conversion-liability-under-restatement-(second)-of-torts- Case Commentaries

Spoliation of Surveillance Video: Adverse Inference (Not Liability Preclusion) When Negligent Loss Causes Limited Prejudice

Date: Sep 19, 2026

Spoliation of Surveillance Video: Adverse Inference (Not Liability Preclusion) When Negligent Loss Causes Limited Prejudice 1. Introduction Alvarez v 100-10 67th Rd. Condominium (2026 NY Slip Op...

Preconception Co‑Parenting Agreements Extend to Later‑Conceived Siblings Absent Proof of Termination; Best-Interests Inquiry Follows Standing

Date: Sep 19, 2026

Preconception Co‑Parenting Agreements Extend to Later‑Conceived Siblings Absent Proof of Termination; Best-Interests Inquiry Follows Standing 1. Introduction Matter of Kelly C. v Chaya E. (2026 NY...

Pleading “Protected Activity” and Severe-or-Pervasive Harassment Under Title VII: Civility Complaints, Magistrate Authority Without Consent, and Rule 11’s Court-Filing Limitation

Date: Sep 19, 2026

Pleading “Protected Activity” and Severe-or-Pervasive Harassment Under Title VII: Civility Complaints, Magistrate Authority Without Consent, and Rule 11’s Court-Filing Limitation 1. Introduction In...

Dissenting Rule: Trial Courts Retain Postjudgment Jurisdiction to Redact Sexual-Assault Victim Identifiers Under § 54-86e, Even After Acquittal

Date: Sep 19, 2026

Dissenting Rule: Trial Courts Retain Postjudgment Jurisdiction to Redact Sexual-Assault Victim Identifiers Under § 54-86e, Even After Acquittal 1. Introduction In State v. Khan (Dissent), the Supreme...

Wyoming Must Fund True-Cost Teacher Salaries and Make Cumulative Annual Inflation Adjustments (ECAs) in the Legislative Model

Date: Sep 19, 2026

Wyoming Must Fund True-Cost Teacher Salaries and Make Cumulative Annual Inflation Adjustments (ECAs) in the Legislative Model Case: The State of Wyoming v. Wyoming Education Association, a Wyoming...

Beauchamp v. New York City Tr. Auth.: Future Medical Expenses Must Track Reasonably Certain Proof; Speculative Procedures Cannot Inflate Damages; Remittitur Benchmarks for Extraordinary Injuries

Date: Sep 19, 2026

Beauchamp v. New York City Tr. Auth.: Future Medical Expenses Must Track Reasonably Certain Proof; Speculative Procedures Cannot Inflate Damages; Remittitur Benchmarks for Extraordinary Injuries...

Telecommunications Wi‑Fi Cabling Is Not a Labor Law § 240(1) “Alteration,” and Public Service Law § 228 Does Not Shield Owners Outside Cable-TV Installations

Date: Sep 19, 2026

Telecommunications Wi‑Fi Cabling Is Not a Labor Law § 240(1) “Alteration,” and Public Service Law § 228 Does Not Shield Owners Outside Cable-TV Installations 1. Introduction In Hearns v Blended...

Penal Law § 450.10 Turnover Is Not a Substitute for Civil Title Adjudication: Prohibition Lies to Vacate Turnover Orders Resolving Disputed Ownership Without a Criminal Case

Date: Sep 19, 2026

Penal Law § 450.10 Turnover Is Not a Substitute for Civil Title Adjudication: Prohibition Lies to Vacate Turnover Orders Resolving Disputed Ownership Without a Criminal Case I. Introduction Matter of...

Separation-Agreement “Release Consideration” as Dismissal Pay: Allocation Bars UI Benefits and False Certifications Support Overpayment and Willful-Misrepresentation Penalties

Date: Sep 19, 2026

Separation-Agreement “Release Consideration” as Dismissal Pay: Allocation Bars UI Benefits and False Certifications Support Overpayment and Willful-Misrepresentation Penalties 1. Introduction Matter...

