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

Rainwater Damage as an “Ensuing Loss” Under Construction-Defect Exclusions; Fungi Additional Coverage as an Exception to the Fungi Exclusion (Wisconsin)

Date: Jul 8, 2026

Rainwater Damage as an “Ensuing Loss” Under Construction-Defect Exclusions; Fungi Additional Coverage as an Exception to the Fungi Exclusion (Wisconsin) Introduction Case: Cincinnati Insurance...

Notice of Voting Eligibility Forms Are “Closed” Under § 54.75, and Public-Records Mandamus Turns Solely on Entitlement to the Record

Date: Jul 8, 2026

Notice of Voting Eligibility Forms Are “Closed” Under § 54.75, and Public-Records Mandamus Turns Solely on Entitlement to the Record Case: Wisconsin Voter Alliance v. Kristina Secord (2026 WI 27) |...

Cost Liability as a Collateral Consequence Keeps Chapter 55 Protective-Placement Appeals Alive Despite Later Continuation Orders

Date: Jul 8, 2026

Cost Liability as a Collateral Consequence Keeps Chapter 55 Protective-Placement Appeals Alive Despite Later Continuation Orders Introduction Racine County v. R.P.L. (2026 WI 26) sits at the...

“Controlled Substance” in U.S.S.G. § 4B1.2(b) Means CSA-Only: Massachusetts “Cocaine” Convictions Not Predicates if They Cover Ioflupane

Date: Jul 7, 2026

“Controlled Substance” in U.S.S.G. § 4B1.2(b) Means CSA-Only: Massachusetts “Cocaine” Convictions Not Predicates if They Cover Ioflupane I. Introduction In United States v. Rosado Maldonado (1st Cir....

First Circuit Rule: Career-Offender “Controlled Substance” Is Defined by Federal Schedules at Federal Sentencing (Not State Law and Not the Time of the Prior Conviction)

Date: Jul 7, 2026

First Circuit Rule: Career-Offender “Controlled Substance” Is Defined by Federal Schedules at Federal Sentencing (Not State Law and Not the Time of the Prior Conviction) I. Introduction In United...

Dormant Commerce Clause Bars Rhode Island from Enforcing Dealer-Protection Notice/Protest Rights to Block Out-of-State Dealerships

Date: Jul 7, 2026

Dormant Commerce Clause Bars Rhode Island from Enforcing Dealer-Protection Notice/Protest Rights to Block Out-of-State Dealerships 1. Introduction In Rhode Island Truck Ctr v. Daimler Trucks North...

Joint Named Insureds Are “One Insured” Under A.R.S. § 20-259.01(H) for UM/UIM Anti-Stacking Limits

Date: Jul 7, 2026

Joint Named Insureds Are “One Insured” Under A.R.S. § 20-259.01(H) for UM/UIM Anti-Stacking Limits Introduction In STATE FARM v. BALZAN (Ariz. July 6, 2026), the Arizona Supreme Court resolved a...

Summary Affirmance for Non-Cogent Appellate Briefing Under W.R.A.P. 7.01 and 7.03 (Even When Represented by Counsel)

Date: Jul 7, 2026

Summary Affirmance for Non-Cogent Appellate Briefing Under W.R.A.P. 7.01 and 7.03 (Even When Represented by Counsel) 1. Introduction Joshua Michael Idler v. Ashley Nicole Idler, 2026 WY 71 (Wyo. July...

Denial-of-Access-to-Courts Claims Require Standing to Pursue (and Benefit From) the Underlying Wrongful-Death Action

Date: Jul 7, 2026

Denial-of-Access-to-Courts Claims Require Standing to Pursue (and Benefit From) the Underlying Wrongful-Death Action I. Introduction Case: Vicki Stewart v. Jason Derbort, No. 25-2651 (7th Cir. July...

Equitable Tolling for § 1252(b)(1) After Riley When Petitioners Relied on Binding Circuit Precedent; Reinstatement Orders Remain Reviewable Final Orders

Date: Jul 7, 2026

Equitable Tolling for § 1252(b)(1) After Riley When Petitioners Relied on Binding Circuit Precedent; Reinstatement Orders Remain Reviewable Final Orders Commentary on E.E.V. and M.C.C.-G. v. Todd W....

