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

Consecutive Revocation Sentences May Be Imposed for Extreme “Breach of Trust,” with a Brief, Context-Driven Explanation

Date: May 19, 2026

Consecutive Revocation Sentences May Be Imposed for Extreme “Breach of Trust,” with a Brief, Context-Driven Explanation Case: United States v. Lorenzo Watson (6th Cir.) Date: 2026-05-15 Disposition:...

Sixth Circuit: § 924(c) Terms Must Run Consecutively to All Other Sentences (Including State), and Written Judgments May Clarify Oral Ambiguity

Date: May 19, 2026

Sixth Circuit: § 924(c) Terms Must Run Consecutively to All Other Sentences (Including State), and Written Judgments May Clarify Oral Ambiguity I. Introduction In United States v. Estifanos Kumssa...

Rule 68 Preempts Michigan’s Offer-of-Judgment Fee Shifting; Unsupported Royalty Theories Yield Only Nominal Contract Damages

Date: May 19, 2026

Rule 68 Preempts Michigan’s Offer-of-Judgment Fee Shifting; Unsupported Royalty Theories Yield Only Nominal Contract Damages Introduction Oldnar Corp. v. Sanyo N. Am. Corp. (6th Cir. May 12, 2026) is...

Nominal Damages When Plaintiff Proves Only an Inapplicable Royalty Theory; Federal Rule 68 Preempts Michigan’s Offer-of-Judgment Fee Shifting

Date: May 19, 2026

Nominal Damages When Plaintiff Proves Only an Inapplicable Royalty Theory; Federal Rule 68 Preempts Michigan’s Offer-of-Judgment Fee Shifting I. Introduction Oldnar Corp. v. Sanyo N. Am. Corp. is the...

Opening-the-Door Admissibility of a Prior Felon-in-Possession Conviction and Limits on Post-Verdict Juror Inquiry Under Rule 606(b)

Date: May 19, 2026

Opening-the-Door Admissibility of a Prior Felon-in-Possession Conviction and Limits on Post-Verdict Juror Inquiry Under Rule 606(b) I. Introduction In United States v. Terrence Devol London, II...

“Government” in the Terrorism Enhancement Includes Unrecognized Foreign Regimes; Extreme Downward Variances in ISIS Material-Support Cases Require Compelling, Guideline-Centered Justification

Date: May 19, 2026

“Government” in the Terrorism Enhancement Includes Unrecognized Foreign Regimes; Extreme Downward Variances in ISIS Material-Support Cases Require Compelling, Guideline-Centered Justification Case:...

“Government” Means Government for §3A1.4: No Recognition Requirement, and Sentencing Statistics Cannot Justify Extreme Downward Variances in ISIS Material-Support Cases

Date: May 19, 2026

“Government” Means Government for §3A1.4: No Recognition Requirement, and Sentencing Statistics Cannot Justify Extreme Downward Variances in ISIS Material-Support Cases Introduction In United States...

Unpaid Leave Can Satisfy the ADA for Disability-Related Training; FMLA Does Not Expand Paid Sick Leave Beyond an Employer’s “Normal” Policy

Date: May 19, 2026

Unpaid Leave Can Satisfy the ADA for Disability-Related Training; FMLA Does Not Expand Paid Sick Leave Beyond an Employer’s “Normal” Policy Introduction In Andrea Tumbleson v. Lakota Local Sch. Dist....

IDEA Due-Process Decision as a Prerequisite to Federal Suit: Sixth Circuit Rejects a “Systemic Violations” Bypass for Understaffing/Underfunding Claims

Date: May 19, 2026

IDEA Due-Process Decision as a Prerequisite to Federal Suit: Sixth Circuit Rejects a “Systemic Violations” Bypass for Understaffing/Underfunding Claims I. Introduction Case: Ibrahim Alzandani v....

IDEA Exhaustion Has No “Systemic Violations” Bypass for Underfunding/Understaffing Claims

Date: May 19, 2026

IDEA Exhaustion Has No “Systemic Violations” Bypass for Underfunding/Understaffing Claims Introduction Ibrahim Alzandani v. Hamtramck Pub. Schs. (6th Cir. May 12, 2026) addresses whether parents may...

