After Dependency Adjudication Case: In Re: Amendments to Florida Rules of Juvenile Procedure - Forms 8.9781 and...

Florida Establishes Board Certification in Insurance Coverage Law: Standards for Qualification and Recertification

Date: Oct 14, 2026

Florida Establishes Board Certification in Insurance Coverage Law: Standards for Qualification and Recertification Case In Re: Amendments to Rules Regulating The Florida Bar - 6-32 Insurance Coverage...

Capital Postconviction Relief: Third-Party Confessions Must Be Admissible and Reliably Corroborated

Date: Oct 14, 2026

Capital Postconviction Relief: Third-Party Confessions Must Be Admissible and Reliably Corroborated Case: Samuel Jason Derrick v. State of Florida Court: Supreme Court of Florida Opinion date:...

Section 7434 Does Not Provide a Damages Remedy for Fraudulent Form 1099-C Filings

Date: Oct 6, 2026

Section 7434 Does Not Provide a Damages Remedy for Fraudulent Form 1099-C Filings Case: John Jacoby v. Idlewild Country Club Court: United States Court of Appeals for the Seventh Circuit Date:...