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

State v. Nunnally: Stipulations and Express Consent Foreclose Harbison Claims; Implied Concession Requires a Clear “Functional Equivalent” Admission

Date: May 23, 2026

State v. Nunnally: Stipulations and Express Consent Foreclose Harbison Claims; Implied Concession Requires a Clear “Functional Equivalent” Admission Supreme Court of North Carolina (22 May 2026) —...

Occupancy-Tax “Tourism-Related Expenditures” Include Tourism-Driven Public Safety When Reasonably So Judged by Commissioners

Date: May 23, 2026

Occupancy-Tax “Tourism-Related Expenditures” Include Tourism-Driven Public Safety When Reasonably So Judged by Commissioners I. Introduction Costanzo v. Currituck County (N.C. May 22, 2026) addresses...

Rule 6(e) Does Not Extend the APA’s 60-Day Deadline to Commence a Contested Case

Date: May 23, 2026

Rule 6(e) Does Not Extend the APA’s 60-Day Deadline to Commence a Contested Case Introduction Bradley Home, Caring for Wake Community and the Carolinas, Inc. (operating two licensed mental health...

Claim Preclusion Does Not Apply in Vermont PCR Proceedings; Repeat Claims Are Governed by Successive-Petition and Abuse-of-the-Writ Doctrines

Date: May 23, 2026

Claim Preclusion Does Not Apply in Vermont PCR Proceedings; Repeat Claims Are Governed by Successive-Petition and Abuse-of-the-Writ Doctrines Introduction In re Joseph Bruyette (2026 VT 18) arises...

Langley v. Autocraft, Inc.: Indefinite Owner-Financed Equity Terms Render an Entire Ownership Provision Unenforceable (and Equity Cannot Cure Indefiniteness)

Date: May 23, 2026

Langley v. Autocraft, Inc.: Indefinite Owner-Financed Equity Terms Render an Entire Ownership Provision Unenforceable (and Equity Cannot Cure Indefiniteness) 1. Introduction Case: Langley v....

“Practicable” Means Feasible and Fair: North Carolina Clarifies Performance-Based Regulation Limits Under N.C.G.S. § 62-133.16

Date: May 23, 2026

“Practicable” Means Feasible and Fair: North Carolina Clarifies Performance-Based Regulation Limits Under N.C.G.S. § 62-133.16 Case: State ex rel. N.C. Utils. Comm'n v. Carolina Indus. Grp. for Fair...

State v. Hague: Victim’s Felony Convictions as Rule 404(b) State-of-Mind Evidence in Self-Defense

Date: May 23, 2026

State v. Hague: Victim’s Felony Convictions as Rule 404(b) State-of-Mind Evidence in Self-Defense 1. Introduction In State v. Hague (N.C. May 22, 2026), the Supreme Court of North Carolina addressed...

Stop Signs Do Not Reset the 100-Foot Turn-Signal Requirement Under N.D.C.C. § 39-10-38(2)

Date: May 23, 2026

Stop Signs Do Not Reset the 100-Foot Turn-Signal Requirement Under N.D.C.C. § 39-10-38(2) I. Introduction In Porteus v. NDDOT, 2026 ND 103, the North Dakota Supreme Court reviewed an administrative...

“Practicable” Subsidy Minimization Under PBR: Fairness-and-Rate‑Shock Factors, EV-Decoupling Exclusions Without EV-Specific Tariffs, and Deference to NCUC Technical Judgments

Date: May 23, 2026

“Practicable” Subsidy Minimization Under PBR: Fairness-and-Rate‑Shock Factors, EV-Decoupling Exclusions Without EV-Specific Tariffs, and Deference to NCUC Technical Judgments I. Introduction In State...

State v. Rowdy: Odor of Marijuana Remains a Totality-of-the-Circumstances Factor for Reasonable Suspicion and Probable Cause After Hemp Legalization

Date: May 23, 2026

State v. Rowdy: Odor of Marijuana Remains a Totality-of-the-Circumstances Factor for Reasonable Suspicion and Probable Cause After Hemp Legalization I. Introduction In State v. Rowdy (N.C. May 22,...

