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

Permanent Absentee Voting Upheld: Automatic Ballot Mailing Does Not Expand Article V, § 4A Categories in a Facial Challenge

Date: Sep 22, 2026

Permanent Absentee Voting Upheld: Automatic Ballot Mailing Does Not Expand Article V, § 4A Categories in a Facial Challenge I. Introduction In Gerald W. Hocker and Steven Washington v. The Honorable...

Plain-Error Limits: Unpreserved Confrontation and Sufficiency Claims Fail Absent a “Clear Legal Norm”

Date: Sep 22, 2026

Plain-Error Limits: Unpreserved Confrontation and Sufficiency Claims Fail Absent a “Clear Legal Norm” 1. Introduction United States v. Bolaji Bolarinwa (3d Cir. Sept. 18, 2026) concerns convictions...

Oral Pronouncement by Adoption: Discretionary Supervised-Release Conditions May Be Upheld Without an Express On-the-Record Confirmation of Defendant’s Review When the Record Reasonably Shows Notice and Understanding

Date: Sep 22, 2026

Oral Pronouncement by Adoption: Discretionary Supervised-Release Conditions May Be Upheld Without an Express On-the-Record Confirmation of Defendant’s Review When the Record Reasonably Shows Notice...

BELLOMO v. ROYBAL: NRCP 68 Fee Awards Must Exclude Pre-Offer Contingency Work Under Clark v. Marin

Date: Sep 22, 2026

NRCP 68 Fee Awards Must Exclude Pre-Offer Contingency Work Under Clark v. Marin 1. Introduction Parties: Louis Bellomo and his employer, SHAC, LLC (a/k/a Sapphire LV Gentleman’s Club) (collectively,...

Half-Truths as Actionable Fraud in the Inducement: Nevada Recognizes a Duty to Disclose Once a Solicitation Creates a Misleading Impression

Date: Sep 22, 2026

Half-Truths as Actionable Fraud in the Inducement: Nevada Recognizes a Duty to Disclose Once a Solicitation Creates a Misleading Impression 1. Introduction In ROYAL UNION TR. v. JOHNSON (Nev. Sept....

Separate Sentencings Can Render a Defendant Ineligible for USSG § 4C1.1’s Zero-Point Offender Reduction, and Guideline Errors May Be Affirmed as Harmless Where the Same Sentence Would Be Imposed

Date: Sep 22, 2026

Separate Sentencings Can Render a Defendant Ineligible for USSG § 4C1.1’s Zero-Point Offender Reduction, and Guideline Errors May Be Affirmed as Harmless Where the Same Sentence Would Be Imposed 1....

Third Circuit: Warrant (or Exigency) Required for Strip Searches Incident to Arrest Outside Jail/Prison Intake

Date: Sep 22, 2026

Third Circuit: Warrant (or Exigency) Required for Strip Searches Incident to Arrest Outside Jail/Prison Intake I. Introduction In Kyle Beatty v. Clinton Gardner (3d Cir. Sept. 16, 2026), the Third...

Fifth Circuit Clarifies De Novo Sufficiency Review for Inherent-Power Bad-Faith Sanctions in Bankruptcy and Reaffirms “But-For” Fee Causation

Date: Sep 22, 2026

Fifth Circuit Clarifies De Novo Sufficiency Review for Inherent-Power Bad-Faith Sanctions in Bankruptcy and Reaffirms “But-For” Fee Causation I. Introduction NexPoint Real Estate Partners, L.L.C....

Crawford v. West Texas A&M University: Paid Administrative Leave Plus Disciplinary Investigation May Be Materially Adverse Under Burlington; Independent Investigation Can Break Retaliation Causation

Date: Sep 22, 2026

Paid Administrative Leave Plus Disciplinary Investigation May Be Materially Adverse Under Burlington; Independent Investigation Can Break Retaliation Causation I. Introduction Crawford v. West Texas...

Policy Amendments Do Not Moot Similar Speech Restrictions; Plaintiffs Clearly Covered by a Curfew Lack Vagueness Standing but May Pursue Facial Overbreadth and Pre‑Enforcement “Chilling” Challenges

Date: Sep 22, 2026

Policy Amendments Do Not Moot Similar Speech Restrictions; Plaintiffs Clearly Covered by a Curfew Lack Vagueness Standing but May Pursue Facial Overbreadth and Pre‑Enforcement “Chilling” Challenges...

