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

PFAS Disclaimers Cannot Defeat Federal-Officer Removal When the Gravamen Is Riverwide Contamination and a Contractor Plausibly Links AFFF to the Harm

Date: Sep 3, 2026

PFAS Disclaimers Cannot Defeat Federal-Officer Removal When the Gravamen Is Riverwide Contamination and a Contractor Plausibly Links AFFF to the Harm Case: The Town of Pine Hill, Alabama v. 3M...

Second Circuit: NFA Registration and (Former) $200 Tax Do Not “Meaningfully Constrain” Second Amendment Rights Under Bruen Step One

Date: Sep 3, 2026

Second Circuit: NFA Registration and (Former) $200 Tax Do Not “Meaningfully Constrain” Second Amendment Rights Under Bruen Step One United States v. DeFelice (2d Cir. Sept. 2, 2026) I. Introduction...

United States v. Yasinov: When Omitted § 111(b) Elements in a General Verdict Form Do Not Require Reversal, and When Multiple § 111(b) Counts Are Not Multiplicitous

Date: Sep 3, 2026

United States v. Yasinov: When Omitted § 111(b) Elements in a General Verdict Form Do Not Require Reversal, and When Multiple § 111(b) Counts Are Not Multiplicitous 1. Introduction In United States...

Verified Complaints and “Extreme” Verbal Harassment: Evidence, Local-Rule Compliance, and the Eighth Amendment at Summary Judgment

Date: Sep 3, 2026

Verified Complaints and “Extreme” Verbal Harassment: Evidence, Local-Rule Compliance, and the Eighth Amendment at Summary Judgment 1. Introduction In James Kruger v. Tristan Retzlaff (7th Cir. Sept....

Bankruptcy Dispositive Orders Must Disclose the Applicable Standard and Reasoning: Vacatur Where Conversion and Grounds Are Unclear

Date: Sep 3, 2026

Bankruptcy Dispositive Orders Must Disclose the Applicable Standard and Reasoning: Vacatur Where Conversion and Grounds Are Unclear 1. Introduction In Instituto Medico del Norte, Inc. v. Greengift...

Hallucinations Alone Do Not Trigger a Sua Sponte Competency Hearing; Employment Conditions with Built-In Alternatives Survive Plain-Error Review

Date: Sep 3, 2026

Hallucinations Alone Do Not Trigger a Sua Sponte Competency Hearing; Employment Conditions with Built-In Alternatives Survive Plain-Error Review 1. Introduction In United States v. Matthew Frazier...

Hybrid Weekly Salary + Day-Rate Plans Fall Under 29 C.F.R. § 541.602(a), and Equitable Tolling After FLSA Decertification Is Not Automatic

Date: Sep 3, 2026

Hybrid Weekly Salary + Day-Rate Plans Fall Under 29 C.F.R. § 541.602(a), and Equitable Tolling After FLSA Decertification Is Not Automatic 1. Introduction In Boudreaux v. Schlumberger TechCourt (5th...

Second Circuit Rejects NLRB’s Tesla Presumption and “Narrow Tailoring” for Dress Codes; Requires Balanced Republic Aviation Analysis

Date: Sep 3, 2026

Second Circuit Rejects NLRB’s Tesla, Inc. Presumption and “Narrow Tailoring” for Dress Codes; Requires a Balanced Republic Aviation Analysis Case: Siren Retail Corp. v. NLRB (2d Cir. Sept. 2, 2026) |...

Procedural Reasonableness: No Error When a District Court Omits Explicit Discussion of a Psychological Evaluation Yet Acknowledges and Applies § 3553(a)

Date: Sep 3, 2026

Procedural Reasonableness: No Error When a District Court Omits Explicit Discussion of a Psychological Evaluation Yet Acknowledges and Applies § 3553(a) Case: United States v. Edward Cordovez (11th...

Suicide Is Not “Willfully Caused” Relevant Conduct for § 2B3.2 Firearm-Discharge and Bodily-Injury Enhancements in Extortion Sentencing

Date: Sep 3, 2026

Suicide Is Not “Willfully Caused” Relevant Conduct for § 2B3.2 Firearm-Discharge and Bodily-Injury Enhancements in Extortion Sentencing I. Introduction In United States v. Glenn Daeward Boyd (6th...

