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

Pleading Title VII Retaliation Requires “Significant” Harm and Plausible Causation; Sparse, Two-Day Harassment Allegations Do Not State a Hostile Work Environment

Date: Aug 7, 2026

Pleading Title VII Retaliation Requires “Significant” Harm and Plausible Causation; Sparse, Two-Day Harassment Allegations Do Not State a Hostile Work Environment 1. Introduction In Svetlana N....

No Oklahoma Tort Duty for Pharmacies to Fill Prescriptions Absent a Voluntary Undertaking; “Right Not to Fill” Regulation Treated as Clarifying

Date: Aug 7, 2026

No Oklahoma Tort Duty for Pharmacies to Fill Prescriptions Absent a Voluntary Undertaking; “Right Not to Fill” Regulation Treated as Clarifying Case: Scholl v. Walgreens Specialty Pharmacy Court:...

Louisiana Adhesion Doctrine Invalidates Unilateral “Owner’s Sole Discretion” Arbitration Clauses in Construction Contracts

Date: Aug 7, 2026

Louisiana Adhesion Doctrine Invalidates Unilateral “Owner’s Sole Discretion” Arbitration Clauses in Construction Contracts I. Introduction In MAPP, L.L.C. v. Floor and Decor Outlets of America,...

Revocation of Adam Walsh Act Conditional Discharge Requires Proof by a Preponderance Under 18 U.S.C. § 4248(f)

Date: Aug 7, 2026

Revocation of Adam Walsh Act Conditional Discharge Requires Proof by a Preponderance Under 18 U.S.C. § 4248(f) 1. Introduction United States v. Robert Boyd (4th Cir. Aug. 6, 2026) addresses the...

Third Circuit Treats 18 U.S.C. § 2422(b) (Online Enticement/Attempt) as Categorical “Sexual Abuse of a Minor” Aggravated Felony—No Actual Minor Required

Date: Aug 7, 2026

Third Circuit Treats 18 U.S.C. § 2422(b) (Online Enticement/Attempt) as Categorical “Sexual Abuse of a Minor” Aggravated Felony—No Actual Minor Required 1) Introduction In Dameon Allen v. Attorney...

Pro Se Removal Proceedings: Immigration Judges Must Develop the Record on Dispositive, Favorable Issues Raised by the Applicant

Date: Aug 7, 2026

Pro Se Removal Proceedings: Immigration Judges Must Develop the Record on Dispositive, Favorable Issues Raised by the Applicant I. Introduction Ildar Ruzmetovich Niyazov v. Attorney General United...

Appellate Forfeiture and Pretext in Performance-Improvement-Plan Discrimination Claims (Noel v. Challenge Manufacturing Holdings)

Date: Aug 7, 2026

Appellate Forfeiture and Pretext in Performance-Improvement-Plan Discrimination Claims (Noel v. Challenge Manufacturing Holdings) Introduction In Jerreece Noel v. Challenge Manufacturing Holdings,...

Plaintiff-Caused Foreign Delay and Ongoing Parallel Proceedings Support Forum Non Conveniens Dismissal Despite Defendant’s New Jersey Home Forum

Date: Aug 7, 2026

Plaintiff-Caused Foreign Delay and Ongoing Parallel Proceedings Support Forum Non Conveniens Dismissal Despite Defendant’s New Jersey Home Forum Introduction In Martin and Harris Private Ltd v. Merck...

Voluntary Remand to Reconsider Voluntary Departure Without Reaching Merits; Exhaustion Required for Agency-Bias Due Process Claims

Date: Aug 7, 2026

Voluntary Remand to Reconsider Voluntary Departure Without Reaching Merits; Exhaustion Required for Agency-Bias Due Process Claims Introduction In Newton Scott Mulama v. Todd W. Blanche, Acting U.S....

Dish Network v. Fraifer: Third-Party Infringers Cannot Invoke § 204(a) to Attack Uncontested Copyright Transfers; UAE “Collective Work” Classification Establishes Initial Ownership

Date: Aug 7, 2026

Dish Network v. Fraifer: Third-Party Infringers Cannot Invoke § 204(a) to Attack Uncontested Copyright Transfers; UAE “Collective Work” Classification Establishes Initial Ownership 1. Introduction...

