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

“Adequate Remedy” Limits Interlocutory Judicial Review Under Tenn. Code Ann. § 4-5-322(a)(1); Judicial Economy Is Not a Jurisdictional Factor

Date: Sep 2, 2026

“Adequate Remedy” Limits Interlocutory Judicial Review Under Tenn. Code Ann. § 4-5-322(a)(1); Judicial Economy Is Not a Jurisdictional Factor I. Introduction Jamesway Construction, Inc. v. David W....

United States v. Berger: Machine-Gun Bans Survive Bruen Step Two; NFA Silencer Registration Treated as a Non-Infringing “Shall-Issue” Condition

Date: Sep 2, 2026

United States v. Berger: Machine-Gun Bans Survive Bruen Step Two; NFA Silencer Registration Treated as a Non-Infringing “Shall-Issue” Condition 1. Introduction In United States v. Joseph Berger (3d...

Third Circuit: A Change in Law Is Not a “New Fact” Supporting Statutory Reopening Under 8 U.S.C. § 1229a(c)(7)

Date: Sep 2, 2026

Third Circuit: A Change in Law Is Not a “New Fact” Supporting Statutory Reopening Under 8 U.S.C. § 1229a(c)(7) I. Introduction In Jose Aristy-Rosa v. Attorney General United States of America (3d...

Home Detention May Be Added by Supervised-Release Modification Even After a Statutory-Maximum Prison Sentence

Date: Sep 2, 2026

Home Detention May Be Added by Supervised-Release Modification Even After a Statutory-Maximum Prison Sentence I. Introduction United States v. Tampico (5th Cir. Sept. 1, 2026) addresses two recurring...

Defined “Applicable Year” Tax Rate Governs Both Base and Actual Net Operating Profit in Tobacco Settlement Profit-Adjustment Calculations

Date: Sep 2, 2026

Defined “Applicable Year” Tax Rate Governs Both Base and Actual Net Operating Profit in Tobacco Settlement Profit-Adjustment Calculations Commentary on State of Texas v. R. J. Reynolds Tobacco...

Sixth Circuit: TVPRA Punitive Damages Need Not Be Tethered to Non‑Economic Compensatory Awards; Conclusory “Guatemala Is Available” Assertions Cannot Support Forum Non Conveniens Dismissal

Date: Sep 1, 2026

Sixth Circuit: TVPRA Punitive Damages Need Not Be Tethered to Non‑Economic Compensatory Awards; Conclusory “Guatemala Is Available” Assertions Cannot Support Forum Non Conveniens Dismissal I....

Federal-Sector Title VII: Hostile-Environment Claims Require a Timely Act Within the 45-Day EEO Window; Constructive Discharge Requires Sex-Based Causation

Date: Sep 1, 2026

Federal-Sector Title VII: Hostile-Environment Claims Require a Timely Act Within the 45-Day EEO Window; Constructive Discharge Requires Sex-Based Causation Introduction In Alexis Rachwalski v. Todd...

Sixth Circuit Rejects “Close-and-Significant-Relationship” Privity for Nonparty Claim Preclusion; Parent–Subsidiary Status Alone Does Not Bar a Second Suit

Date: Sep 1, 2026

Sixth Circuit Rejects “Close-and-Significant-Relationship” Privity for Nonparty Claim Preclusion; Parent–Subsidiary Status Alone Does Not Bar a Second Suit I. Introduction In Diamond Williams v....

Irreparable Harm in Pre‑Enforcement Challenges: Unrecoverable Compliance Costs and Credible Enforcement Threats Satisfy the Sixth Circuit Threshold

Date: Sep 1, 2026

Irreparable Harm in Pre‑Enforcement Challenges: Unrecoverable Compliance Costs and Credible Enforcement Threats Satisfy the Sixth Circuit Threshold I. Introduction In NetChoice, LLC v. Jonathan...

Binoculars-as-Stalking Evidence and Flight-Risk Handcuffing: Sixth Circuit Clarifies Gant’s “Reasonable-to-Believe” Vehicle Search Standard

Date: Sep 1, 2026

Binoculars-as-Stalking Evidence and Flight-Risk Handcuffing: Sixth Circuit Clarifies Gant’s “Reasonable-to-Believe” Vehicle Search Standard I. Introduction In United States v. Michael Hoffpowier (6th...