Indivisible-Conduct Disclaimers Cannot Defeat Federal-Officer Removal for PBMs in Opioid Public-Nuisance Litigation

Date: Sep 3, 2026

Indivisible-Conduct Disclaimers Cannot Defeat Federal-Officer Removal for PBMs in Opioid Public-Nuisance Litigation 1. Introduction In County of Westchester v. Express Scripts (2d Cir. Sept. 2,...

Public-Policy Rejection of an Offer-in-Compromise May Stand Despite Collectability Disputes When Undisputed Noncompliance Would Undermine Voluntary Compliance

Date: Sep 3, 2026

Public-Policy Rejection of an Offer-in-Compromise May Stand Despite Collectability Disputes When Undisputed Noncompliance Would Undermine Voluntary Compliance I. Introduction Case: Andrew Filipowski...

Stipulating to SORNA Tier III Invites Error Reviewable Only for Manifest Injustice; Forced-Medication Conditions Are Unripe Absent an Actual Prescription

Date: Sep 3, 2026

Stipulating to SORNA Tier III Invites Error Reviewable Only for Manifest Injustice; Forced-Medication Conditions Are Unripe Absent an Actual Prescription 1. Introduction United States v. Dominguez...

Post-Decision Supreme Court Authority Cannot “Clearly Establish” Prior Conduct for Qualified Immunity (and Conclusory Monell Pleading Fails Under Twombly)

Date: Sep 3, 2026

Post-Decision Supreme Court Authority Cannot “Clearly Establish” Prior Conduct for Qualified Immunity (and Conclusory Monell Pleading Fails Under Twombly) Case: Smith v. Locker, No. 25-50862 (5th...

Comparator-or-None: No Prima Facie § 1981 / § 2000a Discrimination Inference Under McDonnell Douglas Without a Similarly Situated Comparator

Date: Sep 3, 2026

Comparator-or-None: No Prima Facie § 1981 / § 2000a Discrimination Inference Under McDonnell Douglas Without a Similarly Situated Comparator 1. Introduction Case: Futrell-Smith v. Brinker...

Guideline-Driven Statutory-Maximum Revocation Sentences Upheld When Grounded in Deterrence and Public Protection

Date: Sep 3, 2026

Guideline-Driven Statutory-Maximum Revocation Sentences Upheld When Grounded in Deterrence and Public Protection Case: United States v. Christopher Lewis (11th Cir. Sept. 2, 2026) (per curiam)...

Qualified Immunity for Late-Arriving Bystander Officers During a Short Canine Bite: No Clearly Established Duty to Intervene Absent an Analogous Precedent

Date: Sep 3, 2026

Qualified Immunity for Late-Arriving Bystander Officers During a Short Canine Bite: No Clearly Established Duty to Intervene Absent an Analogous Precedent Case: Thomas v. Bruss (5th Cir. Sept. 2,...

Younger Abstention and Judicial Immunity Bar Federal Collateral Attacks Seeking State-Judge Recusal, Case Transfers, and Reversal of Ongoing State Proceedings

Date: Sep 3, 2026

Younger Abstention and Judicial Immunity Bar Federal Collateral Attacks Seeking State-Judge Recusal, Case Transfers, and Reversal of Ongoing State Proceedings 1. Introduction Case: Aymara Sorhegui v....

Enforcing Narrow Plea-Agreement Appellate Waivers: Only Suppression Arguments Actually Raised in Carve-Out Filings Survive

Date: Sep 3, 2026

Enforcing Narrow Plea-Agreement Appellate Waivers: Only Suppression Arguments Actually Raised in Carve-Out Filings Survive 1. Introduction United States v. Derrick Polk (3d Cir. Sept. 2, 2026) arises...

Sixth Circuit: A § 1326(a) “Found-In” Offense Commences at First Unlawful Physical Presence (Continuing-Offense Rule for U.S.S.G. § 4A1.2(e)(2))

Date: Sep 3, 2026

Sixth Circuit: A § 1326(a) “Found-In” Offense Commences at First Unlawful Physical Presence (Continuing-Offense Rule for U.S.S.G. § 4A1.2(e)(2)) I. Introduction In United States v. Prisiliano...