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

No-Fault Compound Interest Must Exclude Periods of Claimant-Caused Unreasonable Delay Under 11 NYCRR 65-3.9(d)

Date: Jul 9, 2026

No-Fault Compound Interest Must Exclude Periods of Claimant-Caused Unreasonable Delay Under 11 NYCRR 65-3.9(d) Case: Matter of 563 Grand Med., P.C. v. Country-Wide Ins. Co. Court: Appellate Division...

Frontario v. White Plains Pub. Sch. Dist.: Workers’ Compensation Exclusivity Requires Proof of Coverage/Benefits, and School-District Negligence Turns on Pre- vs. Post-Disclosure Notice

Date: Jul 9, 2026

Frontario v. White Plains Pub. Sch. Dist.: Workers’ Compensation Exclusivity Requires Proof of Coverage/Benefits, and School-District Negligence Turns on Pre- vs. Post-Disclosure Notice 1....

Sanctions for Refusing to Finalize an Enforced Settlement: No Separate Sanctions Hearing Required Under 22 NYCRR 130-1.1 When Parties Had Notice and an Opportunity to Oppose

Date: Jul 9, 2026

Sanctions for Refusing to Finalize an Enforced Settlement: No Separate Sanctions Hearing Required Under 22 NYCRR 130-1.1 When Parties Had Notice and an Opportunity to Oppose 1. Introduction Guliyev v...

Enforceability of PCUSA Express Property Trust Under Neutral Principles and New York Religious Corporations Law

Date: Jul 9, 2026

Enforceability of PCUSA Express Property Trust Under Neutral Principles and New York Religious Corporations Law Introduction In Presbytery of Long Is. v. Central Presbyt. Church, 2026 NY Slip Op...

Foreign-Country Money Judgments in New York: Article 53 Recognition Cannot Be Granted by “Cross-Motion” Before Issue Is Joined; Attachment Requires a Recognized Judgment and Concrete Proof of Fraudulent Intent

Date: Jul 9, 2026

Foreign-Country Money Judgments in New York: Article 53 Recognition Cannot Be Granted by “Cross-Motion” Before Issue Is Joined; Attachment Requires a Recognized Judgment and Concrete Proof of...

Adult Survivors Act Does Not Expand Employer Tort Liability: Respondeat Superior and Workers’ Compensation Exclusivity Limit Post-18 Tort Claims, While Executive Law § 296 Hostile-Work-Environment Claims May Proceed on Condonation

Date: Jul 9, 2026

Adult Survivors Act Does Not Expand Employer Tort Liability: Respondeat Superior and Workers’ Compensation Exclusivity Limit Post-18 Tort Claims, While Executive Law § 296 Hostile-Work-Environment...

Guardianship “Backdating” Does Not Control Idaho Quiet Title: Situs-State Jurisdiction Prevails Over Later Foreign Incapacity Findings

Date: Jul 9, 2026

Guardianship “Backdating” Does Not Control Idaho Quiet Title: Situs-State Jurisdiction Prevails Over Later Foreign Incapacity Findings I. Introduction Shaw v. Shaw (Idaho Supreme Court, July 8, 2026)...

Taylor v. Cao: “Unusually Deferential” APA Review Governs BCNR Discharge-Upgrade Denials and Permits Serious Misconduct to Outweigh PTSD Mitigation Under Hagel/Kurta/Wilkie Guidance

Date: Jul 8, 2026

Taylor v. Cao: “Unusually Deferential” APA Review Governs BCNR Discharge-Upgrade Denials and Permits Serious Misconduct to Outweigh PTSD Mitigation Under Hagel/Kurta/Wilkie Guidance 1. Introduction...

Enforceable 9.99% “Blockers” Defeat Section 16(b) Short-Swing Liability Absent Plausible Allegations of Sham, Waivability-in-Sole-Discretion, or Real-World Cap Breach

Date: Jul 8, 2026

Enforceable 9.99% “Blockers” Defeat Section 16(b) Short-Swing Liability Absent Plausible Allegations of Sham, Waivability-in-Sole-Discretion, or Real-World Cap Breach 1. Introduction In...