First Amendment Protection for Judicial Candidates’ Ideological Self-Identification and Issue Speech (As-Applied Limits on Kentucky’s Judicial Canons)

Date: May 19, 2026

First Amendment Protection for Judicial Candidates’ Ideological Self-Identification and Issue Speech (As-Applied Limits on Kentucky’s Judicial Canons) Case: Joseph Fischer v. Karen Thomas Court:...

State v. DiNapoli: Prong-Election Disclosure and Prong-One Admissibility of Intervening-Cause Expert Testimony Without an N.J.R.E. 104 Hearing

Date: May 19, 2026

State v. DiNapoli: Prong-Election Disclosure and Prong-One Admissibility of Intervening-Cause Expert Testimony Without an N.J.R.E. 104 Hearing Court: Supreme Court of New Jersey Date: May 12, 2026...

State v. Collins: Motions to Quash Capital Aggravators Toll Nebraska Speedy Trial; Pre‑Filing Hearing Requests Are Excludable Continuances

Date: May 19, 2026

State v. Collins: Motions to Quash Capital Aggravators Toll Nebraska Speedy Trial; Pre‑Filing Hearing Requests Are Excludable Continuances 1. Introduction In State v. Collins, the Nebraska Supreme...

State v. Brown: Remmer Presumption Limited to Merits-Related Juror Contact; Robust Canvass Supports Denial of Mistrial

Date: May 19, 2026

State v. Brown: Remmer Presumption Limited to Merits-Related Juror Contact; Robust Canvass Supports Denial of Mistrial Introduction In State v. Brown (Conn. May 19, 2026), the Supreme Court of...

Contract-First Review of PURA-Approved Rate Settlements: Courts Must Interpret Settlement Language Before Deferring to PURA

Date: May 19, 2026

Contract-First Review of PURA-Approved Rate Settlements: Courts Must Interpret Settlement Language Before Deferring to PURA Case: The Connecticut Light and Power Company v. Public Utilities...

Koeller v. Cardinal Logistics: AMA Guides Table 16-27 Distal Clavicle Excision Ratings Are Not Multiplied by Table 16-18

Date: May 19, 2026

Koeller v. Cardinal Logistics: AMA Guides Table 16-27 Distal Clavicle Excision Ratings Are Not Multiplied by Table 16-18 I. Introduction Kevin Koeller, a semitruck driver for Cardinal Logistics...

Quiet Title: Publication Notice Is Insufficient When Adverse Claimants Are Readily Ascertainable and When the DNR May Have § 461A.11(2) Jurisdiction

Date: May 19, 2026

Quiet Title: Publication Notice Is Insufficient When Adverse Claimants Are Readily Ascertainable and When the DNR May Have Iowa Code § 461A.11(2) Jurisdiction Leonora Streeter et al. v. The Dunn...

Iowa Code § 598.41(1)(b) Domestic-Abuse Presumption Applies to Joint Legal Custody, Not Physical Care

Date: May 19, 2026

Iowa Code § 598.41(1)(b) Domestic-Abuse Presumption Applies to Joint Legal Custody, Not Physical Care Introduction Case: Javonte Devar Hines Miller v. Ashlea Kay Teter (captioned in the opinion as...

Error Preserved When Weight-of-the-Evidence Issue Is Acknowledged and Denied; No Postruling Motion Required to Challenge Use of Wrong New-Trial Standard

Date: May 19, 2026

Error Preserved When Weight-of-the-Evidence Issue Is Acknowledged and Denied; No Postruling Motion Required to Challenge Use of Wrong New-Trial Standard Introduction State of Iowa v. Gregory Antwone...

Texas GVR Remand Requires Merits Review of Second Amendment and Texas Arms Clause Challenges to Lifetime Firearm Bans in Chapter 7B Protective Orders

Date: May 19, 2026

Texas GVR Remand Requires Merits Review of Second Amendment and Texas Arms Clause Challenges to Lifetime Firearm Bans in Chapter 7B Protective Orders Introduction In Jonathan Timothy Noyes v. The...