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

Acquittal-First Jury Instructions Are Plain Error and Warrant Retrial When They Obstruct a Supported Heat-of-Passion Defense

Date: Sep 26, 2026

Acquittal-First Jury Instructions Are Plain Error and Warrant Retrial When They Obstruct a Supported Heat-of-Passion Defense Case: State of Minnesota v. Michael Lee LaFlex Court: Supreme Court of...

Ignoring Discovery Orders, Misleading a Client and Tribunal, and Defaulting in Bar Discipline Warrants a 181-Day Suspension

Date: Sep 26, 2026

Ignoring Discovery Orders, Misleading a Client and Tribunal, and Defaulting in Bar Discipline Warrants a 181-Day Suspension Case: In Re: Jay Michael Dade Court: Supreme Court of Kentucky Date:...

Kidnapping Sufficiency Is Measured Against Statutory Intent Alternatives, Not Narrower Jury Instructions

Date: Sep 26, 2026

Kidnapping Sufficiency Is Measured Against Statutory Intent Alternatives, Not Narrower Jury Instructions Case: Tristan Mitchell v. Commonwealth of Kentucky Court: Supreme Court of Kentucky Date:...

Post-Judgment Finality and Satisfaction Do Not Divest a Kentucky Circuit Court of Subject-Matter Jurisdiction

Date: Sep 26, 2026

Post-Judgment Finality and Satisfaction Do Not Divest a Kentucky Circuit Court of Subject-Matter Jurisdiction Case: Shawn Huffman v. JHPDE Finance I, LLC Court: Supreme Court of Kentucky Date:...

Government Negligence Per Se Requires a Mandatory Statutory Duty Protecting a Particular Class

Date: Sep 26, 2026

Government Negligence Per Se Requires a Mandatory Statutory Duty Protecting a Particular Class Case: Infanger v. State of Idaho, Idaho Department of Transportation Court: Supreme Court of Idaho |...

Local Ballot Access May Be Preserved Pending Appeal When Exclusion Would Irremediably Deny Initiative Rights

Date: Sep 26, 2026

Local Ballot Access May Be Preserved Pending Appeal When Exclusion Would Irremediably Deny Initiative Rights Case: 406 People First v. County of Butte-Silver Bow Court: Supreme Court of Montana Date:...

Clear-Error Review Requires the BIA to Confront, Not Rewrite, an Immigration Judge’s CAT Findings

Date: Sep 26, 2026

Clear-Error Review Requires the BIA to Confront, Not Rewrite, an Immigration Judge’s CAT Findings Case: Jose Lorenzo Lemus Palma v. Attorney General United States of America Court: United States...

A Broad Litigation-Specific Indemnity Covers Post-Closing Patent Losses—and Willful Infringement Does Not Defeat It Absent Clear Public Policy

Date: Sep 26, 2026

A Broad Litigation-Specific Indemnity Covers Post-Closing Patent Losses—and Willful Infringement Does Not Defeat It Absent Clear Public Policy Case: Claude Gendreau v. Movora LLC Court: Supreme Court...

Undisclosed Defendant Statements Do Not Require a Mistrial Absent a Reasonable Probability of a Different Result

Date: Sep 26, 2026

Undisclosed Defendant Statements Do Not Require a Mistrial Absent a Reasonable Probability of a Different Result Case: Tyler Austin Jordan v. Commonwealth of Kentucky Court: Supreme Court of Kentucky...

Carter v. State: Identity May Be Proved by DNA and Corroborating Circumstantial Evidence

Date: Sep 26, 2026

Identity May Be Proved by DNA and Corroborating Circumstantial Evidence Without Proof of When the DNA Was Deposited Case: Carter v. State Court: Supreme Court of Delaware Decision Date: September 23,...

Alternative-Perpetrator Defenses Do Not Relax Evidentiary Rules, and Undisclosed Expert Opinions Require Prejudice for Reversal

Date: Sep 25, 2026

Alternative-Perpetrator Defenses Do Not Relax Evidentiary Rules, and Undisclosed Expert Opinions Require Prejudice for Reversal Case: State of Minnesota v. Lee Wayne Young, Jr. Court: Supreme Court...

State v. J. Hubber: Bondsman Arrest Authority Does Not Independently Privilege Entry into a Third Party’s Home

Date: Sep 25, 2026

Bondsman Arrest Authority Does Not Independently Privilege Entry into a Third Party’s Home, and Mens Rea Instructional Error Requires Proven Prejudice Case: State v. J. Hubber, 2026 MT 229 Court:...

Mandamus Cannot Compel Advisory Clarification of an Injunction to Influence a Governor’s Death-Warrant Decision

Date: Sep 25, 2026

Mandamus Cannot Compel Advisory Clarification of an Injunction to Influence a Governor’s Death-Warrant Decision Case: Commonwealth of Kentucky v. Hon. Phillip J. Shepherd Court: Supreme Court of...

Concrete Proof Is Required to Pierce Kentucky’s Rape Shield, and County Venue Objections Must Be Raised Before Trial

Date: Sep 25, 2026

Concrete Proof Is Required to Pierce Kentucky’s Rape Shield, and County Venue Objections Must Be Raised Before Trial Case: Steven Minton v. Commonwealth of Kentucky Court: Supreme Court of Kentucky...

A Testifying DNA Analyst May Interpret Non-Testimonial Raw Laboratory Data Without Calling Every Testing Technician

Date: Sep 25, 2026

A Testifying DNA Analyst May Interpret Non-Testimonial Raw Laboratory Data Without Calling Every Testing Technician Case: Timothy McQueary v. Commonwealth of Kentucky Court: Supreme Court of Kentucky...

Asking a Captured Suspect Why He Fled Constitutes Miranda Interrogation, but Erroneous Admission May Be Harmless

Date: Sep 25, 2026

Asking a Captured Suspect Why He Fled Constitutes Miranda Interrogation, but Erroneous Admission May Be Harmless Case: Cruz Frescas v. Commonwealth of Kentucky Court: Supreme Court of Kentucky Date:...

Wantonly Creating an Emergency Bars a Choice-of-Evils Defense to Wanton Criminal Mischief

Date: Sep 25, 2026

Wantonly Creating an Emergency Bars a Choice-of-Evils Defense to Wanton Criminal Mischief Case: Mark West v. Commonwealth of Kentucky Court: Supreme Court of Kentucky Date: September 24, 2026...

Supervised Practice May Establish Fitness for Conditional Attorney Reinstatement

Date: Sep 25, 2026

Supervised Practice May Establish Fitness for Conditional Attorney Reinstatement Case: In Re: Allison Coffeen Mohon Court: Supreme Court of Kentucky Date: September 24, 2026 Decision: Conditional...

Intentional Assistance in Leading or Restraining a Victim Supports Complicity to First-Degree Sodomy

Date: Sep 25, 2026

Intentional Assistance in Leading or Restraining a Victim Supports Complicity to First-Degree Sodomy Case: Demaurion Moore v. Commonwealth of Kentucky Court: Supreme Court of Kentucky Date: September...

Schuster v. Milbrath: Presale Construction Contracts Must Specify the Scope, Quality, and Price of the Finished Residence

Date: Sep 25, 2026

Presale Construction Contracts Must Specify the Scope, Quality, and Price of the Finished Residence Case: SCHUSTER v. MILBRATH Court: Supreme Court of Idaho Date: September 24, 2026 Docket No.: 52545...