Separate Sentencings Can Defeat the USSG § 4C1.1 “Zero-Point Offender” Reduction and Support Assumed-Error Harmlessness Review in Guidelines Disputes

Date: Sep 22, 2026

Separate Sentencings Can Defeat the USSG § 4C1.1 “Zero-Point Offender” Reduction and Support Assumed-Error Harmlessness Review in Guidelines Disputes 1. Introduction United States v. Robin Johnson is...

Nevada: Fee-Splitting Alone Does Not Create a Joint Venture for Malpractice Vicarious Liability Without Shared Control and Loss-Sharing

Date: Sep 22, 2026

Nevada: Fee-Splitting Alone Does Not Create a Joint Venture for Malpractice Vicarious Liability Without Shared Control and Loss-Sharing 1. Introduction In HARPER v. BRUCE G. FAGEL, A LAW CORP. (Nev....

NRS 176.09183 Requires a Showing that New DNA Testing Could Have Prevented Prosecution Despite Other Circumstantial Evidence

Date: Sep 22, 2026

NRS 176.09183 Requires a Showing that New DNA Testing Could Have Prevented Prosecution Despite Other Circumstantial Evidence 1. Introduction In PINEDA-LAURENCIO (YIORKIS) v. STATE (CRIMINAL) (Nev....

Interstate Handgun Purchase Bans Are Presumptively Unconstitutional Under Bruen and Fail Without Founding-Era Analogues

Date: Sep 22, 2026

Interstate Handgun Purchase Bans Are Presumptively Unconstitutional Under Bruen and Fail Without Founding-Era Analogues 1. Introduction In Elite Precision v. ATF (5th Cir. Sept. 18, 2026), the Fifth...

Enforcing Appeal Waivers After Hunter I: Ordinary Guidelines Disputes (Including Career-Offender Classification) Are Not “Miscarriages of Justice”

Date: Sep 22, 2026

Enforcing Appeal Waivers After Hunter I: Ordinary Guidelines Disputes (Including Career-Offender Classification) Are Not “Miscarriages of Justice” I. Introduction United States v. Chaney (5th Cir....

Title-Insurance Damages Use Market Value of Title “As Insured” (Not Current Use) and Mandatory Prejudgment Interest Runs From the Policy’s Payment-Due Date

Date: Sep 22, 2026

Title-Insurance Damages Use Market Value of Title “As Insured” (Not Current Use) and Mandatory Prejudgment Interest Runs From the Policy’s Payment-Due Date 1. Introduction In Hayden Holdings, Ltd v....

No Partial PPP Forgiveness for Corporate-Group-Cap Violations Under SBA’s Corporate Group Rule

Date: Sep 22, 2026

No Partial PPP Forgiveness for Corporate-Group-Cap Violations Under SBA’s Corporate Group Rule Introduction In Celebrity of Springfield LLC v. SBA, the U.S. Court of Appeals for the Third Circuit...

Adverse Credibility Upheld Where Inconsistencies Are Material and Testimony Is Implausible; Unraised CAT Arguments Are Forfeited

Date: Sep 22, 2026

Adverse Credibility Upheld Where Inconsistencies Are Material and Testimony Is Implausible; Unraised CAT Arguments Are Forfeited 1. Introduction In Arianne Bracho Hernandez v. Attorney General United...

Child-Welfare Investigations: Warrantless Home Entry Requires Consent, Warrant, or Imminent-Danger Exigency; “Dodd” Removals Satisfy Due Process Only When Constitutional Imminent Harm Exists

Date: Sep 22, 2026

Child-Welfare Investigations: Warrantless Home Entry Requires Consent, Warrant, or Imminent-Danger Exigency; “Dodd” Removals Satisfy Due Process Only When Constitutional Imminent Harm Exists I....

Uncorroborated “Agitated Caregiver” Report Cannot Justify Warrantless Child-Welfare Home Entry; Emergency Child Removals Must Meet a Constitutional “Imminent Harm” Standard (Though Qualified Immunity May Still Apply)

Date: Sep 22, 2026

Uncorroborated “Agitated Caregiver” Report Cannot Justify Warrantless Child-Welfare Home Entry; Emergency Child Removals Must Meet a Constitutional “Imminent Harm” Standard (Though Qualified Immunity...