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

“Overall Project Purposes” May Include Multiple Interrelated Applicant Goals Under Clean Water Act § 404(b)(1)

Date: Sep 19, 2026

“Overall Project Purposes” May Include Multiple Interrelated Applicant Goals Under Clean Water Act § 404(b)(1) Case: Save The Colorado v. City and County of Denver (Intervenor Respondent–Appellant:...

State v. Khan (Conn. 2026): Post-Acquittal Jurisdiction Bar to Reopening Criminal Cases to Redact Trial Transcripts; Review Lies by Writ of Error

Date: Sep 18, 2026

State v. Khan (Conn. 2026): Post-Acquittal Jurisdiction Bar to Reopening Criminal Cases to Redact Trial Transcripts; Review Lies by Writ of Error 1. Introduction State v. Khan (SC 21188, officially...

Course of Performance Controls: HAMP Deferred-Principal Repayments Treated as “Subsequent Recoveries” Under RMBS PSAs

Date: Sep 18, 2026

Course of Performance Controls: HAMP Deferred-Principal Repayments Treated as “Subsequent Recoveries” Under RMBS PSAs 1. Introduction Matter of Wells Fargo Bank v. HBK Master Fund L.P. (2026 NY Slip...

Matter of Gellene: Reciprocal Discipline Requires Independent New York “Rule-Equivalency” Review Despite Default

Date: Sep 18, 2026

Matter of Gellene: Reciprocal Discipline Requires Independent New York “Rule-Equivalency” Review Despite Default 1. Introduction Matter of Gellene (2026 NY Slip Op 05361 [3d Dept Sept. 17, 2026])...

State v. Nelson (2026 UT 33) Commentary

Date: Sep 18, 2026

State v. Nelson (2026 UT 33): “Double Deference” Governs Ineffective-Assistance Claims Premised on an Unmade Directed-Verdict Motion, and Evidence Must Be Viewed in Favor of the Jury’s Verdict 1....

Climate Sols. v. State: Washington Clarifies “Horizontal” and “Vertical” Rational Unity Under Article II, Section 19 and Rejects an Omnibus Exception

Date: Sep 18, 2026

Climate Sols. v. State: Washington Clarifies “Horizontal” and “Vertical” Rational Unity Under Article II, Section 19 and Rejects an Omnibus Exception I. Introduction In Climate Solutions, et al. v....

Retirement Does Not Defeat Lawyer Discipline: Default-Based Proof and a One-Year Suspension for Probate Mismanagement, Unreasonable Fees, and Criminal Misconduct

Date: Sep 18, 2026

Retirement Does Not Defeat Lawyer Discipline: Default-Based Proof and a One-Year Suspension for Probate Mismanagement, Unreasonable Fees, and Criminal Misconduct 1. Introduction Office of Lawyer...

Retirement Does Not Defeat Disciplinary Jurisdiction: One-Year Suspension for Knowing Estate/Trust Misconduct and Egregious Misdemeanor Conduct in Default

Date: Sep 18, 2026

Retirement Does Not Defeat Disciplinary Jurisdiction: One-Year Suspension for Knowing Estate/Trust Misconduct and Egregious Misdemeanor Conduct in Default 1. Introduction Office of Lawyer Regulation...

Nemis v. Blanche: Baseless Immigration Filings Under 18 U.S.C. § 1546(a) Are Categorically CIMTs

Date: Sep 18, 2026

Knowingly Presenting an Immigration Document with No Reasonable Basis in Law or Fact (18 U.S.C. § 1546(a), Paragraph Four) Categorically Constitutes a CIMT 1. Introduction In Nemis v. Blanche (2d...

Soroban Capital Partners LP v. Commissioner of Internal Revenue — Commentary

Date: Sep 18, 2026

Second Circuit: “Limited Partner” (I.R.C. § 1402(a)(13)) Means Limited Liability and No Managerial Control; NESE Is a TEFRA Partnership Item Reviewable in FPAA Proceedings 1. Introduction Case:...

