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

Pure Self-Defense Only Negates Criminal-Discharge Predicate Felony Murder; “Light Most Favorable” Applies Even to Unrequested Instructions

Date: Aug 31, 2026

Pure Self-Defense Only Negates Criminal-Discharge Predicate Felony Murder; “Light Most Favorable” Applies Even to Unrequested Instructions Introduction State v. Banks is a direct appeal from Sedgwick...

Alaska Supreme Court Upholds DNR Rule Requiring Rent on Expired Leases During Appeals

Date: Aug 31, 2026

New Rule Confirmed: DNR May Require Annual Rent on Expired Oil & Gas Leases During Pending Unitization Applications/Appeals, and Nonpayment Validly Terminates Leases—Rendering Related Unitization...

State v. Cavitt: Kidnapping “Facilitation” Returns to the Statute—State v. Buggs Overruled

Date: Aug 31, 2026

State v. Cavitt: Kidnapping “Facilitation” Returns to the Statute—State v. Buggs Overruled Introduction In State v. Cavitt (Kan. Aug. 28, 2026), the Kansas Supreme Court affirmed Shannon Berry Cavitt...

Successive K.S.A. 21-2512 DNA Petitions: “At Any Time” Means Not Barred by Res Judicata When New Grounds Are Raised, but Retesting Requires Specific “New Technique” Pleading and Testing Still Must Be Potentially Exculpatory

Date: Aug 31, 2026

Successive K.S.A. 21-2512 DNA Petitions: “At Any Time” Means Not Barred by Res Judicata When New Grounds Are Raised, but Retesting Requires Specific “New Technique” Pleading and Testing Still Must Be...

Harmless-Error Validation of FDA Drug-Shortage Delisting Without Notice-and-Comment When Stakeholders Had Actual Notice and a Meaningful Opportunity to Submit Evidence

Date: Aug 31, 2026

Harmless-Error Validation of FDA Drug-Shortage Delisting Without Notice-and-Comment When Stakeholders Had Actual Notice and a Meaningful Opportunity to Submit Evidence 1. Introduction Outsourcing...

Clerical Misstatement on DMV Medical Review Form by Treating Physician Sounds in Ordinary Negligence (3-Year Limitations Period), Not Medical Malpractice

Date: Aug 31, 2026

Clerical Misstatement on DMV Medical Review Form by Treating Physician Sounds in Ordinary Negligence (3-Year Limitations Period), Not Medical Malpractice I. Introduction Case: Lafferty v Avila, 2026...

No-Action Clause Voting Rights Turn on Outstanding Certificate Principal Balance—Physical Possession of “Worthless” RMBS Certificates Does Not Confer Standing

Date: Aug 31, 2026

No-Action Clause Voting Rights Turn on Outstanding Certificate Principal Balance—Physical Possession of “Worthless” RMBS Certificates Does Not Confer Standing 1. Introduction In Matter of HBK Master...

People v. Hazlett: The California Racial Justice Act Does Not Reach Peremptory Challenges (and Race-Inflected Trial Themes Require Prejudicial Effect for Relief)

Date: Aug 31, 2026

People v. Hazlett: The California Racial Justice Act Does Not Reach Peremptory Challenges (and Race-Inflected Trial Themes Require Prejudicial Effect for Relief) Supreme Court of California — August...

Matter of Chen: Federal Felony Convictions Without “Essential Similarity” Do Not Trigger Automatic Disbarment on a Thin Record, But Still Support Disbarment as “Serious Crimes”

Date: Aug 31, 2026

Matter of Chen: Federal Felony Convictions Without “Essential Similarity” Do Not Trigger Automatic Disbarment on a Thin Record, But Still Support Disbarment as “Serious Crimes” Introduction Matter of...

Matter of Debbra L. v Jenna L. — One Misstep Cannot Justify Wholesale Denial of Grandparent Visitation; Individualized Best-Interests Review Required

Date: Aug 31, 2026

One Misstep Cannot Justify Wholesale Denial of Grandparent Visitation; Individualized Best-Interests Review Required 1. Introduction Matter of Debbra L. v Jenna L. (2026 NY Slip Op 05135, 3d Dept...

