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

PPP Corporate-Group Loan Caps Are Valid Under SBA Emergency Rulemaking and Do Not Create Retroactive Forgiveness Rights

Date: Jul 16, 2026

PPP Corporate-Group Loan Caps Are Valid Under SBA Emergency Rulemaking and Do Not Create Retroactive Forgiveness Rights 1. Introduction Oak Lawn Respiratory and Rehabilitation Center v. United States...

Issue Exhaustion and CAT Deferral: Waiver for Not Challenging “Particularly Serious Crime” Findings Before the BIA; Generalized Country Conditions and Non-Acquiescing Governments Do Not Suffice

Date: Jul 16, 2026

Issue Exhaustion and CAT Deferral: Waiver for Not Challenging “Particularly Serious Crime” Findings Before the BIA; Generalized Country Conditions and Non-Acquiescing Governments Do Not Suffice 1....

Rule 37 Sanctions in Parenting Cases: Courts May Limit Mental-Health Testimony to the Period Disclosed to the Parenting Evaluator

Date: Jul 16, 2026

Rule 37 Sanctions in Parenting Cases: Courts May Limit Mental-Health Testimony to the Period Disclosed to the Parenting Evaluator 1. Introduction Parenting of C.R.J. (Mont. 2026 MT 151) arises from...

Outdated-Record Limits on Supervised Parenting Time After Long Post-Hearing Delay

Date: Jul 16, 2026

Outdated-Record Limits on Supervised Parenting Time After Long Post-Hearing Delay Introduction Parenting of H.B.-S. (Mont. Sup. Ct. 2026 MT 156N) arose from a high-conflict parenting dispute between...

Probable Cause for Disobeying a School Traffic Direction Defeats Both Fourth Amendment and Retaliatory-Arrest Claims; “Nieves” Exception Requires Objective, Contextual Comparators

Date: Jul 16, 2026

Probable Cause for Disobeying a School Traffic Direction Defeats Both Fourth Amendment and Retaliatory-Arrest Claims; “Nieves” Exception Requires Objective, Contextual Comparators 1. Introduction...

Mixed-Motive Title VII Theory Must Be Properly Preserved; Undisputed Policy-Violation Investigation Defeats Pretext at Summary Judgment

Date: Jul 16, 2026

Mixed-Motive Title VII Theory Must Be Properly Preserved; Undisputed Policy-Violation Investigation Defeats Pretext at Summary Judgment 1. Introduction In Loayza v. Whole Foods Market, the Fifth...

Plain-Error Limits on Unpreserved Daubert Challenges and Continued Foreclosure of Facial Second Amendment Attacks on 18 U.S.C. § 922(g)(1)

Date: Jul 16, 2026

Plain-Error Limits on Unpreserved Daubert Challenges and Continued Foreclosure of Facial Second Amendment Attacks on 18 U.S.C. § 922(g)(1) I. Introduction In United States v. Tracy Grant, Jr. (4th...

Manual Cell-Phone Border Searches Are “Routine” and Require No Individualized Suspicion (Fourth Circuit)

Date: Jul 16, 2026

Manual Cell-Phone Border Searches Are “Routine” and Require No Individualized Suspicion Case: United States v. Jose Belmonte Cardozo (No. 25-4239) Court: United States Court of Appeals for the Fourth...

Direction Alone Is Insufficient to Treat a Membership Organization and Its Local Club as a Single Employer Under Title VII’s Nesbit Parent–Subsidiary Test

Date: Jul 16, 2026

Direction Alone Is Insufficient to Treat a Membership Organization and Its Local Club as a Single Employer Under Title VII’s Nesbit Parent–Subsidiary Test Introduction In Maura Jenkins v. Harrisburg...

Hostile Work Environment in the Tenth Circuit: Discrete, Independently Actionable Acts May Be Part of the “Single Unlawful Employment Practice”

Date: Jul 16, 2026

Hostile Work Environment in the Tenth Circuit: Discrete, Independently Actionable Acts May Be Part of the “Single Unlawful Employment Practice” I. Introduction In Sharpe-Miller v. Walmart, Inc. (10th...

