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

Mandamus in Criminal Subpoena Disputes: “Special Loss” and Record-Preservation Assurances as a Basis to Decline Extraordinary Relief

Date: Jun 6, 2026

Mandamus in Criminal Subpoena Disputes: “Special Loss” and Record-Preservation Assurances as a Basis to Decline Extraordinary Relief 1. Introduction State v. Ayon-Urbano, 375 Or 376 (2026), is an...

Prospective-Relief Challenges to an Uninvalidated Conviction Are Barred by Article III Standing Limits and Heck, Making Amendment Futile Under § 1915(e)(2)(B)

Date: Jun 6, 2026

Prospective-Relief Challenges to an Uninvalidated Conviction Are Barred by Article III Standing Limits and Heck, Making Amendment Futile Under § 1915(e)(2)(B) 1. Introduction In Michael Townes v....

PPP Fraud Sentencing: Loss “Detection” Occurs When the Lending Bank Flags/Feezes Accounts; Co‑Conspirator PPP Loans and SBA Fees Are Attributable for Loss and Restitution

Date: Jun 6, 2026

PPP Fraud Sentencing: Loss “Detection” Occurs When the Lending Bank Flags/Feezes Accounts; Co‑Conspirator PPP Loans and SBA Fees Are Attributable for Loss and Restitution 1. Introduction In United...

State v. Freeman (N.M. 2026): Rebutting Presumed Prejudice from Improper Jury Communications by Showing Only a Referral to Existing Instructions

Date: Jun 6, 2026

Improper Jury Communications in New Mexico: Rule 5-612(D)(3) Does Not Excuse Defendant’s Absence, and Presumed Prejudice Is Rebutted When the Court Merely Refers Jurors Back to Existing Instructions...

Adam Walsh Act “No-Risk” Determinations Are Unreviewable in Both Outcome and Method; Constitutional/Legal Challenges Are Channeled to Removal Petitions for Review

Date: Jun 6, 2026

Adam Walsh Act “No-Risk” Determinations Are Unreviewable in Both Outcome and Method; Constitutional/Legal Challenges Are Channeled to Removal Petitions for Review I. Introduction Anqi Liu v....

OEC 601 Competency Is Witness-Wide: Courts May Not Exclude Testimony on a Specific Fact Based on Memory Quality

Date: Jun 6, 2026

OEC 601 Competency Is Witness-Wide: Courts May Not Exclude Testimony on a Specific Fact Based on Memory Quality I. Introduction State v. Benton, 375 Or 334 (Or 2026), arises from a homicide...

State v. Herring (375 Or 350 (2026)) — Gang-Rivalry Motive Evidence Is Noncharacter When It Shows Situational Hostility From Group Status, Not Violent Disposition

Date: Jun 6, 2026

Gang-Rivalry Motive Evidence Is Noncharacter When It Shows Situational Hostility From Group Status, Not Violent Disposition I. Introduction State v. Herring, 375 Or 350 (2026), is an Oregon Supreme...

§ 3582(c)(2) After Amendment 821: District Courts May Deny a Zero-Point-Offender Reduction Based on § 3553(a) and Consider “Obstructive” Offense Conduct Even Without a § 3C1.1 Enhancement

Date: Jun 6, 2026

§ 3582(c)(2) After Amendment 821: District Courts May Deny a Zero-Point-Offender Reduction Based on § 3553(a) and Consider “Obstructive” Offense Conduct Even Without a § 3C1.1 Enhancement 1....

Mississippi Judicial Estoppel After Bankruptcy Dismissal Without Discharge: “Acceptance” Is Revoked

Date: Jun 6, 2026

Mississippi Judicial Estoppel After Bankruptcy Dismissal Without Discharge: “Acceptance” Is Revoked Case: Quinton Strong v. Acara Solutions, Inc. Court: Supreme Court of Mississippi (en banc) Date:...

"Sue and Be Sued" Does Not Waive Sovereign Immunity for Tort Victims’ Fund Payment Demands; § 537.690 Review Is the Exclusive Consent-to-Suit Path

Date: Jun 6, 2026

"Sue and Be Sued" Does Not Waive Sovereign Immunity for Tort Victims’ Fund Payment Demands; § 537.690 Review Is the Exclusive Consent-to-Suit Path 1. Introduction Jones vs. Missouri Labor and...

