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

No Abuse of Discretion Where Juvenile Recidivism Supports Denial of a Youth-Based Sentencing Variance

Date: May 5, 2026

No Abuse of Discretion Where Juvenile Recidivism Supports Denial of a Youth-Based Sentencing Variance Introduction In United States v. Derrion Turner, the Sixth Circuit affirmed a 246-month federal...

Terminated Conditional Permanent Residents Cannot Use Prior Five-Year Status to Obtain Cancellation of Removal

Date: May 5, 2026

Terminated Conditional Permanent Residents Cannot Use Prior Five-Year Status to Obtain Cancellation of Removal Introduction In Ghazi v. Blanche, the Fifth Circuit reviewed a petition by Said Ghazi, a...

Gang Extortion Claims Fail Absent Proof That Protected Status Motivated the Threats

Date: May 5, 2026

Gang Extortion Claims Fail Absent Proof That Protected Status Motivated the Threats Introduction In Iris Rodriguez Martinez v. Attorney General United States of America, the United States Court of...

First Circuit: Upward Variance Cannot Rest on 31 Rounds of Ammunition or Unsupported “Firearms of War” Facts

Date: May 5, 2026

First Circuit: Upward Variance Cannot Rest on 31 Rounds of Ammunition or Unsupported “Firearms of War” Facts Introduction In United States v. Rosa-Borges, the First Circuit revisited two sentences...

Postconviction DNA “Results” Include Underlying Data Needed for Statistical Analysis

Date: May 5, 2026

Postconviction DNA “Results” Include Underlying Data Needed for Statistical Analysis Introduction In James Aren Duckett v. State of Florida, the Supreme Court of Florida addressed whether a...

No Merits Ruling Without Jurisdiction: Insubstantial Federal Claims Must Be Dismissed Without Prejudice

Date: May 5, 2026

No Merits Ruling Without Jurisdiction: Insubstantial Federal Claims Must Be Dismissed Without Prejudice Introduction In James Giehl v. Ocwen Financial Corporation, the Eleventh Circuit reviewed a...

In re Kowalczyk: California Bail May Be Denied Only Under Article I, Section 12 and Must Generally Be Reasonably Attainable

Date: May 4, 2026

In re Kowalczyk: California Bail May Be Denied Only Under Article I, Section 12 and Must Generally Be Reasonably Attainable Introduction In In re Kowalczyk, the Supreme Court of California resolved...

Felony Stalking Can Supply the “Any Felony” Intent Element for Nebraska Burglary

Date: May 4, 2026

Felony Stalking Can Supply the “Any Felony” Intent Element for Nebraska Burglary Introduction In State v. Dicken, the Nebraska Supreme Court affirmed Michael M. Dicken’s plea-based conviction and...

Martinez Reports May Not Defeat Well-Pleaded Prisoner Claims at § 1915A Screening

Date: May 4, 2026

Martinez Reports May Not Defeat Well-Pleaded Prisoner Claims at § 1915A Screening Introduction In Martin v. Schnurr, the Tenth Circuit reversed the dismissal of a Kansas prisoner’s civil-rights...

Mechanistic Discipline Under Detailed Policies Does Not Establish NLRA Supervisory Status

Date: May 4, 2026

Mechanistic Discipline Under Detailed Employer Policies Does Not Establish NLRA Supervisory Status Introduction In Universal Protection Services, LLC v. National Labor Relations Board, the Eleventh...

Preventive Detention Under 13 V.S.A. § 7553a Requires Clear, Particularized Proof That No Release Conditions Can Prevent Violence

Date: May 4, 2026

Preventive Detention Under 13 V.S.A. § 7553a Requires Clear, Particularized Proof That No Release Conditions Can Prevent Violence Introduction In State v. Cameron Waite, the Vermont Supreme Court...

Reaffirming Reinhart: Nolle Prosequi Requires a Valid and Reasonable Basis, Not Ajaj Deference

Date: May 4, 2026

Reaffirming Reinhart: Nolle Prosequi Requires a Valid and Reasonable Basis, Not Ajaj Deference Introduction In Commonwealth, Aplt. v. Harrison, the Supreme Court of Pennsylvania addressed the...

Post-Starbucks § 10(j) Injunctions Require Independent Proof of Irreparable Harm

Date: May 4, 2026

Post-Starbucks § 10(j) Injunctions Require Independent Proof of Irreparable Harm Introduction In Elizabeth Kerwin v. Trinity Health Grand Haven Hosp., the Sixth Circuit addressed, for the first time...

Warhol Does Not Require Targeting: Brief Documentary Use of Public Factual Footage Can Be Transformative Fair Use

Date: May 4, 2026

Warhol Does Not Require Targeting: Brief Documentary Use of Public Factual Footage Can Be Transformative Fair Use Introduction In Whyte Monkee Productions v. Netflix, the Tenth Circuit affirmed...

Corroborated Accomplice Testimony and Lewis-Compliant Jury Instructions Sustain Felony-Murder Conviction

Date: May 4, 2026

Corroborated Accomplice Testimony and Lewis-Compliant Jury Instructions Sustain Felony-Murder Conviction Introduction In State v. Maldonado, the Supreme Court of New Mexico affirmed Christopher...

Cumulative Impeachment of a Cooperating Witness Does Not Justify a Rule 33 New Trial

Date: May 4, 2026

Cumulative Impeachment of a Cooperating Witness Does Not Justify a Rule 33 New Trial Introduction In United States v. Denzil Olajuwon Stewart, the Eleventh Circuit affirmed the denial of Denzil...

Domestic-Violence Commonalities Expert Testimony Is Admissible to Explain Counterintuitive Victim Conduct

Date: May 4, 2026

Domestic-Violence Commonalities Expert Testimony Is Admissible to Explain Counterintuitive Victim Conduct Introduction In State of Minnesota v. Adam Taylor Fravel, the Minnesota Supreme Court...

Rental Car Companies Offering Third-Party Supplemental Insurance Are Not Colorado Insurers

Date: May 4, 2026

Rental Car Companies Offering Third-Party Supplemental Insurance Are Not Colorado Statutory or De Facto Insurers Introduction In Hertz Corp. v. Babayev, 2026 CO 26, the Colorado Supreme Court held...

Judicial Review of Brady-Giglio List Placement Is Constitutional in Iowa

Date: May 4, 2026

Judicial Review of Brady-Giglio List Placement Is Constitutional in Iowa Introduction In Bart Richmond v. Jefferson County Attorney, the Supreme Court of Iowa addressed whether Iowa Code § 80F.1(25),...

AAA Rule 12 Closure After Refusal to Register an Arbitration Clause Is Not a Refusal to Arbitrate Under FAA § 4

Date: May 4, 2026

AAA Rule 12 Closure After Refusal to Register an Arbitration Clause Is Not a Refusal to Arbitrate Under FAA § 4 Introduction In Ana Bernal v. Kohl's Corporation, the Seventh Circuit affirmed the...