Eqbal v. Blanche: Calendar/Translation Errors and Ignored Key Documentary Proof Cannot Sustain Adverse Credibility in Asylum Adjudications

Date: Aug 7, 2026

Eqbal v. Blanche: Calendar/Translation Errors and Ignored Key Documentary Proof Cannot Sustain Adverse Credibility in Asylum Adjudications 1. Introduction In Eqbal v. Blanche (5th Cir. Aug. 6, 2026),...

Defective Notice to Appear (No Time/Date) Does Not Strip IJ Jurisdiction; Objection Is Forfeited if Not Raised Before the IJ

Date: Aug 7, 2026

Defective Notice to Appear (No Time/Date) Does Not Strip IJ Jurisdiction; Objection Is Forfeited if Not Raised Before the IJ 1. Introduction In Maria Navarrete-Melgar v. Todd Blanche (4th Cir. Aug....

Prosecutorial Consent to Waive Jury Trial Survives Separation-of-Powers Challenge Under NRS 175.011(1)

Date: Aug 7, 2026

Prosecutorial Consent to Waive Jury Trial Survives Separation-of-Powers Challenge Under NRS 175.011(1) 1. Introduction In DEFALCO (JESSICA) v. STATE (CRIMINAL) (Nev. Aug. 6, 2026), the Nevada Supreme...

Qualified Immunity Where an Inmate Shows No External Distress: No Clearly Established Duty to Immediately Act on an Oral Chest-Pain Complaint

Date: Aug 7, 2026

Qualified Immunity Where an Inmate Shows No External Distress: No Clearly Established Duty to Immediately Act on an Oral Chest-Pain Complaint 1. Introduction In Larry Richardson v. Nathan Falk (Sixth...

Rejected BIA eFilings Are Treated as Unfiled—and Thus Unreviewable on Petition for Review

Date: Aug 7, 2026

Rejected BIA eFilings Are Treated as Unfiled—and Thus Unreviewable on Petition for Review 1. Introduction In Arefin Chowdhury v. Attorney General United States of America (3d Cir. Aug. 6, 2026)...

Strickland Prejudice Required to Excuse Procedural Default of a Plea-Breach Sentencing Claim

Date: Aug 7, 2026

Strickland Prejudice Required to Excuse Procedural Default of a Plea-Breach Sentencing Claim Introduction In Demond Liles v. V. Michael Fisher (Sixth Cir. Aug. 6, 2026), Demond D. Liles sought...

No §1983 “Color of Law” Without Manifestation of Office; Child-Safety Exigency Does Not Justify Forced Drug Testing Once Children Are Removed

Date: Aug 7, 2026

No §1983 “Color of Law” Without Manifestation of Office; Child-Safety Exigency Does Not Justify Forced Drug Testing Once Children Are Removed 1) Introduction Knighton v. Benton County (5th Cir. Aug....

Post-Hunter Enforcement of Sentence-Appeal Waivers: Only “Obvious” Miscarriages of Justice Void the Waiver

Date: Aug 7, 2026

Post-Hunter Enforcement of Sentence-Appeal Waivers: Only “Obvious” Miscarriages of Justice Void the Waiver 1. Introduction In United States v. Evan Graves (11th Cir. Aug. 6, 2026) (unpublished), the...

Fifth-Amendment Unavailability as “Good Cause” and Video-Corroborated Reliability for Hearsay at Supervised-Release Revocation

Date: Aug 7, 2026

Fifth-Amendment Unavailability as “Good Cause” and Video-Corroborated Reliability for Hearsay at Supervised-Release Revocation 1. Introduction In United States v. Delrico Clyburn (3d Cir. Aug. 6,...

Cash-Collateral Bar Dates and Confirmation Orders Preclude Post-Deadline Lien-Priority Challenges by Later Note Assignees

Date: Aug 7, 2026

Cash-Collateral Bar Dates and Confirmation Orders Preclude Post-Deadline Lien-Priority Challenges by Later Note Assignees Introduction Adler v. Energy Debt Holdings (5th Cir. Aug. 6, 2026) arises...