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

Due Process Does Not Create a “Void Judgment” Escape Hatch from AEDPA’s One-Year Limit; Unreliable, Conflicting, Late Affidavits (Including Recantations) Fail the Actual-Innocence Gateway

Date: Jul 15, 2026

Due Process Does Not Create a “Void Judgment” Escape Hatch from AEDPA’s One-Year Limit; Unreliable, Conflicting, Late Affidavits (Including Recantations) Fail the Actual-Innocence Gateway I....

Interactive-Process ADA Claims Fail Absent Evidence of a Feasible, Safe Accommodation for Essential Job Communications

Date: Jul 15, 2026

Interactive-Process ADA Claims Fail Absent Evidence of a Feasible, Safe Accommodation for Essential Job Communications Introduction Buccieri v. Brewster Ambulance Service, Inc. (1st Cir. July 13,...

Specialized Military PCB Manufacturing Triggers Federal Officer Removal: “Acting Under” Without “Tight Control” and a Broad Post-2011 “Relating To” Nexus

Date: Jul 15, 2026

Specialized Military PCB Manufacturing Triggers Federal Officer Removal: “Acting Under” Without “Tight Control” and a Broad Post-2011 “Relating To” Nexus Case: Czerno v. General Electric Company, No....

Compensation Limits Triggered by Publishing Rental Listings Are Content-Neutral Commercial-Speech Regulations Reviewed Under Central Hudson; FARE Act Likely Valid Under the Contracts Clause

Date: Jul 15, 2026

Compensation Limits Triggered by Publishing Rental Listings Are Content-Neutral Commercial-Speech Regulations Reviewed Under Central Hudson; FARE Act Likely Valid Under the Contracts Clause...

Second Circuit: Daubert Gatekeeping Cannot Displace Scientific Disagreement in Bradford Hill–Based General Causation; OTC Pregnancy Warning Rules Do Not Preempt Supplemental Risk Warnings

Date: Jul 15, 2026

Second Circuit: Daubert Gatekeeping Cannot Displace Scientific Disagreement in Bradford Hill–Based General Causation; OTC Pregnancy Warning Rules Do Not Preempt Supplemental Risk Warnings I....

Impeachment-Only Recordings Need Not Be Pre-Disclosed Absent Clear Pretrial Rule—Erroneous Exclusion Requires a New § 1983 Trial

Date: Jul 15, 2026

Impeachment-Only Recordings Need Not Be Pre-Disclosed Absent Clear Pretrial Rule—Erroneous Exclusion Requires a New § 1983 Trial Case: McClarin v. City of New York (2d Cir. July 13, 2026) Panel:...

Wyoming WAPA Review: Arbitrary-and-Capricious Scrutiny Applies to Agency Legislative (Rulemaking) Action

Date: Jul 15, 2026

Wyoming WAPA Review: Arbitrary-and-Capricious Scrutiny Applies to Agency Legislative (Rulemaking) Action Decision: Warren Livestock, LLC, et al. v. Board of County Commissioners, County of Albany,...

Wyoming Applies Arbitrary-and-Capricious Review to Agency Legislative Rulemaking Under the WAPA (APOZ Aquifer-Protection Zoning Upheld)

Date: Jul 15, 2026

Wyoming Applies Arbitrary-and-Capricious Review to Agency Legislative Rulemaking Under the WAPA (APOZ Aquifer-Protection Zoning Upheld) 1. Introduction In Warren Livestock, LLC, et al. v. Board of...

Totality-of-the-Circumstances Nexus in Search-Warrant Affidavits: Common-Sense Inferences and Presumed Reliability of Law-Enforcement Sources

Date: Jul 15, 2026

Totality-of-the-Circumstances Nexus in Search-Warrant Affidavits: Common-Sense Inferences and Presumed Reliability of Law-Enforcement Sources Introduction In Christopher Allen Campbell v. The State...

State v. Morgan: Courts Must Decide Reasonable Suspicion Before Applying the New-Crime/Attenuation Exception

Date: Jul 15, 2026

State v. Morgan: Courts Must Decide Reasonable Suspicion Before Applying the New-Crime/Attenuation Exception 1. Introduction In State v. Morgan (N.M. July 13, 2026), the Supreme Court of New Mexico...