Speculation Is Insufficient: Newly Discovered Evidence About a Defense Expert’s Later Misconduct Does Not Satisfy Jones Absent a Probable Lesser Sentence

Date: Sep 19, 2026

Speculation Is Insufficient: Newly Discovered Evidence About a Defense Expert’s Later Misconduct Does Not Satisfy Jones Absent a Probable Lesser Sentence I. Introduction In Benjamin Davis Smiley, Jr....

Discretion to Set the Extent of Compassionate-Release Reductions After § 924(c) Anti-Stacking Changes, Guided by § 3553(a) and U.S.S.G. § 1B1.13(b)(6)

Date: Sep 19, 2026

Discretion to Set the Extent of Compassionate-Release Reductions After § 924(c) Anti-Stacking Changes, Guided by § 3553(a) and U.S.S.G. § 1B1.13(b)(6) Case: United States v. Demetrius Renaldo Bowers...

No Surprises Act: No Implied Private Right of Action to Enforce IDR Payment Awards

Date: Sep 19, 2026

No Surprises Act: No Implied Private Right of Action to Enforce IDR Payment Awards Court: United States Court of Appeals for the Second Circuit Case: E. Coast Advanced Plastic Surgery, LLC v. Cigna...

Second Circuit Establishes That Manual Cellphone Searches at the Border Are Routine, Suspicionless, and Unconstrained by an Independent First Amendment Warrant Requirement

Date: Sep 19, 2026

Second Circuit Establishes That Manual Cellphone Searches at the Border Are Routine, Suspicionless, and Unconstrained by an Independent First Amendment Warrant Requirement I. Introduction United...

Matter of Borochov: Reciprocal Public Censure When Foreign Misconduct Constitutes New York Misconduct (22 NYCRR 1240.13[b][3])

Date: Sep 19, 2026

Matter of Borochov: Reciprocal Public Censure When Foreign Misconduct Constitutes New York Misconduct (22 NYCRR 1240.13[b][3]) 1. Introduction Matter of Borochov (2026 NY Slip Op 05305) is a...

People v. Sukram Commentary

Date: Sep 19, 2026

Nonviolent Drug Felony Sentencing: Defendant Must Be Adjudicated a Second Felony Drug Offender (Not a Second Violent Felony Offender) 1. Introduction In People v Sukram (2026 NY Slip Op 05328), the...

Criminal-Style Jury-Note Handling Applies in Civil Trials; Appellate Deference to Trial Management Absent Preserved Objections

Date: Sep 19, 2026

Criminal-Style Jury-Note Handling Applies in Civil Trials; Appellate Deference to Trial Management Absent Preserved Objections I. Introduction Savage v. City of Springfield (1st Cir. Sept. 16, 2026)...

United States v. Levasseur — “Special Danger of Firearm Misuse” Sustains § 922(g)(1) As-Applied Disarmament Despite Nonviolent Predicate Framing

Date: Sep 19, 2026

United States v. Levasseur — “Special Danger of Firearm Misuse” Sustains § 922(g)(1) As-Applied Disarmament Despite Nonviolent Predicate Framing 1. Introduction In United States v. Levasseur (1st...

United States v. Malave: Broad Digital-Warrant Searches, “Teaching Expert” Testimony, and Substantial-Step Attempt Liability in RICO/Sex-Trafficking Prosecutions

Date: Sep 19, 2026

United States v. Malave: Broad Digital-Warrant Searches, “Teaching Expert” Testimony, and Substantial-Step Attempt Liability in RICO/Sex-Trafficking Prosecutions Court: U.S. Court of Appeals for the...

Pullman Abstention Is Unavailable When a Federal Equal-Protection Claim Does Not Turn on Disputed State-Law Meaning

Date: Sep 19, 2026

Pullman Abstention Is Unavailable When a Federal Equal-Protection Claim Does Not Turn on Disputed State-Law Meaning I. Introduction Harward v. City of Austin (5th Cir. Sept. 15, 2026) is a second...

COA Denied When Habeas Theories Are Raised Too Late: Reply-Brief and R&R-Objection Arguments Do Not Create Debatable Issues Without Challenging the Procedural Ruling

Date: Sep 19, 2026

COA Denied When Habeas Theories Are Raised Too Late: Reply-Brief and R&R-Objection Arguments Do Not Create Debatable Issues Without Challenging the Procedural Ruling I. Introduction Ramirez v....