Mandamus Is Unavailable to Upset a Primary Election Tie-Breaker When a Statutory Election Contest Remedy Existed; Court Flags Need for Timely Public Access to Overage/Underage Data

Date: Sep 18, 2026

Mandamus Is Unavailable to Upset a Primary Election Tie-Breaker When a Statutory Election Contest Remedy Existed; Court Flags Need for Timely Public Access to Overage/Underage Data 1. Introduction...

Referee “Hear-and-Determine” Decisions as Court Mandates Enforceable by Civil Contempt in Matrimonial Equitable Distribution

Date: Sep 18, 2026

Referee “Hear-and-Determine” Decisions as Court Mandates Enforceable by Civil Contempt in Matrimonial Equitable Distribution Case: Brandford v Brandford, 2026 NY Slip Op 05270 (App Div, 2d Dept Sept....

Contractors Cannot Sue for Damages Under General Municipal Law § 101(5); Conclusory Third-Party Beneficiary and Unjust Enrichment Pleadings Fail at CPLR 3211(a)(7)

Date: Sep 18, 2026

Contractors Cannot Sue for Damages Under General Municipal Law § 101(5); Conclusory Third-Party Beneficiary and Unjust Enrichment Pleadings Fail at CPLR 3211(a)(7) 1. Introduction In Civetta Mech.,...

Leave-to-Amend Orders Have No Preclusive Effect on RGB Rent-Increase Entitlement; Minimum-Dollar RGB Increases Must Be Preserved in the Renewal Lease

Date: Sep 18, 2026

Leave-to-Amend Orders Have No Preclusive Effect on RGB Rent-Increase Entitlement; Minimum-Dollar RGB Increases Must Be Preserved in the Renewal Lease Introduction Case: Matter of Hillside Place, LLC...

Conclusive Security Claims Do Not Justify Blanket FOIL Withholding: Mandatory In Camera Review for Cybersecurity Contracts and Executive Calendars

Date: Sep 18, 2026

Conclusive Security Claims Do Not Justify Blanket FOIL Withholding: Mandatory In Camera Review for Cybersecurity Contracts and Executive Calendars 1. Introduction Case: Matter of Newsday, LLC v....

Ortiz v. Blanche: Reaffirming the “Futile or Dangerous to Report” Requirement for Unreported Private-Actor Persecution in Asylum Cases

Date: Sep 18, 2026

Ortiz v. Blanche: Reaffirming the “Futile or Dangerous to Report” Requirement for Unreported Private-Actor Persecution in Asylum Cases 1. Introduction In Ortiz v. Blanche (10th Cir. Sept. 16, 2026),...

Reaffirming Broad Digital-Warrant Searches, Rule 702 “Teaching Experts,” and Harmless-Guidelines Review in a RICO Sex-Trafficking Prosecution

Date: Sep 18, 2026

Reaffirming Broad Digital-Warrant Searches, Rule 702 “Teaching Experts,” and Harmless-Guidelines Review in a RICO Sex-Trafficking Prosecution Introduction In United States v. James Goode (3d Cir....

Third Circuit Reinforces Deference in Multi-Defendant RICO/Sex-Trafficking Trials: Joint-Trial Preference, “Teaching Expert” Fit, Broad Digital Warrants, and Attempt as “Substantial Step”

Date: Sep 18, 2026

Third Circuit Reinforces Deference in Multi-Defendant RICO/Sex-Trafficking Trials: Joint-Trial Preference, “Teaching Expert” Fit, Broad Digital Warrants, and Attempt as “Substantial Step” Case:...

“Overall Project Purposes” Under CWA § 404(b) May Include Multiple Interconnected Objectives

Date: Sep 18, 2026

“Overall Project Purposes” Under CWA § 404(b) May Include Multiple Interconnected Objectives Case: Save The Colorado v. Graham (10th Cir.) Date: September 15, 2026 Panel: Holmes (C.J.), Tymkovich,...

Legislative Cutbacks to Earned-Time Credits Are Not Subject to Procedural Due Process; Victim-Expectation Carveouts Survive Common Benefits Review

Date: Sep 18, 2026

Legislative Cutbacks to Earned-Time Credits Are Not Subject to Procedural Due Process; Victim-Expectation Carveouts Survive Common Benefits Review I. Introduction In Chavis Murphy v. Nicholas Deml...