Disbelief Alone Cannot Prove Lack of Authorization in Tennessee Forgery Sufficiency Review

Date: Sep 1, 2026

Disbelief Alone Cannot Prove Lack of Authorization in Tennessee Forgery Sufficiency Review Case: State of Tennessee v. Ginny Elizabeth Parker (Dissenting) Court: Supreme Court of Tennessee Date:...

NRS 175.151: Two-Counsel Jury Argument Is Required Only When the State Seeks the Death Penalty

Date: Sep 1, 2026

NRS 175.151: Two-Counsel Jury Argument Is Required Only When the State Seeks the Death Penalty Case: RANDOLPH (THOMAS) v. STATE (CRIMINAL) (Nev. Sup. Ct. No. 88625) Date: 2026-08-31 Disposition:...

State v. Parker: Corroborated False Exculpatory Statements as Affirmative Proof of Non-Authorization in Forgery

Date: Sep 1, 2026

Corroborated False Exculpatory Statements as Affirmative Proof of Non-Authorization in Tennessee Forgery Sufficiency Review Case: State of Tennessee v. Ginny Elizabeth Parker (Tenn. Aug. 31, 2026)...

Nonfinal Sanctions Orders Are Not Appealable Until Fee Awards Are Reduced to a Sum Certain

Date: Aug 31, 2026

Nonfinal Sanctions Orders Are Not Appealable Until Fee Awards Are Reduced to a Sum Certain Introduction Case: Underwood v. Bank of America Corporation (10th Cir. Aug. 28, 2026). Parties: Erik M....

Probation-Revocation Resentencing Must Begin with Chapter 7: United States v. Moon Seals Abrogates Moore I

Date: Aug 31, 2026

Probation-Revocation Resentencing Must Begin with Chapter 7: United States v. Moon Seals Abrogates Moore I 1. Introduction In No. 24-1028, the United States Court of Appeals for the Tenth Circuit (en...

Conflict-of-Interest Malpractice Requires Pleading a Colorable Lost Claim and Statute-of-Limitations Causation

Date: Aug 31, 2026

Conflict-of-Interest Malpractice Requires Pleading a Colorable Lost Claim and Statute-of-Limitations Causation 1. Introduction Amanda Sima v. Benesch, Friedlander, Coplan & Aronoff LLP and Justin...

A Verbal Dispute and a Single Missed Swing Are Insufficient “Notice” of a High-Degree Risk Under the Fourteenth Amendment Failure-to-Protect Standard

Date: Aug 31, 2026

A Verbal Dispute and a Single Missed Swing Are Insufficient “Notice” of a High-Degree Risk Under the Fourteenth Amendment Failure-to-Protect Standard 1. Introduction Randy Talley v. Carl Gloede (7th...

Kortmeyer v. Hendrix (322 Neb. 102)

Date: Aug 31, 2026

Routine Yard Maintenance Does Not Establish “Notorious” Possession, and Renting the Record Lot Makes Use Permissive—Defeating Nebraska Adverse Possession Introduction In Kortmeyer v. Hendrix, 322...

Fifth Circuit Adopts a “Transmit Requirement” for Public Display Claims and Holds URLs May Qualify as DMCA CMI Only When They Clearly Convey Statutory Identifiers

Date: Aug 31, 2026

Fifth Circuit Adopts a “Transmit Requirement” for Public Display Claims and Holds URLs May Qualify as DMCA CMI Only When They Clearly Convey Statutory Identifiers Introduction In Emmerich Newspapers,...

APA Notice-and-Comment Defects in FDA Drug-Shortage Delistings Require a Showing of Prejudice

Date: Aug 31, 2026

APA Notice-and-Comment Defects in FDA Drug-Shortage Delistings Require a Showing of Prejudice (and Tirzepatide’s Delisting Survives Arbitrary-and-Capricious Review) 1. Introduction Outsourcing...