ACCA Predicate Drug Offenses in Georgia: Incorporation of Federal Drug Schedules Defeats “Broader Cocaine Definition” Overbreadth Challenges

Date: Jul 7, 2026

ACCA Predicate Drug Offenses in Georgia: Incorporation of Federal Drug Schedules Defeats “Broader Cocaine Definition” Overbreadth Challenges 1. Introduction In United States v. Emory Austin Carter...

Corroborated Controlled Buys and Collective Knowledge Establish Probable Cause for Warrantless Public Arrest; Resentencing After § 2255 Remains De Novo with Discretionary Weight to Rehabilitation

Date: Jul 7, 2026

Corroborated Controlled Buys and Collective Knowledge Establish Probable Cause for Warrantless Public Arrest; Resentencing After § 2255 Remains De Novo with Discretionary Weight to Rehabilitation I....

Speculation and Missing Logbook Entries Do Not Create a Trial-Worthy Dispute in Prison Medical-Care Cases

Date: Jul 7, 2026

Speculation and Missing Logbook Entries Do Not Create a Trial-Worthy Dispute in Prison Medical-Care Cases Introduction In Quentin Taylor v. Dennis Reagle (7th Cir. July 6, 2026), Indiana prisoner...

Equitable Tolling for § 1252(b)(1) After Riley and Continued Reviewability of Reinstatement Orders

Date: Jul 7, 2026

Equitable Tolling for § 1252(b)(1) After Riley and Continued Reviewability of Reinstatement Orders I. Introduction In M. C. C.-G. v. Todd W. Blanche (consolidated with a companion petition by...

Jurisdictional Bar to Reweighing Evidence in I-751 Good-Faith Marriage Waiver Denials; Statutory “Reasonable Opportunity” Requires Prejudice

Date: Jul 7, 2026

Jurisdictional Bar to Reweighing Evidence in I-751 Good-Faith Marriage Waiver Denials; Statutory “Reasonable Opportunity” Requires Prejudice I. Introduction In Thanh Thao Le Nguyen v. Todd W. Blanche...

Routine Manual Border Searches of Cell Phones Require No Warrant or Individualized Suspicion

Date: Jul 7, 2026

Routine Manual Border Searches of Cell Phones Require No Warrant or Individualized Suspicion Introduction In United States v. Daniel Eta (7th Cir. July 6, 2026), the Seventh Circuit addressed whether...

Harmless Error for Misapplied § 404.1520c Medical-Opinion Factors When Only One Potential “Marked” Mental Limitation Would Not Change Disability Outcome

Date: Jul 7, 2026

Harmless Error for Misapplied § 404.1520c Medical-Opinion Factors When Only One Potential “Marked” Mental Limitation Would Not Change Disability Outcome Introduction Dimitrios Liapis v. Frank...

Private Accreditation as a Non-Delegative Funding Condition Under Title IV

Date: Jul 7, 2026

Private Accreditation as a Non-Delegative, Ascertainable Condition on Federal Student-Aid Eligibility Case: State of Florida v. Secretary, US Department of Education (11th Cir. July 6, 2026) Posture:...

All Parents Retain a Fundamental Right to Cohabit with Their Children; “Misconduct” Cannot Defundamentalize the Right (Strict Scrutiny Applies)

Date: Jul 7, 2026

All Parents Retain a Fundamental Right to Cohabit with Their Children; “Misconduct” Cannot Defundamentalize the Right (Strict Scrutiny Applies) 1. Introduction Bruce Henry v. Sheriff of Tuscaloosa...

Res Ipsa Loquitur Cannot Substitute for the Maritime “Notice” Prerequisite in Cruise-Passenger Negligence Claims

Date: Jul 7, 2026

Res Ipsa Loquitur Cannot Substitute for the Maritime “Notice” Prerequisite in Cruise-Passenger Negligence Claims Case: Maurice Cunningham v. Carnival Cruise Line (11th Cir. July 6, 2026) (per curiam)...