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

Writ Quashed with Horsley Disclaimer: No Implied Endorsement of Lower-Court Reasoning in an Abandonment-Based TPR Appeal

Date: Jul 15, 2026

Writ Quashed with Horsley Disclaimer: No Implied Endorsement of Lower-Court Reasoning in an Abandonment-Based TPR Appeal 1. Introduction In Ex parte M.P. (Ala. July 10, 2026), the Supreme Court of...

Plea-Hearing “Not My Co‑Conspirator” Denials Are Not Statements Against Penal Interest; Prior Drug Sales Prove Intent in Specific-Intent Drug Cases

Date: Jul 14, 2026

Plea-Hearing “Not My Co‑Conspirator” Denials Are Not Statements Against Penal Interest; Prior Drug Sales Prove Intent in Specific-Intent Drug Cases Introduction In United States v. Gary Cunningham,...

State v. Mendez: Totality-of-Statements Review for Juror Actual Bias and Reaffirmation of Fuson’s Presumed Prejudice Rule

Date: Jul 14, 2026

State v. Mendez: Totality-of-Statements Review for Juror Actual Bias and Reaffirmation of Fuson’s Presumed Prejudice Rule 1. Introduction In State v. Mendez (N.M. July 13, 2026), the Supreme Court of...

State v. Woody: Two-Step Standard for State Continuances Based on Witness Unavailability; Rejection of the Lee Test

Date: Jul 14, 2026

State v. Woody: A Two-Step Standard for State Continuances Based on Witness Unavailability (HRPP Rule 48 Due Diligence First; Common-Law Good Cause Totality Second) and Rejection of the “Lee Test”...

Contract Duration at the Pleading Stage: “In Effect” Covenants Survive Patent Expiration Unless Expiration Is Compelled as a Matter of Law

Date: Jul 14, 2026

Contract Duration at the Pleading Stage: “In Effect” Covenants Survive Patent Expiration Unless Expiration Is Compelled as a Matter of Law Case: Teva Pharmaceuticals USA, Inc. v. Eli Lilly and...

State v. Morgan: Reasonable Suspicion First—No “New Crime Exception” Analysis Without an Unconstitutional Seizure

Date: Jul 14, 2026

State v. Morgan (N.M. 2026): Courts Must Decide Reasonable Suspicion Before Reaching the “New Crime Exception,” and Officer Identification Does Not Negate Reasonable Suspicion I. Introduction In...

Koehler v. Infosys: Rule 702 Requires Proven Reliability for Name-Matching Demographic Proof, and Courts May Exclude It Sua Sponte

Date: Jul 14, 2026

Koehler v. Infosys: Rule 702 Requires Proven Reliability for Name-Matching Demographic Proof, and Courts May Exclude It Sua Sponte 1. Introduction In Brenda Koehler v. Infosys Technologies Limited,...

State v. Polizzi (2026-Ohio-2588) Commentary

Date: Jul 13, 2026

Consecutive-Sentencing Proportionality and Appellate Review: No Aggregate-Term Requirement Under R.C. 2929.14(C)(4) and R.C. 2953.08(G)(2) I. Introduction State v. Polizzi, Slip Opinion No....

County Right-of-Way Permits Under § 86-704 Are Quasi-Judicial and Cannot Be Denied to Undermine PSC Broadband Grants

Date: Jul 13, 2026

County Right-of-Way Permits Under § 86-704 Are Quasi-Judicial and Cannot Be Denied to Undermine PSC Broadband Grants Introduction In Pinpoint Communications v. Gage County, 321 Neb. 764 (July 10,...

First Amendment Limits on Florida Bar Rule 4-8.2(a) in Partisan “Legal Office” Campaigns

Date: Jul 13, 2026

First Amendment Limits on Florida Bar Rule 4-8.2(a) in Partisan “Legal Office” Campaigns Introduction In The Florida Bar v. Christopher W. Crowley (Fla. July 9, 2026), the Supreme Court of Florida...

Reasonable Reliance on “Duplicative Request” Case Law Can Justify Denial of Statutory Damages Under R.C. 149.43

Date: Jul 13, 2026

Reasonable Reliance on “Duplicative Request” Case Law Can Justify Denial of Statutory Damages Under R.C. 149.43 1) Introduction In State ex rel. Mobley v. Franklin Cty. Bd. of Commrs., Slip Opinion...

Injured Judgment Creditors Lack Standing to Reform Liability Policies in Garnishment Proceedings

Date: Jul 13, 2026

Injured Judgment Creditors Lack Standing to Reform Liability Policies in Garnishment Proceedings I. Introduction Bocanegra v. Gonzalez, 321 Neb. 738 (July 10, 2026), arises from an effort by an...

AEDPA Deference Attaches to the Last Reasoned Merits Decision—Not to Unreached Strickland Prongs Addressed Only by a Lower Court

Date: Jul 13, 2026

AEDPA Deference Attaches to the Last Reasoned Merits Decision—Not to Unreached Strickland Prongs Addressed Only by a Lower Court Case: George Michael Steen v. Leslie Cooley Dismukes, et al. (4th Cir....

Invited Error Forecloses Sixth Amendment Sentencing-Inquiry Claims When the Defendant Disclaims Substitute Counsel

Date: Jul 13, 2026

Invited Error Forecloses Sixth Amendment Sentencing-Inquiry Claims When the Defendant Disclaims Substitute Counsel Case: United States v. Michael Arnet Thomas (6th Cir. July 10, 2026) (not...

FOIA/Privacy Act as “Adequate Remedy” Bars APA & Mandamus to Compel Unredacted Security-Clearance Files; EO 12,968 Creates No Enforceable Rights

Date: Jul 13, 2026

FOIA/Privacy Act as “Adequate Remedy” Bars APA & Mandamus to Compel Unredacted Security-Clearance Files; EO 12,968 Creates No Enforceable Rights Introduction In Ryan Baugh v. CENTRAL INTELLIGENCE...

Permit Indemnification Limited to Permittee Misconduct Does Not Create a Petition-Clause Unconstitutional Condition; Pennhurst Bars Federal Ultra Vires State-Law Relief

Date: Jul 13, 2026

Permit Indemnification Limited to Permittee Misconduct Does Not Create a Petition-Clause Unconstitutional Condition; Pennhurst Bars Federal Ultra Vires State-Law Relief I. Introduction Stephen and...

State v. Burries: Pro Se Postconviction Filings While Represented by Counsel Are a Nullity

Date: Jul 13, 2026

State v. Burries (2026): Pro Se Postconviction Filings While Represented by Counsel Are a Nullity (Except Motions to Discharge Counsel) I. Introduction Case: State v. Burries, 321 Neb. 776 (Neb. July...

State v. Mallozzi (Conn. 2026): Late-Disclosed Defense Experts Require Good Cause and a Meaningful Proffer

Date: Jul 13, 2026

State v. Mallozzi (Conn. 2026): Late-Disclosed Defense Experts Require Good Cause and a Meaningful Proffer Court: Supreme Court of Connecticut | Officially released: July 14, 2026 1. Introduction...

Grave-Risk Return Bar Under the Hague Convention Where Repatriation Would Expose a Child to a Parent’s Cartel Ties and Active Substance Addiction

Date: Jul 13, 2026

Grave-Risk Return Bar Under the Hague Convention Where Repatriation Would Expose a Child to a Parent’s Cartel Ties and Active Substance Addiction 1. Introduction Lozano v. Perez (5th Cir. July 9,...

Jus Cogens Violations Are Not “Official Acts”: No Conduct-Based Foreign Official Immunity for TVPA Extrajudicial Killing Claims

Date: Jul 13, 2026

Jus Cogens Violations Are Not “Official Acts”: No Conduct-Based Foreign Official Immunity for TVPA Extrajudicial Killing Claims Introduction In Gert Kuiper v. Mario Reyes Mena (4th Cir. July 8,...