People v. Guilbault: Typographical Errors in Indictment Waivers and Nonessential Omissions Do Not Create SCI Jurisdictional Defects; Plea Stands Where the Bargained-For Maximum Exposure Is Preserved

Date: Aug 31, 2026

People v. Guilbault: Typographical Errors in Indictment Waivers and Nonessential Omissions Do Not Create SCI Jurisdictional Defects; Plea Stands Where the Bargained-For Maximum Exposure Is Preserved...

Smith v. State: Superior Court’s Near-Complete Discretion to Depart from Nonbinding SENTAC Guidelines (Aggravators Are Nonexclusive)

Date: Aug 31, 2026

Smith v. State: Superior Court’s Near-Complete Discretion to Depart from Nonbinding SENTAC Guidelines (Aggravators Are Nonexclusive) 1. Introduction In Smith v. State (Del. Aug. 27, 2026), the...

Florida Appellate Rule Amendments Establish “Petition-Only” Service on Order-Issuing Officials Unless They Elect Further Service

Date: Aug 31, 2026

Florida Appellate Rule Amendments Establish “Petition-Only” Service on Order-Issuing Officials Unless They Elect Further Service 1. Introduction In In Re: Amendments to Florida Rules of Appellate...

Deliberate Design May Be Inferred from Repeated Shooting and Reloading; Invited-Error Bar for Omitted Lesser-Included Homicide Instruction

Date: Aug 31, 2026

Deliberate Design May Be Inferred from Repeated Shooting and Reloading; Invited-Error Bar for Omitted Lesser-Included Homicide Instruction 1. Introduction In White v. State of Mississippi (Miss. Aug....

Bush v. Marion General Hospital — COVID-19 Emergency Immunity Requires a Proven Causal Nexus to the Alleged Negligent Act or Omission

Date: Aug 31, 2026

COVID-19 Emergency Immunity Requires a Proven Causal Nexus to the Alleged Negligent Act or Omission Case: Bush v. Marion General Hospital (Supreme Court of Mississippi, Aug. 27, 2026) | Disposition:...

§ 2G2.2(c)(1) Cross-Reference Applies Without Proof of a “Live” Feed; Plea Admissions Waive Contrary Sentencing Facts

Date: Aug 29, 2026

§ 2G2.2(c)(1) Cross-Reference Applies Without Proof of a “Live” Feed; Plea Admissions Waive Contrary Sentencing Facts Case: United States v. Jose Sanchez (No. 24-3022) Court: Court of Appeals for the...

United States v. McIver : No Interlocutory Appeal for Selective/Vindictive Prosecution Denials; Speech or Debate Clause Does Not Immunize Non‑Legislative Physical Interference During Oversight Visits

Date: Aug 29, 2026

United States v. McIver: No Interlocutory Appeal for Selective/Vindictive Prosecution Denials; Speech or Debate Clause Does Not Immunize Non‑Legislative Physical Interference During Oversight Visits...

Third Circuit: No Interlocutory Appeal for Selective/Vindictive-Prosecution Denials; Legislative Immunity Limited to Speech or Debate—Remand Required for Overbroad § 111 Count

Date: Aug 29, 2026

Third Circuit: No Interlocutory Appeal for Selective/Vindictive-Prosecution Denials; Legislative Immunity Limited to Speech or Debate—Remand Required for Overbroad § 111 Count Introduction United...

FTCA Misdiagnosis Claims in Georgia Require Plaintiff Expert Testimony; Misdiagnosis Is Professional (Not Ordinary) Negligence

Date: Aug 29, 2026

FTCA Misdiagnosis Claims in Georgia Require Plaintiff Expert Testimony; Misdiagnosis Is Professional (Not Ordinary) Negligence Introduction In LaQuetta Gordon v. United States (11th Cir. Aug. 27,...

United States v. Irving: Minimal “AO 247” Reasoning Can Suffice to Deny an Amendment 821 § 3582(c)(2) Reduction When § 3553(a) Severity Concerns Predominate

Date: Aug 29, 2026

United States v. Irving: Minimal “AO 247” Reasoning Can Suffice to Deny an Amendment 821 § 3582(c)(2) Reduction When § 3553(a) Severity Concerns Predominate 1. Introduction In United States v. Irving...