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

State v. Rodriguez (2026-Ohio-2573): “Discernible-Facts” Rule for Carbon-Copy Counts

Date: Jul 11, 2026

State v. Rodriguez (2026-Ohio-2573): The “Discernible-Facts” Rule for Carbon-Copy Counts of the Same Offense I. Introduction In State v. Rodriguez, Slip Opinion No. 2026-Ohio-2573 (decided July 9,...

Controlled Buys Immediately Outside a Residence Create a “Minimally Sufficient Nexus” for Leon Good-Faith Reliance on Search Warrants

Date: Jul 11, 2026

Controlled Buys Immediately Outside a Residence Create a “Minimally Sufficient Nexus” for Leon Good-Faith Reliance on Search Warrants 1. Introduction In United States v. Micah Courtney Gray (6th Cir....

Ends-of-Justice Continuances May Await Imminent En Banc Guidance When Reasons Are Clear from the Record — United States v. Willie David Lark (6th Cir. 2026)

Date: Jul 11, 2026

Ends-of-Justice Continuances May Await Imminent En Banc Guidance When Reasons Are Clear from the Record — United States v. Willie David Lark (6th Cir. 2026) I. Introduction In United States v. Willie...

Sixth Circuit: Upward Variance May Rest on Unobjected-to Pretrial Detention Discipline and a District Court May Deem Resulting National Disparity “Warranted”

Date: Jul 11, 2026

Sixth Circuit: Upward Variance May Rest on Unobjected-to Pretrial Detention Discipline and a District Court May Deem Resulting National Disparity “Warranted” 1. Introduction United States v. O'Shane...

Rule 4 Summary Dismissal Is Improper When Court-Generated Conflicting Notices Create a Plausible Equitable-Tolling Claim

Date: Jul 11, 2026

Rule 4 Summary Dismissal Is Improper When Court-Generated Conflicting Notices Create a Plausible Equitable-Tolling Claim 1. Introduction In Kyle Millis v. Randee Rewerts (Sixth Circuit, July 9,...

State v. R.F.P.: Chambers Stage-One In Camera Review Allowed on a Totality Showing; Victim Notice Required; No Affidavits Mandated

Date: Jul 11, 2026

State v. R.F.P.: Chambers Stage-One In Camera Review Permitted on a Totality Evidentiary Showing (with Mandatory Victim Notice and No Affidavit Requirement) I. Introduction State v. R.F.P. (N.J. Sup....

Diana v. LVNV Funding: CFLA “Void” Provision Creates No Implied Borrower Lawsuit to Invalidate a Loan

Date: Jul 11, 2026

Diana v. LVNV Funding: CFLA “Void” Provision Creates No Implied Borrower Lawsuit to Invalidate a Loan Court: Supreme Court of New Jersey Date: July 8, 2026 Case: Scott Diana v. LVNV Funding LLC 1....

State v. Roman: § 54-84 (b) Requires a No-Adverse-Inference Instruction in the Final Charge; Suplicki’s Automatic Reversal Rule Overruled

Date: Jul 11, 2026

State v. Roman: § 54-84 (b) Requires a No-Adverse-Inference Instruction in the Final Charge; Suplicki’s Automatic Reversal Rule Overruled 1. Introduction State v. Roman is a Supreme Court of...

Accounting Convenience Is Not a “Reasonable Ground” to Deny Minimum-Wage Protections to Dangerous Live-In Caregivers

Date: Jul 11, 2026

Accounting Convenience Is Not a “Reasonable Ground” to Deny Minimum-Wage Protections to Dangerous Live-In Caregivers 1. Introduction Bolina v. AssureCare Adult Home LLC (Wash. July 9, 2026) addresses...

Second Circuit Requires Intent-Focused CAT Analysis of “State of Exception” Detention and Prison Conditions for Suspected Gang Members

Date: Jul 11, 2026

Second Circuit Requires Intent-Focused CAT Analysis of “State of Exception” Detention and Prison Conditions for Suspected Gang Members 1. Introduction Aguilar-Villalobos v. Blanche is a Second...