Broad “Remedial Authority” Clauses Permit Compensatory Monetary Awards for Staffing-Grid Breaches Absent an Express Contractual Limitation

Date: Jul 8, 2026

Broad “Remedial Authority” Clauses Permit Compensatory Monetary Awards for Staffing-Grid Breaches Absent an Express Contractual Limitation I. Introduction The New York and Presbyterian Hospital v....

Silence Is Forfeiture (Not Waiver): “Cooperate With and Abide by All Instructions of Immigration Authorities” Supervised-Release Condition Upheld

Date: Jul 8, 2026

Silence Is Forfeiture (Not Waiver): “Cooperate With and Abide by All Instructions of Immigration Authorities” Supervised-Release Condition Upheld I. Introduction In United States v. Salvador (2d Cir....

Seventh Circuit: Pretextual Commercial-Truck “Administrative Inspections” Violate the Fourth Amendment; No Good-Faith Safe Harbor for Tip-Driven K9 Stops

Date: Jul 8, 2026

Seventh Circuit: Pretextual Commercial-Truck “Administrative Inspections” Violate the Fourth Amendment; No Good-Faith Safe Harbor for Tip-Driven K9 Stops Case: United States v. Ausencio Martinez, No....

Hawkins v. Northwestern Corp.: Waiver of Procedural Judicial-Assignment Objections, Rule 2(c) Dismissal for Nonresponse, and “Good Cause” Limits on Post-Deadline Joinder

Date: Jul 8, 2026

Hawkins v. Northwestern Corp.: Waiver of Procedural Judicial-Assignment Objections, Rule 2(c) Dismissal for Nonresponse, and “Good Cause” Limits on Post-Deadline Joinder Introduction In Hawkins v....

Tuma v. Britt (2026 MT 144) Commentary

Date: Jul 8, 2026

Ambiguous Lease Amendment Removing “Paragraph 5” Permits Extrinsic Evidence and Preserves a Lessee’s Tenancy-in-Common Purchase Right Introduction Tuma v. Britt, 2026 MT 144, is a Montana Supreme...

State v. Twardoski (2026 MT 142): Revictimization Statistics as Permissible “Educational” Expert Testimony; Actual Vindictiveness Standard for Harsher Resentencing by a Different Judge

Date: Jul 8, 2026

Revictimization Statistics May Be “Educational,” and Harsher Resentencing by a Different Judge Requires Proof of Actual Vindictiveness 1. Introduction Case: State v. A. Twardoski, 2026 MT 142 (Mont....

De Novo ERISA Review Allows Extra-Record Evidence in District Court—But Not Late or on Appeal Absent Scheduling Compliance and “Interests of Justice”

Date: Jul 8, 2026

De Novo ERISA Review Allows Extra-Record Evidence in District Court—But Not Late or on Appeal Absent Scheduling Compliance and “Interests of Justice” Introduction In Yu Wang v. Metropolitan Life...

Guidelines Commentary Error on § 2G2.2 Video “Image” Counting Is Not Plainly Reversible When Correct Frame-Based Counting Still Triggers the 600-Image Enhancement

Date: Jul 8, 2026

Guidelines Commentary Error on § 2G2.2 Video “Image” Counting Is Not Plainly Reversible When Correct Frame-Based Counting Still Triggers the 600-Image Enhancement Case: United States v. Lucio Daza...

Wyoming Boys’ School Cannot Be Used to Detain Alleged Delinquents Pre‑Adjudication

Date: Jul 8, 2026

Wyoming Boys’ School Cannot Be Used to Detain Alleged Delinquents Pre‑Adjudication 1. Introduction In the Interest of RCR, a Minor Child: State of Wyoming, Department of Family Services; Wyoming...

Wyoming Boys’ School Cannot Be Used for Pre-Adjudication Juvenile Detention Under the Juvenile Justice Act

Date: Jul 8, 2026

Wyoming Boys’ School Cannot Be Used for Pre-Adjudication Juvenile Detention Under the Juvenile Justice Act 1. Introduction In In the Interest of RCR, a minor child, STATE OF WYOMING, DEPARTMENT OF...

Wyoming Courts Cannot Condition Public-Defender Representation on Forced Pretrial Liquidation of a Defendant’s Assets

Date: Jul 8, 2026

Wyoming Courts Cannot Condition Public-Defender Representation on Forced Pretrial Liquidation of a Defendant’s Assets Introduction In John Robert Allen v. The State of Wyoming, 2026 WY 72, the...