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

Contractual Silence on Contingency-Fee Bonus Credit Is Not Ambiguity; Wage Claimant Must Prove an Agreed Bonus Rate

Date: May 5, 2026

Contractual Silence on Contingency-Fee Bonus Credit Is Not Ambiguity; Wage Claimant Must Prove an Agreed Bonus Rate Introduction In Dino Moncecchi v. Mckellar, Tiedeken & Scoggin, LLC, 2026 WY 50...

State v. Kelly — Harmless-Error Review for Denied Use-of-Force Instructions in Aggravated-Burglary Felony Murder; “Physical Evidence Is Not Biased” Closing Argument Not Improper Vouching

Date: May 5, 2026

State v. Kelly — Harmless-Error Review for Denied Use-of-Force Instructions in Aggravated-Burglary Felony Murder; “Physical Evidence Is Not Biased” Closing Argument Not Improper Vouching 1....

Amendment 80 Fixes Jurisdiction: Circuit Courts Retain Original Jurisdiction Over Facial Constitutional Challenges; Legislature Cannot Confer Exclusive Original Jurisdiction on the Court of Appeals

Date: May 5, 2026

Amendment 80 Fixes Jurisdiction: Circuit Courts Retain Original Jurisdiction Over Facial Constitutional Challenges; Legislature Cannot Confer Exclusive Original Jurisdiction on the Court of Appeals...

“Methamphetamine” in the Controlled Substances Act Means the Generic Drug—No Isomer-by-Isomer Proof Required

Date: May 5, 2026

“Methamphetamine” in the Controlled Substances Act Means the Generic Drug—No Isomer-by-Isomer Proof Required 1. Introduction United States v. Glenn Wooden (7th Cir. Apr. 30, 2026) addresses a...

United States v. Blair: Cellebrite Phone Extractions May Be Authenticated and Admitted Through Lay Agent Testimony (No Expert Required)

Date: May 5, 2026

United States v. Blair: Cellebrite Phone Extractions May Be Authenticated and Admitted Through Lay Agent Testimony (No Expert Required) Court: U.S. Court of Appeals for the Eleventh Circuit Date:...

Abandonment on Appeal Affirms Domestic-Relations Abstention, But Abstention Dismissals Must Be Without Prejudice (11th Cir.)

Date: May 5, 2026

Abandonment on Appeal Affirms Domestic-Relations Abstention, But Abstention Dismissals Must Be Without Prejudice (11th Cir.) Case: Oleksandra Plyatsko v. Alice Benton, et al. (No. 25-11784,...

No Dixon-Like Procedural Bar in Penal Code Section 1172.6 Imputed-Malice Resentencing Petitions

Date: May 5, 2026

No Dixon-Like Procedural Bar in Penal Code Section 1172.6 Imputed-Malice Resentencing Petitions Introduction In People v. Lopez, the Supreme Court of California clarified the scope of resentencing...

State v. Flores Commentary

Date: May 5, 2026

State v. Flores: Nebraska Reaffirms That Standard Aiding-and-Abetting Instructions Suffice and Juvenile De Facto Life Sentences May Stand When the Court Has Sentencing Discretion Introduction In...

State v. Abrams: Washington Vacatur Requires Release from All Confinement and Evidence of Rehabilitation

Date: May 5, 2026

State v. Abrams: Washington Vacatur Requires Release from All Confinement and Evidence of Rehabilitation Introduction In State v. Abrams, the Washington Supreme Court interpreted RCW 9.94A.640,...

Legislature May Not Strip Louisiana Courts of Jurisdiction to Order Necessary Indigent-Defense Expert Funding

Date: May 5, 2026

Legislature May Not Strip Louisiana Courts of Jurisdiction to Order Necessary Indigent-Defense Expert Funding Case Overview Case: State of Louisiana v. Maya Jones Court: Supreme Court of Louisiana...

Fourth Circuit Confirms Three-Part McDonough Test: Juror Dishonesty and Inferred Bias Do Not Automatically Require a New Trial

Date: May 5, 2026

Fourth Circuit Confirms Three-Part McDonough Test: Juror Dishonesty and Inferred Bias Do Not Automatically Require a New Trial Introduction In United States v. Andre Williamson, the Fourth Circuit...

Foster-Care Negligence Suits Directly Concern Program Administration, Allowing Discovery of Related Child Welfare Records

Date: May 5, 2026

Foster-Care Negligence Suits Directly Concern Program Administration, Allowing Discovery of Related Child Welfare Records Introduction In J.M.I. v. State, the Washington Supreme Court addressed...

Protective-Order Violations and Repeated Surveillance Can Establish Specific Intent for Felony Stalking in Wyoming

Date: May 5, 2026

Protective-Order Violations and Repeated Surveillance Can Establish Specific Intent for Felony Stalking in Wyoming Introduction In Brent Douglas Gayman v. The State of Wyoming, 2026 WY 49, the...

Consecutive Federal Sentences May Be Reasonable When Needed to Preserve Independent Punishment for Unrelated State and Federal Crimes

Date: May 5, 2026

Consecutive Federal Sentences May Be Reasonable When Needed to Preserve Independent Punishment for Unrelated State and Federal Crimes Introduction In United States v. Isaias Pablo-Fabin, the Eleventh...

Local Ties as Legitimate Hiring Criteria for Temporary Details and the Limits of Temporal Proximity in Retaliation Claims

Date: May 5, 2026

Local Ties as Legitimate Hiring Criteria for Temporary Details and the Limits of Temporal Proximity in Retaliation Claims Introduction In Renel Sample v. OPM, the Third Circuit affirmed summary...

Advisory Fishery Councils Do Not Cause Appointments Clause Injury When the Secretary Independently Promulgates Binding Rules

Date: May 5, 2026

Advisory Fishery Councils Do Not Cause Appointments Clause Injury When the Secretary Independently Promulgates Binding Rules Introduction In New England Fishermen's Stewardship Association v....

Ambiguous Lack-of-Remorse Remarks Do Not Establish Plain Error in Above-Guidelines Sentencing

Date: May 5, 2026

Ambiguous Lack-of-Remorse Remarks Do Not Establish Plain Error in Above-Guidelines Sentencing Introduction In United States v. Rodriguez, the Fifth Circuit affirmed an above-guidelines sentence...

Reverse FCA Liability Requires an Immediate Duty to Pay: No Claim for Unapplied-For Visa Fees or Taxes on Unpaid Wages

Date: May 5, 2026

Reverse FCA Liability Requires an Immediate Duty to Pay: No Claim for Unapplied-For Visa Fees or Taxes on Unpaid Wages Introduction In Palmer v. Tata Consulting Services, the Fifth Circuit affirmed...

Prior Supervised-Release Status Is Not Intrinsic Evidence Without a Direct Nexus to the Charged Crime

Date: May 5, 2026

Prior Supervised-Release Status Is Not Intrinsic Evidence Without a Direct Nexus to the Charged Crime Introduction In State of West Virginia v. Jeffrey John Paglia, the Supreme Court of Appeals of...

Conditional Nolle Prosequi Agreements Are Governed by Ordinary Contract Principles

Date: May 5, 2026

Conditional Nolle Prosequi Agreements Are Governed by Ordinary Contract Principles Introduction In State of Arkansas v. Luis Ramirez, 2026 Ark. 92, the Supreme Court of Arkansas addressed a novel...