Speculation Is Not Disenfranchisement: Annexation/SEMS Delays and Affidavit Voting Do Not Void a Mississippi Election Without Proof of Denied Votes or Lost Electoral Integrity

Date: Jun 6, 2026

Speculation Is Not Disenfranchisement: Annexation/SEMS Delays and Affidavit Voting Do Not Void a Mississippi Election Without Proof of Denied Votes or Lost Electoral Integrity Case: Comelia Walker v....

MDOC May Define “Trusty Status” and Exclude Attempted Murder; Trusty Time Is Not an Entitlement and Its Denial Does Not Increase a Sentence

Date: Jun 6, 2026

MDOC May Define “Trusty Status” and Exclude Attempted Murder; Trusty Time Is Not an Entitlement and Its Denial Does Not Increase a Sentence 1. Introduction Nomatter Hudson v. Mississippi Department...

Suggestive-Identification Challenges Are Waived on Direct Appeal Absent a Timely Trial Objection

Date: Jun 6, 2026

Suggestive-Identification Challenges Are Waived on Direct Appeal Absent a Timely Trial Objection I. Introduction In Savion Winters v. State of Mississippi (Miss. June 4, 2026), the Supreme Court of...

Civil Contempt Cannot Enforce a Vague “Hold Harmless” Divorce Provision Absent Clear-and-Convincing Proof of Willful Refusal to Comply

Date: Jun 6, 2026

Civil Contempt Cannot Enforce a Vague “Hold Harmless” Divorce Provision Absent Clear-and-Convincing Proof of Willful Refusal to Comply 1. Introduction Case: Louise Gombako-Amos v. Corey Rene Amos...

Temporal Evidence Required for Constructive Notice Under Texas “Time-Notice” Rule—Employee Proximity and Inspection Policies Alone Do Not Suffice

Date: Jun 6, 2026

Temporal Evidence Required for Constructive Notice Under Texas “Time-Notice” Rule—Employee Proximity and Inspection Policies Alone Do Not Suffice Case: Esteves v. Lowe's Home Centers (No. 25-40663)...

Commonwealth v. Antle Commentary

Date: Jun 6, 2026

Penalty Statutes Do Not Expand Substantive Wildlife Crimes; Conspiracy Indictments Fail When They Include Non-Criminal “Purchase” Objects (Commonwealth v. Antle) Introduction In Commonwealth v. Antle...

FCC §503(b)(4) Forfeiture Orders Do Not Trigger a Seventh Amendment Jury Right Until §504 De Novo Enforcement

Date: Jun 6, 2026

FCC §503(b)(4) Forfeiture Orders Do Not Trigger a Seventh Amendment Jury Right Until §504 De Novo Enforcement Introduction FCC v. AT&T, Inc. (consolidated with Verizon Communications, Inc. v. Federal...

Conditional Habeas Writs: “No Utilizing” an Identification Bars Implicit In‑Court Identification at Retrial; Jurisdiction Persists Absent Clear Vacatur, and CVRA Rights Must Be Asserted by the Victim via Statutory Procedure

Date: Jun 6, 2026

Conditional Habeas Writs: “No Utilizing” an Identification Bars Implicit In‑Court Identification at Retrial; Jurisdiction Persists Absent Clear Vacatur, and CVRA Rights Must Be Asserted by the Victim...

High Dissimilarity Defeats Preliminary-Injunction Dilution Claims (Even Post-TDRA) and Conceptual Weakness Tempers Commercial Strength in Trade Dress

Date: Jun 6, 2026

High Dissimilarity Defeats Preliminary-Injunction Dilution Claims (Even Post-TDRA) and Conceptual Weakness Tempers Commercial Strength in Trade Dress 1. Introduction The Scotts Co. LLC v. The Procter...

Receivership Stay Orders Are Not Appealable as Injunction Modifications: Fifth Circuit Limits § 1292(a) and Invokes Rule 38 Show-Cause

Date: Jun 6, 2026

Receivership Stay Orders Are Not Appealable as Injunction Modifications: Fifth Circuit Limits § 1292(a) and Invokes Rule 38 Show-Cause 1. Introduction Case: SEC v. Barton, No. 25-11043 (5th Cir. June...