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

APA Grant-Freeze Litigation: Categorical Pauses Are Reviewable and Likely Arbitrary, but Courts Cannot Order Grant Payments (First Cir. 2026)

Date: Aug 8, 2026

APA Grant-Freeze Litigation: Categorical Pauses Are Reviewable and Likely Arbitrary, but Courts Cannot Order Grant Payments (First Cir. 2026) Case: Woonasquatucket River Watershed Council v. USDA...

Bousley Actual-Innocence Gateway Extends to Equally Serious Dismissed Charges for AEDPA Time-Bar Relief

Date: Aug 8, 2026

Bousley Actual-Innocence Gateway Extends to Equally Serious Dismissed Charges for AEDPA Time-Bar Relief Introduction In United States v. Hahn (10th Cir. Aug. 7, 2026), Marcus Hahn sought...

Authorized Signers May Bind Business Deposit Customers to Bank Arbitration Terms Incorporated by Reference; Post-Compulsion Disposition Must Be Stay or Dismissal Without Prejudice

Date: Aug 8, 2026

Authorized Signers May Bind Business Deposit Customers to Bank Arbitration Terms Incorporated by Reference; Post-Compulsion Disposition Must Be Stay or Dismissal Without Prejudice Case: Cunningham v....

Patient “Cost-Support” Fax Can Be a TCPA Advertisement Even with Informational Content: S.A.S.B. CORP v. Johnson & Johnson Health Care Systems Inc.

Date: Aug 8, 2026

Patient “Cost-Support” Fax Can Be a TCPA Advertisement Even with Informational Content 1. Introduction In S.A.S.B. CORP v. Johnson & Johnson Health Care Systems Inc. (3d Cir. Aug. 7, 2026), S.A.S.B....

Usury as a Waivable Affirmative Defense: Vermont Requires Reassertion at Summary Judgment and Permits Enforcement at the Legal Interest Rate Absent a Preserved § 50(b) Claim

Date: Aug 8, 2026

Usury as a Waivable Affirmative Defense: Vermont Requires Reassertion at Summary Judgment and Permits Enforcement at the Legal Interest Rate Absent a Preserved § 50(b) Claim 1. Introduction In...

Guidelines Robbery After the 2023 Amendment: No Implied Mens Rea; California Penal Code § 211 Categorically Qualifies

Date: Aug 8, 2026

Guidelines Robbery After the 2023 Amendment: No Implied Mens Rea; California Penal Code § 211 Categorically Qualifies Case: United States v. Williams (5th Cir. Aug. 7, 2026) | Court: U.S. Court of...

Sixth Circuit Adopts Probable-Cause Standard for the “Serious Reasons for Believing” Serious-Nonpolitical-Crime Bar

Date: Aug 8, 2026

Sixth Circuit Adopts Probable-Cause Standard for the “Serious Reasons for Believing” Serious-Nonpolitical-Crime Bar I. Introduction In Leandro Spindola v. Todd Blanche (6th Cir. Aug. 7, 2026), the...

Qualified Immunity and Fourth Amendment Reasonableness: Probable Cause, Inventory Searches, and Obstruction Arrests Despite Policy Imperfections

Date: Aug 8, 2026

Qualified Immunity and Fourth Amendment Reasonableness: Probable Cause, Inventory Searches, and Obstruction Arrests Despite Policy Imperfections 1. Introduction Cody Henderson v. Village of New...

Unconditional Prevailing-Party Fee Shifting Under TBCC § 28.08(c) in Credit-Reporting Suits (No FCRA Preemption) and Forfeiture Limits on Fee Challenges

Date: Aug 8, 2026

Unconditional Prevailing-Party Fee Shifting Under TBCC § 28.08(c) in Credit-Reporting Suits (No FCRA Preemption) and Forfeiture Limits on Fee Challenges I. Introduction Gore v. Higher Educ Loan Auth...

18 U.S.C. §§ 111 & 1114: Subcontracted Private Personnel Assisting Federal Detention Functions Are Protected Without a Direct Federal Contract

Date: Aug 8, 2026

18 U.S.C. §§ 111 & 1114: Subcontracted Private Personnel Assisting Federal Detention Functions Are Protected Without a Direct Federal Contract Case: United States v. Hernandez (No. 25-2084) Court:...

