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

Corporate Fleet UIM Stacking Barred for Employee-Occupants: § 27-7-2.1(i) Inapplicable Absent Premium Payment by the Insured

Date: Aug 1, 2026

Corporate Fleet UIM Stacking Barred for Employee-Occupants: § 27-7-2.1(i) Inapplicable Absent Premium Payment by the Insured Introduction In Shilo D. Horsman, individually, and in her capacity of as...

§ 9-19-27 Does Not Govern Medical Records Used Solely for Impeachment; Party Testimony Can Supply Rule 901 Authentication

Date: Aug 1, 2026

§ 9-19-27 Does Not Govern Medical Records Used Solely for Impeachment; Party Testimony Can Supply Rule 901 Authentication Case: Yohaira Galindez v. Rhode Island Public Transit Authority et al. Court:...

GARA Misrepresentation Exception Requires Specific Fact Pleading Before Discovery; “New Parts” Rolling Provision Demands Proof of Manufacturer and Causation

Date: Aug 1, 2026

GARA Misrepresentation Exception Requires Specific Fact Pleading Before Discovery; “New Parts” Rolling Provision Demands Proof of Manufacturer and Causation 1. Introduction In Carol Williams,...

People v Sanders: Confessions During Unlawful Post-Arrest Detention Are Suppressed Unless Attenuated (Overruling Manning)

Date: Aug 1, 2026

People v Sanders: Confessions During Unlawful Post-Arrest Detention Are Suppressed Unless Attenuated (Overruling People v Manning) Court: Supreme Court of Michigan | Date: July 30, 2026 | Case:...

First Amendment Bars Factfinder Review of Clergy’s Doctrinal “Reasonable and Necessary” Determination Under A.R.S. § 13-3620(A)

Date: Aug 1, 2026

First Amendment Bars Factfinder Review of Clergy’s Doctrinal “Reasonable and Necessary” Determination Under A.R.S. § 13-3620(A) I. Introduction DOE v. THE CORPORATION (Ariz. July 30, 2026) addresses...

Post-Default Conduct Cannot Waive Defective Service or “Unvoid” a Void Entry of Default (Arizona)

Date: Aug 1, 2026

Post-Default Conduct Cannot Waive Defective Service or “Unvoid” a Void Entry of Default (Arizona) Introduction McMahan v. Grasshopper Trans, Inc. (Ariz. July 30, 2026) addresses a recurring...

Labor Law § 240(1) May Reach Falls on Permanent Stairways Used as Work Access (Including Lighting-Based Safety-Device Theories), and “Arising Out Of” Indemnity Is Triggered by Injury Tied to Subcontractor Work

Date: Aug 1, 2026

Labor Law § 240(1) May Reach Falls on Permanent Stairways Used as Work Access (Including Lighting-Based Safety-Device Theories), and “Arising Out Of” Indemnity Is Triggered by Injury Tied to...

COVID Executive-Order Tolling Preserves Motion Deadlines; Fraud and Judiciary Law § 487 Claims Against Adversary Counsel Require Justifiable Reliance and Intent to Deceive

Date: Aug 1, 2026

COVID Executive-Order Tolling Preserves Motion Deadlines; Fraud and Judiciary Law § 487 Claims Against Adversary Counsel Require Justifiable Reliance and Intent to Deceive Introduction In Williams v...

Automatic Surveillance Deletion Without Litigation Notice Bars CPLR 3126 Spoliation Sanctions; Unforeseeable Bar Assault Warrants Summary Judgment

Date: Aug 1, 2026

Automatic Surveillance Deletion Without Litigation Notice Bars CPLR 3126 Spoliation Sanctions; Unforeseeable Bar Assault Warrants Summary Judgment 1. Introduction Toal v DJB Tap, Inc. (2026 NY Slip...

Cannabis Law § 72 School-Setback Is a Statewide Ceiling: Municipalities May Not Expand the Distance or Alter Measurement for Licensed Dispensaries

Date: Aug 1, 2026

Cannabis Law § 72 School-Setback Is a Statewide Ceiling: Municipalities May Not Expand the Distance or Alter Measurement for Licensed Dispensaries 1. Introduction In Matter of 1086 OCR, LLC v Town of...