Rule 10(a)(3) Requires Offense-Specific Motions to Dismiss to Preserve Sufficiency Claims

Date: May 23, 2026

Rule 10(a)(3) Requires Offense-Specific Motions to Dismiss to Preserve Sufficiency Claims I. Introduction State v. Tadlock (N.C. May 22, 2026) is a preservation decision with practical consequences...

State v. Baker (2026 ND 101): Merger of Attempted GSI into Completed GSI Absent Act-Specific Verdicts; No County-Jail Good Time Eligibility Before Sentencing

Date: May 23, 2026

State v. Baker (2026 ND 101): Merger of Attempted GSI into Completed GSI Absent Act-Specific Verdicts; No County-Jail Good Time Eligibility Before Sentencing 1. Introduction In State v. Baker, 2026...

Mandate Rule Enforcement: Inconsistent Remand Findings and Unexplained Parenting-Time/Tax Rationales Require Reversal and Reassignment

Date: May 23, 2026

Mandate Rule Enforcement: Inconsistent Remand Findings and Unexplained Parenting-Time/Tax Rationales Require Reversal and Reassignment I. Introduction Shively v. Shively, 2026 ND 105 is the North...

Inflammatory Evidence Alone Does Not Establish Plain Error Absent a Probable Different Verdict (State v. Hicks)

Date: May 23, 2026

Inflammatory Evidence Alone Does Not Establish Plain Error Absent a Probable Different Verdict (State v. Hicks) Court: Supreme Court of North Carolina Date: 22 May 2026 Case: State of North Carolina...

Ascertainability Requires an Objective, Administrable Method of Identifying Class Members Without Individualized “Mini-Trials”

Date: May 23, 2026

Ascertainability Requires an Objective, Administrable Method of Identifying Class Members Without Individualized “Mini-Trials” 1. Introduction Surgeon v. TKO Shelby, LLC (N.C. May 22, 2026) is the...

In re J.C.C. (2026): Censure for Post-Oath Law Practice and Renewed Scrutiny of the Supreme Court’s Disciplinary Power

Date: May 23, 2026

In re J.C.C. (2026): Censure for Post-Oath Law Practice and Renewed Scrutiny of the Supreme Court’s Disciplinary Power 1. Introduction In re Inquiry Concerning a Judge, No. 25-148 SEAN A. COLE is a...

“No Legitimate Purpose” Under 18 U.S.C. § 1514(b): Post-Conviction Third-Party Contact Framed as Parental Outreach Can Constitute Harassment

Date: May 22, 2026

“No Legitimate Purpose” Under 18 U.S.C. § 1514(b): Post-Conviction Third-Party Contact Framed as Parental Outreach Can Constitute Harassment Case: United States v. Brandon Jennings (4th Cir. May 20,...

Speculation and Administrative Delay Do Not Establish Deliberate Indifference in Detainee Medical-Care Claims

Date: May 22, 2026

Speculation and Administrative Delay Do Not Establish Deliberate Indifference in Detainee Medical-Care Claims Case: Emmanuel Holliday v. Centurion Medical (3d Cir. May 20, 2026) (not precedential)...

Sherman Act Conspiracy Allegations Do Not Plead an “Occurrence” Under Colorado CGL Policies (No Duty to Defend)

Date: May 22, 2026

Sherman Act Conspiracy Allegations Do Not Plead an “Occurrence” Under Colorado CGL Policies (No Duty to Defend) Case: Chaussee v. Auto-Owners Insurance Company, No. 25-1120 (10th Cir. May 21, 2026)...

Summary Judgment Cannot Rest on “Waiver Alone,” and Sua Sponte Case Dismissal Requires Notice and a Chance to Respond

Date: May 22, 2026

Summary Judgment Cannot Rest on “Waiver Alone,” and Sua Sponte Case Dismissal Requires Notice and a Chance to Respond I. Introduction In Arocho-Rodriguez v. Roldan-Concepcion (1st Cir. May 21, 2026),...