LMRA § 301 Complete Preemption of State Tort Claims That Require CBA Interpretation (Including “Publication” for Defamation and “Outrageousness” for IIED)

Date: Jul 15, 2026

LMRA § 301 Complete Preemption of State Tort Claims That Require CBA Interpretation (Including “Publication” for Defamation and “Outrageousness” for IIED) 1. Introduction Case: Pete Szmurlo v. TK...

Rule 3(c)(4) “Merger” and Local-Rule Admissions: Interlocutory Orders Reviewable on Appeal and Unrebutted Facts Supporting Summary Judgment in an ADA Termination Case

Date: Jul 15, 2026

Rule 3(c)(4) “Merger” and Local-Rule Admissions: Interlocutory Orders Reviewable on Appeal and Unrebutted Facts Supporting Summary Judgment in an ADA Termination Case 1. Introduction In Jacqualine...

ADEA Claims Challenging Federal Contract “Suitability” Decisions Require Age-Causation Evidence; Undisclosed Comparators and Non-Decisionmaker Remarks (Even with Alleged Cat’s Paw) Are Insufficient Where an Independent Review Breaks the Chain

Date: Jul 15, 2026

ADEA Claims Challenging Federal Contract “Suitability” Decisions Require Age-Causation Evidence; Undisclosed Comparators and Non-Decisionmaker Remarks (Even with Alleged Cat’s Paw) Are Insufficient...

Estates with Multiple Beneficiaries Must Appear Through Counsel in Federal Court; Persistent Failure to Retain Counsel Warrants Rule 41(b) Dismissal With Prejudice (and a Belated Rule 54(b) Judgment Ripens a Premature Appeal)

Date: Jul 15, 2026

Estates with Multiple Beneficiaries Must Appear Through Counsel in Federal Court; Persistent Failure to Retain Counsel Warrants Rule 41(b) Dismissal With Prejudice (and a Belated Rule 54(b) Judgment...

Plain-Error Relief Denied for Alleged Hearing-Access Defect in Civil Commitment Absent Objection and Where Record Shows Participation (Matter of L.S.)

Date: Jul 15, 2026

Plain-Error Relief Denied for Alleged Hearing-Access Defect in Civil Commitment Absent Objection and Where Record Shows Participation (Matter of L.S.) 1. Introduction In Matter of L.S., 2026 MT 154N...

Enforcing a Final Marital Property Settlement Agreement: Limits on Post-Decree Relitigation and Procedural Leniency for Pro Se Appeals

Date: Jul 15, 2026

Enforcing a Final Marital Property Settlement Agreement: Limits on Post-Decree Relitigation and Procedural Leniency for Pro Se Appeals Introduction Marriage of McLaughlin (Mont. Sup. Ct. 2026 MT...

U‑Visa Waiting‑List Relief Is Disjunctive: USCIS May Grant Deferred Action or Parole (Not Both), and Overseas Parole‑Process Claims Become Moot Once Conditional Parole Is Provided

Date: Jul 15, 2026

U‑Visa Waiting‑List Relief Is Disjunctive: USCIS May Grant Deferred Action or Parole (Not Both), and Overseas Parole‑Process Claims Become Moot Once Conditional Parole Is Provided 1. Introduction...

Preservation Rule: No Appellate Review of Search-Warrant Probable Cause Absent a Pretrial Suppression Motion (Delaware Supreme Court Rule 26(c))

Date: Jul 15, 2026

Preservation Rule: No Appellate Review of Search-Warrant Probable Cause Absent a Pretrial Suppression Motion (Delaware Supreme Court Rule 26(c)) 1. Introduction Tucker v. State (Del. July 10, 2026)...

Eleventh Circuit Reaffirms Sentencing Commission Authority to Treat State Drug Felonies as “Controlled Substance Offenses” for Career-Offender Status

Date: Jul 15, 2026

Eleventh Circuit Reaffirms Sentencing Commission Authority to Treat State Drug Felonies as “Controlled Substance Offenses” for Career-Offender Status Introduction In United States v. Yaphet Martin...

Duress Requires a Continuous, Immediate Threat and No Realistic Chance to Seek Help: Proffer Insufficiency Bars Both Defense and Instruction

Date: Jul 15, 2026

Duress Requires a Continuous, Immediate Threat and No Realistic Chance to Seek Help: Proffer Insufficiency Bars Both Defense and Instruction Case: United States v. Joseph Ricard (with co-appellants...