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

Discovery Motions Toll Nebraska’s Statutory Speedy-Trial Clock Until a Court Order Grants or Denies Them

Date: Aug 1, 2026

Discovery Motions Toll Nebraska’s Statutory Speedy-Trial Clock Until a Court Order Grants or Denies Them 1. Introduction State v. Walker, 321 Neb. 940 (2026), arises from an unusual procedural...

Mandatory On-the-Record Indian Child Inquiry and Presumptive ICWA Treatment Pending Due Diligence (Pa.R.O.C.P. 15.24)

Date: Jul 31, 2026

Mandatory On-the-Record Indian Child Inquiry and Presumptive ICWA Treatment Pending Due Diligence (Pa.R.O.C.P. 15.24) 1. Introduction In this rulemaking Order dated July 29, 2026, the Supreme Court...

Plea-Colloquy Deference: When a Defendant’s Sworn Admissions Defeat a Pre-Sentencing Motion to Withdraw Guilty Pleas Under Rule 32(e)

Date: Jul 31, 2026

Plea-Colloquy Deference: When a Defendant’s Sworn Admissions Defeat a Pre-Sentencing Motion to Withdraw Guilty Pleas Under Rule 32(e) 1. Introduction In State of West Virginia v. Edward Dore Beckett...

Deadly Weapon Enhancements Are Waived When a Mental Health Sentencing Alternative Is Imposed

Date: Jul 31, 2026

Deadly Weapon Enhancements Are Waived When a Mental Health Sentencing Alternative Is Imposed Case: State v. Perrin (Wash. July 30, 2026) Court: Supreme Court of Washington (En Banc) Core Holding:...

University Duty to Control Recognized Fraternities Under Restatement (Second) of Torts § 315(a) to Prevent Foreseeable Hazing and Alcohol Harm

Date: Jul 31, 2026

University Duty to Control Recognized Fraternities Under Restatement (Second) of Torts § 315(a) to Prevent Foreseeable Hazing and Alcohol Harm I. Introduction Martinez v. Wash. State Univ. (Wash....

Hawaiʻi PIP Benefits Require Proof of Prepaid-Plan Comparability; Statutory Definitions Defeat “Ambiguity”

Date: Jul 31, 2026

Hawaiʻi PIP Benefits Require Proof of Prepaid-Plan Comparability; Statutory Definitions Defeat “Ambiguity” I. Introduction Case: In the Matter of the Request for Payment of, Christopher Lawinski,...

Home-Rule Limit on Special Acts: Single-City, Single-Beneficiary Legislation Is Void Without Local Voter Approval (R.I. Const. art. 13, § 4)

Date: Jul 31, 2026

Home-Rule Limit on Special Acts: Single-City, Single-Beneficiary Legislation Is Void Without Local Voter Approval (R.I. Const. art. 13, § 4) 1. Introduction In Myles Standish Associates, LP v. The...

Insurer May Litigate Newly Pleaded Fraud in Declaratory Judgment; Appraisal Is Premature Until Coverage and Timing of Loss Are Proven

Date: Jul 31, 2026

Insurer May Litigate Newly Pleaded Fraud in Declaratory Judgment; Appraisal Is Premature Until Coverage and Timing of Loss Are Proven Introduction In Rhode Island Joint Reinsurance Association v....

People v Haupt: An Uncounseled Suppression Hearing Can Be a “Critical Stage” Triggering Automatic Reversal Absent a Valid MCR 6.005(D) Waiver

Date: Jul 31, 2026

People v Haupt: An Uncounseled Suppression Hearing Can Be a “Critical Stage” Triggering Automatic Reversal Absent a Valid MCR 6.005(D) Waiver Case: People of Michigan v. Alexander James Haupt (No....

Warrant Required for Forensic DNA Testing of an Arrestee’s Effects Held in Jail Custody When Sought for an Unrelated Crime

Date: Jul 31, 2026

Warrant Required for Forensic DNA Testing of an Arrestee’s Effects Held in Jail Custody When Sought for an Unrelated Crime Introduction People of Michigan v. David Henry Serges (Mich Sup Ct, July 30,...

Compelled Psychological Examinations at Michigan Miller Hearings: Permissible if Defense Offers Psychological Expert Evidence, but Admissible Only in Rebuttal

Date: Jul 31, 2026

Compelled Psychological Examinations at Michigan Miller Hearings: Permissible if Defense Offers Psychological Expert Evidence, but Admissible Only in Rebuttal I. Introduction People of Michigan v....

People v Eads: Categorical Ban (and Retroactivity) of 50–75 Year Second-Degree Murder Sentences for Youthful Offenders Under Const 1963, art 1, § 16

Date: Jul 31, 2026

People v Eads: Categorical Ban (and Retroactivity) of 50–75 Year Second-Degree Murder Sentences for Youthful Offenders Under Const 1963, art 1, § 16 1. Introduction People of Michigan v. James...

Mandatory Resentencing When an Inaccurate Guidelines Calculation Produces an Out-of-Range Sentence (Despite a “Same Sentence” Statement)

Date: Jul 31, 2026

Mandatory Resentencing When an Inaccurate Guidelines Calculation Produces an Out-of-Range Sentence (Despite a “Same Sentence” Statement) I. Introduction Case: People of Michigan v. Evan Taylor...

NOI Tolling Applies to the Wrongful-Death Saving Period Under MCL 600.5852 (Overruling Waltz v Wyse)

Date: Jul 31, 2026

NOI Tolling Applies to the Wrongful-Death Saving Period Under MCL 600.5852 (Overruling Waltz v Wyse) Introduction Estate of Maurice Ernest v. Paul W. Brown, Jr., M.D., et al. (Mich. July 29, 2026) is...

HADA Authorizes HOA “Implied-Warranty-Type” Construction-Defect Actions for Common Areas and Member-Owned Units

Date: Jul 31, 2026

HADA Authorizes HOA “Implied-Warranty-Type” Construction-Defect Actions for Common Areas and Member-Owned Units Introduction Gallery Community Association v. K. Hovnanian at Gallery, LLC, et al....

“Masturbation” in Wyoming Child Sexual Exploitation Includes Digital Penetration and Sex-Device Penetration; Unanimity Concerns Defeated by Count-Specific Instructions

Date: Jul 31, 2026

“Masturbation” in Wyoming Child Sexual Exploitation Includes Digital Penetration and Sex-Device Penetration; Unanimity Concerns Defeated by Count-Specific Instructions Introduction In William John...

General Release Bars Unknown Fraud Claims Absent “Separate Fraud”; Capital Contributions Do Not Create Shareholder Fiduciary Duties

Date: Jul 31, 2026

General Release Bars Unknown Fraud Claims Absent “Separate Fraud”; Capital Contributions Do Not Create Shareholder Fiduciary Duties 1. Introduction Crane v. WP Strategic Holdings, LLC (2026 NY Slip...

Village Chief Executive May Unilaterally Agree to Accretion; Unit Clarification Cannot Be Used to Remove an Accreted Title as “Managerial”

Date: Jul 31, 2026

Village Chief Executive May Unilaterally Agree to Accretion; Unit Clarification Cannot Be Used to Remove an Accreted Title as “Managerial” 1. