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

ALJ May Qualitatively Weigh Conflicting Arterial Blood-Gas Studies Using Exercise Duration Without Additional Expert Proof

Date: Jul 13, 2026

ALJ May Qualitatively Weigh Conflicting Arterial Blood-Gas Studies Using Exercise Duration Without Additional Expert Proof 1. Introduction Pocahontas Coal Company, LLC v. DOWCP (4th Cir. July 10,...

Retaliation by Accelerated Removal: Fact Dispute Created When Employer’s Notice Ties Timing to Protected Complaints

Date: Jul 13, 2026

Retaliation by Accelerated Removal: Fact Dispute Created When Employer’s Notice Ties Timing to Protected Complaints 1. Introduction In Mark Lee v. West Virginia University Medical Corporation, Dr....

Divisibility of West Virginia’s Controlled Substances Act: “Manufacture” (Including Cultivation) Qualifies as a Guidelines Controlled Substance Offense Despite Campbell

Date: Jul 13, 2026

Divisibility of West Virginia’s Controlled Substances Act: “Manufacture” (Including Cultivation) Qualifies as a Guidelines Controlled Substance Offense Despite Campbell I. Introduction In United...

Spoliation Sanctions May Presume EEOC Right-to-Sue Notice Receipt Date and Dispose of Time-Barred Title VII Claims

Date: Jul 13, 2026

Spoliation Sanctions May Presume EEOC Right-to-Sue Notice Receipt Date and Dispose of Time-Barred Title VII Claims Case: Jerry Painadath v. Good Shepherd Penn Partners (3d Cir. July 10, 2026)...

UPRD Bond Validation: Referendum-First Authority, Curable Indenture Ambiguities, and Qualitative “Special Benefit” Proof Under City of Boca Raton

Date: Jul 13, 2026

UPRD Bond Validation: Referendum-First Authority, Curable Indenture Ambiguities, and Qualitative “Special Benefit” Proof Under City of Boca Raton I. Introduction In Dean K. Matt v. State of Florida,...

Florida Workers’ Compensation: Workplace Assault Injuries Are Compensable Upon Proof of Work-Relatedness (Including Increased-Risk Exposure) Without Proving Assailant Motive

Date: Jul 13, 2026

Florida Workers’ Compensation: Workplace Assault Injuries Are Compensable Upon Proof of Work-Relatedness (Including Increased-Risk Exposure) Without Proving Assailant Motive I. Introduction In...

State v. Gardner: Kansas Reaffirms Deferential “Substantial Basis” Review and Rejects Divide-and-Conquer Attacks on Search-Warrant Affidavits

Date: Jul 13, 2026

State v. Gardner: Kansas Reaffirms Deferential “Substantial Basis” Review and Rejects Divide-and-Conquer Attacks on Search-Warrant Affidavits Court: Supreme Court of Kansas Date: July 10, 2026 Case:...

Substantial-Evidence Review: No Reversal for Omitted Sleep-Study Discussion When the Record Is Otherwise Addressed and the Omitted Evidence Is Not Materially Different

Date: Jul 13, 2026

Substantial-Evidence Review: No Reversal for Omitted Sleep-Study Discussion When the Record Is Otherwise Addressed and the Omitted Evidence Is Not Materially Different Introduction In Nicole Trost v....

United States v. Castro — Forfeited Rule 33 Timeliness Preserves FRAP 4(b)(3) Tolling; Separate Notice Required for Post‑Judgment Orders

Date: Jul 13, 2026

Forfeited Rule 33 Timeliness Preserves FRAP 4(b)(3) Tolling; Separate Notice Required for Post‑Judgment Orders Introduction United States v. Castro (5th Cir. July 10, 2026) arises from the...

PLRA Exhaustion Applies to Post-Release Supervision Revocation Detainees Housed in County Jail; MDOC ARP Required

Date: Jul 13, 2026

PLRA Exhaustion Applies to Post-Release Supervision Revocation Detainees Housed in County Jail; MDOC ARP Required Introduction In Villarreal v. VitalCore (5th Cir. July 9, 2026) (unpublished), the...

Harmless-Error Affirmance in Supervised-Release Revocations When Uncontested Violations Independently Support Revocation

Date: Jul 13, 2026

Harmless-Error Affirmance in Supervised-Release Revocations When Uncontested Violations Independently Support Revocation Introduction In United States v. Goodwill (5th Cir. July 8, 2026) (per curiam)...

§ 1623(a) Expressly Preempts State Residence-Based In-State Tuition for Unlawfully Present Aliens; Futility Screening Applies to Defense-Side Intervenors

Date: Jul 13, 2026

§ 1623(a) Expressly Preempts State Residence-Based In-State Tuition for Unlawfully Present Aliens; Futility Screening Applies to Defense-Side Intervenors Introduction In United States v. State of...

Fifth Circuit: No Duty to Mitigate Title VII Emotional-Distress Compensatory Damages

Date: Jul 13, 2026

Fifth Circuit: No Duty to Mitigate Title VII Emotional-Distress Compensatory Damages I. Introduction In EEOC v. SkyWest Airlines (5th Cir. July 9, 2026), the Equal Employment Opportunity Commission...

Forfeitable Rule 33 Timeliness Triggers FRAP 4(b)(3) Tolling; Post-Judgment Orders Require a Separate Notice of Appeal

Date: Jul 13, 2026

Forfeitable Rule 33 Timeliness Triggers FRAP 4(b)(3) Tolling; Post-Judgment Orders Require a Separate Notice of Appeal Case: United States v. Castro (5th Cir. July 10, 2026) (per curiam, unpublished)...

Coram Nobis Requires Prompt Action and Cumulative Brady Materiality—Even When the District Court Analyzes Evidence Piecemeal

Date: Jul 13, 2026

Coram Nobis Requires Prompt Action and Cumulative Brady Materiality—Even When the District Court Analyzes Evidence Piecemeal Case: United States v. Jonathan Giannone (4th Cir. July 9, 2026)...

United States v. Carson: Timing Controls Rodriguez—Once Marijuana Odor Establishes Probable Cause, Later “Detours” Do Not Unlawfully Prolong the Stop; Sakyi Continues to Permit Drug-Based Frisks

Date: Jul 13, 2026

United States v. Carson: Timing Controls Rodriguez—Once Marijuana Odor Establishes Probable Cause, Later “Detours” Do Not Unlawfully Prolong the Stop; Sakyi Continues to Permit Drug-Based Frisks I....

Virginia Embezzlement Is Not Categorically a “Fraud or Deceit” Aggravated Felony Under INA § 1101(a)(43)(M)(i)

Date: Jul 13, 2026

Virginia Embezzlement Is Not Categorically a “Fraud or Deceit” Aggravated Felony Under INA § 1101(a)(43)(M)(i) Case: Maximino Ramos v. Todd Blanche Court: United States Court of Appeals for the...

Policy Violations Alone Do Not Establish Eighth Amendment Deliberate Indifference Absent Proof of Subjective Awareness of a Substantial Risk

Date: Jul 13, 2026

Policy Violations Alone Do Not Establish Eighth Amendment Deliberate Indifference Absent Proof of Subjective Awareness of a Substantial Risk Introduction In Randle Jackson v. Gerald Bush (4th Cir....

Fourth Circuit: Nonparty Attorney May Immediately Appeal a Separate Civil-Contempt Sanction, and Civil Contempt Requires Clear Proof of Harm (Not Punishment)

Date: Jul 13, 2026

Fourth Circuit: Nonparty Attorney May Immediately Appeal a Separate Civil-Contempt Sanction, and Civil Contempt Requires Clear Proof of Harm (Not Punishment) I. Introduction In Dmarcian, Inc. v....

Abitron Conduct Test in the Fourth Circuit: Targeting U.S. Customers via a Trademark-Misusing Website Triggers Domestic “Use in Commerce,” and Sanctions Tied to Foreign-Court Corrections Await Final Judgment Review

Date: Jul 13, 2026

Abitron Conduct Test in the Fourth Circuit: Targeting U.S. Customers via a Trademark-Misusing Website Triggers Domestic “Use in Commerce,” and Sanctions Tied to Foreign-Court Corrections Await Final...