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

Juarez v Avacon Mgt. LLC: Indemnification Tied to an Undefined Scope of Work Is Unenforceable

Date: Sep 27, 2026

Indemnification Tied to an Undefined Scope of Work Is Unenforceable Case: Juarez v Avacon Mgt. LLC Citation: 2026 NY Slip Op 05372 Court: Appellate Division of the Supreme Court of New York, First...

“Commits to Raise” Encompasses Substantial Steps Toward Alternative Financing, but General Indemnity Does Not Shift First-Party Fees

Date: Sep 27, 2026

“Commits to Raise” Encompasses Substantial Steps Toward Alternative Financing, but General Indemnity Does Not Shift First-Party Fees Case: Aurelius Capital Master Ltd. v Hertz Intl. Ltd. Citation:...

Expiration of Illinois’s Foreclosure Limitation Period Does Not Extinguish the Mortgage Lien

Date: Sep 27, 2026

Expiration of Illinois’s Foreclosure Limitation Period Does Not Extinguish the Mortgage Lien Case: Chicago Title Land Trust Co. v. Watkin, 2026 IL 132383 Court: Supreme Court of Illinois | Date:...

People v. Wade: One Kidnapping Permits Only One Aggravated-Kidnapping Conviction

Date: Sep 27, 2026

One Kidnapping Permits Only One Aggravated-Kidnapping Conviction, Regardless of Multiple Predicate Felonies Case: People v. Wade, 2026 IL 131745 Court: Supreme Court of Illinois | Date: September 24,...

UM Claims May Be Settled Before Exhaustion of At-Fault Liability Coverage

Date: Sep 27, 2026

UM Claims May Be Settled Before Exhaustion of At-Fault Liability Coverage Case: CRAVENS v. SLAUGHTER (Two Cases) Court: Supreme Court of Georgia Date: September 22, 2026 Disposition: Court of Appeals...

Resignation Prevents Removal but Preserves Proven Judicial Misconduct for Future Discipline

Date: Sep 27, 2026

Resignation Prevents Removal but Preserves Proven Judicial Misconduct for Future Discipline Case: Inquiry Concerning Judge Shermela J. Williams (Two Cases) Court: Supreme Court of Georgia Date:...

Georgia Design Professionals May Owe Independent Duties to Nonprivity Property Purchasers

Date: Sep 27, 2026

Georgia Design Professionals May Owe Independent Duties to Nonprivity Property Purchasers Cases: ICH 3 Atlanta Sugarloaf Apartments, L.P. v. Hart Gaugler and Associates, Inc., A25A1894; ICH 3 Atlanta...

Unconditional Interpleader Without an Insured’s Release May Support a Failure-to-Settle Claim

Date: Sep 27, 2026

Unconditional Interpleader Without an Insured’s Release May Support a Failure-to-Settle Claim Case: Cannon v. Safeco Insurance Company of Illinois, A25A1847 Court and date: Court of Appeals of...

In re B.M.: Ongoing Domestic Violence May Support Abuse Adjudication Even When the Child Is Not Present

Date: Sep 27, 2026

In re B.M.: Ongoing Domestic Violence May Support Abuse Adjudication Even When the Child Is Not Present Supreme Court of Appeals of West Virginia | September 22, 2026 | No. 25-753 Introduction In re...

In re P.P.: An Uncompleted Competency Evaluation Does Not Bar a Parent’s Testimony

Date: Sep 27, 2026

An Uncompleted Competency Evaluation Does Not Bar a Parent’s Testimony Absent Evidence of Testimonial Incapacity Case: In re P.P., T.S., L.L.-E., and C.T., No. 25-674 Court: Supreme Court of Appeals...

In re K.G.: Parental Rights May Be Terminated Without Further Services When a Parent Fails to Participate or Request an Improvement Period in Writing

Date: Sep 27, 2026

Parental Rights May Be Terminated Without Further Services When a Parent Fails to Participate or Request an Improvement Period in Writing Case: In re K.G., H.G., B.G., R.G., and G.G. Court: Supreme...

Nonmonetary Promises May Supply Consideration and Defeat Dismissal of a Contract Claim

Date: Sep 27, 2026

Nonmonetary Promises May Supply Consideration and Defeat Dismissal of a Contract Claim Case Paul T. Chastain Jr. v. Bethlehem Farm, Inc. and Eric Fitts Court Supreme Court of Appeals of West Virginia...

State v. Trueman: Opening the Door Requires a Genuine Misleading Advantage

Date: Sep 27, 2026

Opening the Door Requires a Genuine Misleading Advantage: Rule 404(b) Evidence Cannot Retroactively Justify an Earlier Police Investigation Case: State v. Trueman, 2026 N.H. 35 Court: Supreme Court...

Contempt May Enforce, but Cannot Rewrite, a Final Divorce Property Settlement

Date: Sep 27, 2026

Contempt May Enforce, but Cannot Rewrite, a Final Divorce Property Settlement Case: In the Matter of Nat King Rosa and Jennifer Rosa Court: Supreme Court of New Hampshire Date: September 24, 2026...

Conflicting Settlement Amounts Fail Arizona’s Notice-of-Claim Requirement

Date: Sep 27, 2026

Conflicting Written and Numerical Settlement Amounts Fail Arizona’s Notice-of-Claim Requirement Case: Joseph Terborg v. Town of Payson Court: Supreme Court of the State of Arizona Date: September 24,...

Fifteen Months in Foster Care and Proven Parental Unfitness Permit Termination Under Wyoming Law

Date: Sep 27, 2026

Fifteen Months in Foster Care and Proven Parental Unfitness Permit Termination Under Wyoming Law Case: In the Matter of the Termination of Parental Rights To: BEP, Minor Child, Skylar Colten Remer v....

A Scheduled Primary Insurer’s Insolvency Does Not Trigger Umbrella or Excess Drop-Down Coverage

Date: Sep 27, 2026

A Scheduled Primary Insurer’s Insolvency Does Not Trigger Umbrella or Excess Drop-Down Coverage Case: A.R. Wilfley & Sons v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA, 2026 CO 64, 25SA265 (Colo....

A Slowly Executed Emergency Police U-Turn Is Not Reckless Disregard Merely Because Sirens or Lights Were Not Used

Date: Sep 27, 2026

A Slowly Executed Emergency Police U-Turn Is Not Reckless Disregard Merely Because Sirens or Lights Were Not Used Commentary on: Murphy v Gallegos, 2026 NY Slip Op 05404 Court: Appellate Division of...

Proximity Alone Does Not Establish Standing to Challenge a Subdivision Without Specific, Nonspeculative Harm

Date: Sep 27, 2026

Proximity Alone Does Not Establish Standing to Challenge a Subdivision Without Specific, Nonspeculative Harm Case: Matter of Kopald v Town of Highlands N.Y. Planning Bd. Citation: 2026 NY Slip Op...

Repeated Client Abandonment and Retention of Unearned Fees Support a One-Year Suspension with Reinstatement Conditions

Date: Sep 27, 2026

Repeated Client Abandonment and Retention of Unearned Fees Support a One-Year Suspension with Reinstatement Conditions Case: In Re: Jon Rhyan Fritz Court: Supreme Court of Kentucky Date: September...