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

Confrontation Clause “Opportunity” Standard: COVID-Era Trial Recesses Do Not Violate the Sixth Amendment When Cross-Examination Remains Full and Fair

Date: Aug 29, 2026

Confrontation Clause “Opportunity” Standard: COVID-Era Trial Recesses Do Not Violate the Sixth Amendment When Cross-Examination Remains Full and Fair Case: United States v. Michael Forrester, Jr....

Attempted Disarming of a Peace Officer as a Robbery-Analogue Felony Supports § 922(g)(1) Disarmament Under Bruen

Date: Aug 29, 2026

Attempted Disarming of a Peace Officer as a Robbery-Analogue Felony Supports § 922(g)(1) Disarmament Under Bruen Case: United States v. Mitchell (5th Cir. Aug. 26, 2026) Court: United States Court of...

Presuming Understanding of “Guilty” Under Crim.R. 11: Omission of “Complete Admission” Is Not a Complete Failure Absent Actual Innocence (State v. Fontanez)

Date: Aug 29, 2026

Presuming Understanding of “Guilty” Under Crim.R. 11: Omission of “Complete Admission” Is Not a Complete Failure Absent Actual Innocence (State v. Fontanez) Case: State v. Fontanez, Slip Opinion No....

Legislative Repeal Moots Mandamus Appeal and Warrants Vacatur Where Mootness Is Not Appellant-Caused

Date: Aug 29, 2026

Legislative Repeal Moots Mandamus Appeal and Warrants Vacatur Where Mootness Is Not Appellant-Caused Case: Aldin Associates Ltd. Partnership v. State (Order on Motion) Court: Supreme Court of...

Eleventh Circuit: Younger Abstention Requires Dismissal Without Prejudice When Federal Relief Would Interfere with Ongoing State Contempt Enforcement

Date: Aug 29, 2026

Eleventh Circuit: Younger Abstention Requires Dismissal Without Prejudice When Federal Relief Would Interfere with Ongoing State Contempt Enforcement Case: Brian C. Chubboy v. Nona C. Chubboy, et al....

Commingled Special-Needs Trust Funds Trigger Automatic Stay as Estate-Property Claims

Date: Aug 29, 2026

Commingled Special-Needs Trust Funds Trigger Automatic Stay as Estate-Property Claims: Beneficiaries’ Non-Debtor Class Actions Must Yield to Bankruptcy Administration 1. Introduction In Clark...

ERISA LTD Termination Upheld Where Multiple Medical Reviews and Vocational Evidence Provide a Reasonable Basis; SSA Disability and Minor Record Errors Are Not Dispositive

Date: Aug 29, 2026

ERISA LTD Termination Upheld Where Multiple Medical Reviews and Vocational Evidence Provide a Reasonable Basis; SSA Disability and Minor Record Errors Are Not Dispositive 1. Introduction In Marcy...

Rule 72(a) Waiver Bars Appellate Review of Unobjected-to Magistrate Discovery Orders, and Post-Judgment Filings Cannot Defeat Summary Judgment (11th Cir.)

Date: Aug 29, 2026

Rule 72(a) Waiver Bars Appellate Review of Unobjected-to Magistrate Discovery Orders, and Post-Judgment Filings Cannot Defeat Summary Judgment (11th Cir.) I. Introduction In Michael Eugene Grimage v....

Arguable Probable Cause for Obstruction When a Suspect Lies About Carrying Identification During a Lawful Terry Stop (and No First Amendment Right to Refuse Identity Disclosure)

Date: Aug 29, 2026

Arguable Probable Cause for Obstruction When a Suspect Lies About Carrying Identification During a Lawful Terry Stop (and No First Amendment Right to Refuse Identity Disclosure) Case: Robert E....

Post-Arrest Minimization and Lack of Remorse Can Justify an Upward Variance Above the § 2422(b) Mandatory Minimum

Date: Aug 29, 2026

Post-Arrest Minimization and Lack of Remorse Can Justify an Upward Variance Above the § 2422(b) Mandatory Minimum 1. Introduction In United States v. Francisco Alvarez-Tello (11th Cir. Aug. 27, 2026)...