Appraisal-and-Tolling Demands Alone Do Not Create a Justiciable Insurance Dispute in Minnesota

Date: Aug 7, 2026

Appraisal-and-Tolling Demands Alone Do Not Create a Justiciable Insurance Dispute in Minnesota 1. Introduction In CVC Investments LLP, et al. v. State Farm Fire and Casualty Company (Minn. Aug. 5,...

Injury-in-Fact Standing Makes “Shareholder” Status Under Minn. Stat. § 302A.751 a Merits Issue Subject to Forfeiture (Not a Jurisdictional Standing Bar)

Date: Aug 7, 2026

Injury-in-Fact Standing Makes “Shareholder” Status Under Minn. Stat. § 302A.751 a Merits Issue Subject to Forfeiture (Not a Jurisdictional Standing Bar) 1. Introduction This Minnesota Supreme Court...

Withdrawal as Waiver in Dissolution Appeals: Abandoned Third-Party Property Claims and Untimely Discovery Do Not Become Due Process Violations

Date: Aug 7, 2026

Withdrawal as Waiver in Dissolution Appeals: Abandoned Third-Party Property Claims and Untimely Discovery Do Not Become Due Process Violations Introduction Marriage of Ferrazzano (Mont. Sup. Ct. 2026...

Relocation Presumption in Phased Parenting Plans: Residential Time Is Measured at Service of Relocation Notice

Date: Aug 7, 2026

Relocation Presumption in Phased Parenting Plans: Residential Time Is Measured at Service of Relocation Notice Case: In re Marriage of Hauk Court: Supreme Court of Washington (en banc) Date: August...

Intentional Tort Damages Are Not Reduced by Comparative Negligence in Hawaiʻi (Overruling Ozaki I)

Date: Aug 7, 2026

Intentional Tort Damages Are Not Reduced by Comparative Negligence in Hawaiʻi (Overruling Ozaki I) 1. Introduction In Ricapor-Hall v. Philip Morris USA Inc. (Haw. Aug. 6, 2026), the Hawaiʻi Supreme...

Contempt for Frustrating Court-Ordered Joint Tax Filing: Contextual Construction of “Withdraw” and Compensatory IRS Penalties

Date: Aug 7, 2026

Contempt for Frustrating Court-Ordered Joint Tax Filing: Contextual Construction of “Withdraw” and Compensatory IRS Penalties I. Introduction In Guy Morrison III v. Tami Hinson-Morrison, 2026 WY 87...

Reinstatement After Judiciary Law § 468-a Registration Suspension Requires Full Employment Disclosure and Verified Nonlegal Work

Date: Aug 7, 2026

Reinstatement After Judiciary Law § 468-a Registration Suspension Requires Full Employment Disclosure and Verified Nonlegal Work 1. Introduction Matter: Matter of Attorneys in Violation of Judiciary...

Election of Article 15 Service Retirement Based on Non-DOCCS Employment Bars Later § 507-b Performance-of-Duty Disability Retirement

Date: Aug 7, 2026

Election of Article 15 Service Retirement Based on Non-DOCCS Employment Bars Later § 507-b Performance-of-Duty Disability Retirement 1. Introduction Matter of Mussaw v DiNapoli (2026 NY Slip Op...

Keypad Gates Across Express Access Easements May Be Enjoined When They Materially Impair the Easement Holder’s привычный Use

Date: Aug 7, 2026

Keypad Gates Across Express Access Easements May Be Enjoined When They Materially Impair the Easement Holder’s Accustomed Use Case: Venezia v. Luma, 2026 NY Slip Op 04897 (App Div 3d Dept Aug. 6,...

Interlocutory Review Under Delaware Supreme Court Rule 42 Requires Exceptional Circumstances—Routine Motion-to-Dismiss Denials (Even in High-Profile Defamation Cases) Do Not Qualify

Date: Aug 7, 2026

Interlocutory Review Under Delaware Supreme Court Rule 42 Requires Exceptional Circumstances—Routine Motion-to-Dismiss Denials (Even in High-Profile Defamation Cases) Do Not Qualify Case: Fox News...