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

Failure to Acknowledge Neglect and Benefit from Services Supports Denial of an Improvement Period and Termination of Parental Rights

Date: Sep 27, 2026

Failure to Acknowledge Neglect and Benefit from Services Supports Denial of an Improvement Period and Termination of Parental Rights Case: In re B.S., G.S., R.S., and S.S. Court: Supreme Court of...

Medical-Care Facts, Not Claim Labels, Trigger the MPLA—and Post-Suit Merit Statements Cannot Cure Pre-Suit Noncompliance

Date: Sep 27, 2026

Medical-Care Facts, Not Claim Labels, Trigger the MPLA—and Post-Suit Merit Statements Cannot Cure Pre-Suit Noncompliance Case: Donta Wade v. University Physicians and Surgeons, Inc.; Marshall Health...

Private Roads Require Existing, Enforceable Public-Road Access, and Their Restrictions Must Be Supported by Evidence

Date: Sep 27, 2026

Private Roads Require Existing, Enforceable Public-Road Access, and Their Restrictions Must Be Supported by Evidence Case: Little Medicine Creek Ranch, Inc., a Wyoming Corporation, F/K/A Burnett...

Civil Service Discipline Requires Specification-Specific Factual Findings

Date: Sep 27, 2026

Civil Service Discipline Requires Specification-Specific Factual Findings for Substantial-Evidence Review Case: Matter of Goldstein v Town of Niskayuna Citation: 2026 NY Slip Op 05448 Court:...

Search Warrants Cannot Remove Voted Ballots from the Custody of Election Officials

Date: Sep 27, 2026

Search Warrants Cannot Remove Voted Ballots from the Custody of Election Officials Case: Cervantes v. Bianco Court: Supreme Court of California | Date: September 24, 2026 Introduction Cervantes v....

Future Intent Cannot Establish Voting Residence: A Vacant Lot Is Not a Present Fixed Habitation

Date: Sep 27, 2026

Future Intent Cannot Establish Voting Residence: A Vacant Lot Is Not a Present Fixed Habitation Case: State ex rel. Duckett v. Hancock Cty. Bd. of Elections, 2026-Ohio-3747 Court: Supreme Court of...

People v. Aguilar: Nonenumerated License Suspensions Do Not Trigger Aggravated DUI Under Subsection (H)

Date: Sep 27, 2026

Nonenumerated License Suspensions Do Not Trigger Aggravated DUI Under Section 11-501(d)(1)(H) Case: People v. Aguilar, 2026 IL 131382 Court: Supreme Court of Illinois Date: September 24, 2026 Author:...

Lowe v. State: Counsel Is Not Ineffective for Forgoing an Objection Unsupported by Controlling Precedent

Date: Sep 27, 2026

Lowe v. State: Counsel Is Not Ineffective for Forgoing an Objection Unsupported by Controlling Precedent Supreme Court of Georgia | September 22, 2026 | No. S26A0769 Introduction In Lowe v. State,...

In re C.T.: Newly Presented Evidence Permits Amendment, and Failure to Participate in Agreed Services Supports Termination of Parental Rights

Date: Sep 27, 2026

In re C.T.: Newly Presented Evidence Permits Amendment, and Failure to Participate in Agreed Services Supports Termination of Parental Rights Court: Supreme Court of Appeals of West Virginia Date:...

Supported Credibility Findings Defeat Brady and Giglio Claims, and Polygraph Reports Remain Generally Inadmissible

Date: Sep 27, 2026

Supported Credibility Findings Defeat Brady and Giglio Claims, and Polygraph Reports Remain Generally Inadmissible Case: Jermaine Foster v. State of Florida, No. SC2024-0944 Court: Supreme Court of...

State v. Jose T.: An Improper Delayed-Disclosure Instruction Does Not Require Reversal Absent Probable Jury Misleading

Date: Sep 27, 2026

An Improper Delayed-Disclosure Instruction Does Not Require Reversal Absent a Reasonable Probability That It Misled the Jury Case: State v. Jose T. Court: Supreme Court of Connecticut Officially...

Geller v. Uber Technologies, Inc.: A User-Specific Arbitration Agreement Does Not Reach Wrongful-Death Claims Arising from Another Person’s Use

Date: Sep 27, 2026

A User-Specific Arbitration Agreement Does Not Delegate or Require Arbitration of Wrongful-Death Claims Arising from Another Person’s Use Case: Geller v. Uber Technologies, Inc. Citation: 2026 IL...

Client Testimony Is Not Required to Prove Disciplinary Harm When Counsel’s Incompetence Extinguishes a Claim

Date: Sep 27, 2026

Client Testimony Is Not Required to Prove Disciplinary Harm When Counsel’s Incompetence Extinguishes a Claim Case: In the Matter of James A. Satcher Jr. Court: Supreme Court of Georgia Date:...

Wilson v. State: Judicial Coaching That Creates an Appearance of Partiality Requires Referral of a Recusal Motion

Date: Sep 27, 2026

Judicial Coaching That Creates an Appearance of Partiality Requires Referral of a Recusal Motion Case: Wilson v. State Court: Supreme Court of Georgia Decision Date: September 22, 2026 Disposition:...

Walker v. State: Experience-Based Gang Expertise and Gang-Linked Facebook Messages May Be Admissible

Date: Sep 27, 2026

Experience-Based Gang Expertise May Satisfy Rule 702, and Gang-Linked Facebook Messages May Be Intrinsic Evidence Case: Walker v. State Court: Supreme Court of Georgia Date: September 22, 2026...

Participation Without Meaningful Improvement Does Not Require an Improvement Period or a Less Restrictive Disposition

Date: Sep 27, 2026

Participation Without Meaningful Improvement Does Not Require an Improvement Period or a Less Restrictive Disposition Case: In re B.S., G.S., R.S., and S.S. Court: Supreme Court of Appeals of West...

In re H.V.: Drug-Test Refusal and Positive Results May Establish Threatened Harm and Support Termination

Date: Sep 27, 2026

In re H.V.: Drug-Test Refusal and Positive Results May Establish Threatened Harm and Support Termination Court: Supreme Court of Appeals of West Virginia Case: In re H.V., No. 25-716 Issued:...

Long-Term Kinship Placement Does Not Bar a Neglect Adjudication When a Parent Fails to Address Known Needs

Date: Sep 27, 2026

Long-Term Kinship Placement Does Not Bar a Neglect Adjudication When a Parent Fails to Address Known Needs Case: In re C.P., J.P., and A.H., No. 25-583 Court: Supreme Court of Appeals of West...

In re S.R.: Parental Unavailability and Speculative Rehabilitation Do Not Defeat Termination

Date: Sep 27, 2026

In re S.R.: Parental Unavailability and Speculative Rehabilitation Do Not Defeat Termination Court: Supreme Court of Appeals of West Virginia Date: September 22, 2026 Disposition: Termination of...

A Parent Cannot Avoid Neglect and Abandonment Adjudication by Leaving a Child with a Fit Guardian

Date: Sep 27, 2026

A Parent Cannot Avoid Neglect and Abandonment Adjudication by Leaving a Child with a Fit Guardian Case: In re E.M.-1 Court: Supreme Court of Appeals of West Virginia Decision issued: September 22,...