Deportation Risk Is Not a Proper § 3553(a) Basis to Deny an Amendment 821 § 3582(c)(2) Reduction, but Denial Stands When Offense Seriousness Independently Controls

Date: Aug 29, 2026

Deportation Risk Is Not a Proper § 3553(a) Basis to Deny an Amendment 821 § 3582(c)(2) Reduction, but Denial Stands When Offense Seriousness Independently Controls Case: United States v. Kenny...

Plain-View Seizure of an Unsecured Vehicle Firearm as “Immediately Apparent” Contraband Under Fla. Stat. § 790.25(4)(a)

Date: Aug 29, 2026

Plain-View Seizure of an Unsecured Vehicle Firearm as “Immediately Apparent” Contraband Under Fla. Stat. § 790.25(4)(a) 1. Introduction In United States v. Marquis Player (11th Cir. Aug. 27, 2026)...

Lowell v. Lyft, Inc.: ADA Plaintiffs Must Prove Proposed Modifications Will Likely Produce Effective WAV Service; “Facial Reasonableness” Alone Is Not Enough

Date: Aug 29, 2026

Lowell v. Lyft, Inc.: ADA Plaintiffs Must Prove Proposed Modifications Will Likely Produce Effective WAV Service; “Facial Reasonableness” Alone Is Not Enough 1. Introduction In Lowell v. Lyft, Inc....

United States v. Valdez: Pretrial Reconsideration of Suppression Orders and Inevitable Discovery Through Booking Inventories

Date: Aug 29, 2026

United States v. Valdez: Pretrial Reconsideration of Suppression Orders and Inevitable Discovery Through Booking Inventories 1. Introduction In United States v. Valdez (10th Cir. Aug. 27, 2026), the...

Redistribution of Duties Among Remaining Employees Does Not Show Pretext When a Distinct Position Is Eliminated in a RIF

Date: Aug 29, 2026

Redistribution of Duties Among Remaining Employees Does Not Show Pretext When a Distinct Position Is Eliminated in a RIF 1. Introduction In Zou v. Linde Engineering North America (10th Cir. Aug. 27,...

Competitor Unfair-Competition Claims Fall Outside Platform Ad-Term Arbitration Clauses Absent a Sufficient Nexus to the Advertiser Relationship

Date: Aug 29, 2026

Competitor Unfair-Competition Claims Fall Outside Platform Ad-Term Arbitration Clauses Absent a Sufficient Nexus to the Advertiser Relationship Case: Metroplex Communications, Inc. v. Meta Platforms,...

United States v. Musselman: Harmless-Foreperson Internet “Roadmap” Misconduct and Heightened-Duty Willful Blindness for the Ostrich Instruction

Date: Aug 29, 2026

United States v. Musselman: Harmless-Foreperson Internet “Roadmap” Misconduct and Heightened-Duty Willful Blindness for the Ostrich Instruction Court: U.S. Court of Appeals for the Seventh Circuit...

United States v. Carrie Musselman: Waiver of Remmer Uncertainty and “Ostrich” Knowledge in Healthcare-Billing Fraud

Date: Aug 29, 2026

Waiver of Remmer Uncertainty & Willful-Blindness (“Ostrich”) Knowledge in Medicare Billing Fraud Case: United States v. Carrie Musselman (Nos. 25-2173 & 25-2494) Court: U.S. Court of Appeals for the...

Sixth Circuit: State-Created Danger Does Not Reach Noncustodial Suicide; Suicide Breaks Duty and Causation for Substantive Due Process Claims

Date: Aug 29, 2026

Sixth Circuit: State-Created Danger Does Not Reach Noncustodial Suicide; Suicide Breaks Duty and Causation for Substantive Due Process Claims I. Introduction Case: Brian Zimmermann v. Scott Labish,...

Sixth Circuit: State-Created Danger Does Not Extend to Noncustodial Suicide; Immunities Require Dismissal

Date: Aug 29, 2026

Zimmermann v. Labish: The Sixth Circuit Reaffirms That the State-Created Danger Doctrine Does Not Reach Noncustodial Suicide—and Immunities Require Early Dismissal Case: Brian Zimmermann v. Scott...