Order Setting Rhode Island Zoning Certiorari for Full Briefing: Interpreting “Combining” in a Mixed-Use Planned Development Amendment and the Role of Former G.L. 1956 § 45-24-4.1

Date: Jul 16, 2026

Order Setting Rhode Island Zoning Certiorari for Full Briefing: Interpreting “Combining” in a Mixed-Use Planned Development Amendment and the Role of Former G.L. 1956 § 45-24-4.1 1. Introduction...

Lay Evidence of Loss of Use and Quiet Enjoyment Suffices for Irreparable Harm in Nuisance-Based Preliminary Injunctions; OSHA Reverse-Alarm Rule Does Not Preempt Local Noise Limits Where Dual Compliance Is Possible

Date: Jul 16, 2026

Lay Evidence of Loss of Use and Quiet Enjoyment Suffices for Irreparable Harm in Nuisance-Based Preliminary Injunctions; OSHA Reverse-Alarm Rule Does Not Preempt Local Noise Limits Where Dual...

Lax v. City Univ. of N.Y.: Pleading Rule—Union Liability for Hostile Work Environment and Retaliation Requires a Duty-of-Fair-Representation Breach Tied to Union Activity

Date: Jul 16, 2026

Lax v. City Univ. of N.Y.: Pleading Rule—Union Liability for Hostile Work Environment and Retaliation Requires a Duty-of-Fair-Representation Breach Tied to Union Activity 1. Introduction Lax v City...

Statutory “Domestic Violence” (I.C. § 39-6303) Controls Custody Presumptions; Limited, Time-Bound School-Selection Delegation Is Compatible with Joint Legal Custody

Date: Jul 16, 2026

Statutory “Domestic Violence” (I.C. § 39-6303) Controls Custody Presumptions; Limited, Time-Bound School-Selection Delegation Is Compatible with Joint Legal Custody 1. Introduction Devai v. Burk...

Standing by Endorsed Note Attached to Complaint; Mortgage-Only Assignment Irrelevant; Substitution Requires Admissible Proof of Post-Commencement Assignment

Date: Jul 16, 2026

Standing by Endorsed Note Attached to Complaint; Mortgage-Only Assignment Irrelevant; Substitution Requires Admissible Proof of Post-Commencement Assignment 1. Introduction Bank of Am., N.A. v....

Retention of Federal Jurisdiction Over a Settlement Is Not Exclusive, and CPLR 9802 Strictly Time-Bars Village Contract Claims

Date: Jul 16, 2026

Retention of Federal Jurisdiction Over a Settlement Is Not Exclusive, and CPLR 9802 Strictly Time-Bars Village Contract Claims 1. Introduction Town & Country Adult Living, Inc. v Village/Town of...

Standing Established by Annexing a Blank-Endorsed Note; Non-Owner-Occupancy Rider Renders RPAPL 1304/1306 Inapplicable

Date: Jul 16, 2026

Standing Established by Annexing a Blank-Endorsed Note; Non-Owner-Occupancy Rider Renders RPAPL 1304/1306 Inapplicable 1. Introduction In Wells Fargo Bank, N.A. v Dorlouis (2026 NY Slip Op 04449 [2d...

Punitive Damages Require “High Degree of Moral Culpability” in CVA Negligent Hiring/Supervision Claims; Non-Employer School District Not Liable for Hiring/Supervising Another Entity’s Employee

Date: Jul 16, 2026

Punitive Damages Require “High Degree of Moral Culpability” in CVA Negligent Hiring/Supervision Claims; Non-Employer School District Not Liable for Hiring/Supervising Another Entity’s Employee 1....

Vann v. Fewell: Perfunctory Exhaustion Briefing Forfeits Review; Body-Camera Video and “Malingering” Inferences Sustain Qualified Immunity in Pretrial-Detention Force/Medical-Care Claims

Date: Jul 15, 2026

Vann v. Fewell: Perfunctory Exhaustion Briefing Forfeits Review; Body-Camera Video and “Malingering” Inferences Sustain Qualified Immunity in Pretrial-Detention Force/Medical-Care Claims 1....

Tenth Circuit Holds PLRA “Imminent Danger” Exception Requires Standing-Like Nexus: Traceability and Redressability

Date: Jul 15, 2026

Tenth Circuit Holds PLRA “Imminent Danger” Exception Requires Standing-Like Nexus: Traceability and Redressability 1. Introduction Barnett v. Bridges (10th Cir. July 14, 2026) addresses when a...