Nonservice of Protection-Order Hearing Notice and On-the-Record Omissions as Potential MRPC 3.4 and 8.4 Misconduct (Matter of Hilary J. Oitzinger)

Date: Aug 1, 2026

Nonservice of Protection-Order Hearing Notice and On-the-Record Omissions as Potential MRPC 3.4 and 8.4 Misconduct (Matter of Hilary J. Oitzinger) 1. Introduction The provided text is not a merits...

State v. Castillo (2026 UT 26): Abandonment Waives Rule 702 Reliability Objections; Generic “Victim” References and Unpreserved Robbins Claims Do Not Support Reversal

Date: Aug 1, 2026

State v. Castillo (2026 UT 26): Abandonment Waives Rule 702 Reliability Objections; Generic “Victim” References and Unpreserved Robbins Claims Do Not Support Reversal I. Introduction In State v....

Nunez v. State (2026 UT 25) — Rule 65C(h)(3) Is Not a “New-Claim” Gateway: PCRA Amendments After One Year Must Satisfy Rule 15(c) Relation Back

Date: Aug 1, 2026

Rule 65C(h)(3) Is Not a “New-Claim” Gateway: PCRA Amendments After One Year Must Satisfy Rule 15(c) Relation Back I. Introduction In Nunez v. State, 2026 UT 25, the Utah Supreme Court addressed...

Finality Forecloses Later Jurisdiction Challenges to a Prior Appellate Remand; Second Appeal Review Is Limited to Post-Remand Error

Date: Aug 1, 2026

Finality Forecloses Later Jurisdiction Challenges to a Prior Appellate Remand; Second Appeal Review Is Limited to Post-Remand Error Introduction Case: In re J.A.C., 2026 UT 27 (Utah Supreme Court)....

Extraordinary Relief Discretion: Utah Supreme Court May Deny Rule 19 Petitions Without Reaching Constitutional Merits When Relief Is Unlikely to Be Meaningful

Date: Aug 1, 2026

Extraordinary Relief Discretion: Utah Supreme Court May Deny Rule 19 Petitions Without Reaching Constitutional Merits When Relief Is Unlikely to Be Meaningful Introduction Adams v. Hon. Robison, 2026...

Orleans Parish Courts “Subject to Change by Law”: La. Const. art. V, § 32 Displaces art. V, § 15(D)’s Supermajority for Judgeship Reductions

Date: Aug 1, 2026

Orleans Parish Courts “Subject to Change by Law”: La. Const. art. V, § 32 Displaces art. V, § 15(D)’s Supermajority for Judgeship Reductions 1. Introduction In John T. Fuller v. State of Louisiana;...

Gowdy v. University Hospitals Cleveland: Clear Video Can Defeat § 1983 Retaliation/Seizure Claims on the Pleadings and Officers May Briefly Detain Bystanders to Secure an Arrest Scene

Date: Aug 1, 2026

Gowdy v. University Hospitals Cleveland: Clear Video Can Defeat § 1983 Retaliation/Seizure Claims on the Pleadings and Officers May Briefly Detain Bystanders to Secure an Arrest Scene 1. Introduction...

Preponderance of the Evidence Is Constitutionally Sufficient in South Carolina Children’s Code Intervention Proceedings (S.C. Code § 63-7-1650(E))

Date: Aug 1, 2026

Preponderance of the Evidence Is Constitutionally Sufficient in South Carolina Children’s Code Intervention Proceedings (S.C. Code § 63-7-1650(E)) 1. Introduction In SCDSS v. Gerardo Pimienta (S.C....

Confirmed Arbitral Awards Preclude Most Injunction-Undertaking Damages, but Not Fees to Dissolve the Injunction (Nebraska)

Date: Aug 1, 2026

Confirmed Arbitral Awards Preclude Most Injunction-Undertaking Damages, but Not Fees to Dissolve the Injunction (Nebraska) Case: Big Iron Auction Co. v. Harder Capital, 321 Neb. 918 (July 31, 2026)...

Burden-Shifting and Objective Harmless-Error Review for Extraneous Juror Information in Tennessee Civil Jury Trials

Date: Aug 1, 2026

Burden-Shifting and Objective Harmless-Error Review for Extraneous Juror Information in Tennessee Civil Jury Trials I. Introduction In Kendall Collier ex rel. Chayce C. v. Periclis Roussis, M.D....