Monitoring, Medical Clearance, and Deference to Jail Medical Staff Defeat Fourth Amendment Medical-Care Liability (and Trigger Qualified Immunity)

Date: Jul 11, 2026

Monitoring, Medical Clearance, and Deference to Jail Medical Staff Defeat Fourth Amendment Medical-Care Liability (and Trigger Qualified Immunity) Introduction Case: Estate of Jason Thomson v. Thomas...

Adjunctive Classic-Car Policies May Exclude Portable UM/UIM Coverage When Other Policies Satisfy Alabama’s Minimum Requirements

Date: Jul 11, 2026

Adjunctive Classic-Car Policies May Exclude Portable UM/UIM Coverage When Other Policies Satisfy Alabama’s Minimum Requirements Case: Bobby Clayton v. Essentia Insurance Company (11th Cir. July 8,...

Dissenting Rule: § 54-84(b) Timing Is Not “Plain Error” When the No‑Adverse‑Inference Instruction Is Given Preliminarily

Date: Jul 11, 2026

Dissenting Rule: § 54-84(b) Timing Is Not “Plain Error” When the No‑Adverse‑Inference Instruction Is Given Preliminarily 1. Introduction State v. Roman (Dissent) is a Connecticut Supreme Court...

Crittindon’s DPSC Oversight Rule Applies to Pretrial-Detainee Harm Claims in Parish Jails; Interlocutory Qualified-Immunity Appeals Cannot Revisit Fact Disputes

Date: Jul 11, 2026

Crittindon’s DPSC Oversight Rule Applies to Pretrial-Detainee Harm Claims in Parish Jails; Interlocutory Qualified-Immunity Appeals Cannot Revisit Fact Disputes 1. Introduction Murray v. LeBlanc (5th...

Generic Rule 11 Appeal-Rights Advisement Does Not Undo a Written Appeal Waiver; Paroline Restitution Inquiry Need Not Be Algorithmic

Date: Jul 11, 2026

Generic Rule 11 Appeal-Rights Advisement Does Not Undo a Written Appeal Waiver; Paroline Restitution Inquiry Need Not Be Algorithmic I. Introduction In United States v. Quintanilla (5th Cir. July 7,...

Standing Preserved When Relief Removes an Allegedly Unconstitutional Barrier, Even If Government May Later Invoke Other Reasons

Date: Jul 11, 2026

Standing Preserved When Relief Removes an Allegedly Unconstitutional Barrier, Even If Government May Later Invoke Other Reasons I. Introduction South Carolina State Conference of the NAACP v. Ellen...

United States v. Kevin Williams (4th Cir. 2026) — Commentary

Date: Jul 11, 2026

Fourth Amendment Rule: Police “Block-In” Parking Tactics Create a Seizure; Vague Anonymous 911 Drug Tips Plus “High-Crime Area” Do Not Supply Reasonable Suspicion 1. Introduction United States v....

Fourth Circuit: Clearly Established Right to Religiously Required Diet During Ramadan; Free Exercise Claims Require Turner Analysis (Not RLUIPA’s “Substantial Burden” Framing)

Date: Jul 11, 2026

Fourth Circuit: Clearly Established Right to Religiously Required Diet During Ramadan; Free Exercise Claims Require Turner Analysis (Not RLUIPA’s “Substantial Burden” Framing) Case: Stephen Roberts...

DOH Survey Falsifications: Materiality Under 18 U.S.C. § 1035 Need Not Be Tied to an Actual Payment Decision; CMS-Delegate Surveys Qualify as “Federal Matters” Under § 1519; Restitution May Reflect Payments Avoided by Admissions Bans

Date: Jul 11, 2026

DOH Survey Falsifications: Materiality Under 18 U.S.C. § 1035 Need Not Be Tied to an Actual Payment Decision; CMS-Delegate Surveys Qualify as “Federal Matters” Under § 1519; Restitution May Reflect...

Rule 60(b)(4) Void-Judgment Motions Must Be Filed Within a Reasonable Time—Unjustified Delay Bars Jurisdictional Attacks on Default Judgments

Date: Jul 11, 2026

Rule 60(b)(4) Void-Judgment Motions Must Be Filed Within a Reasonable Time—Unjustified Delay Bars Jurisdictional Attacks on Default Judgments Introduction In Flaherty v. Amigos Del Mar LTD. (1st Cir....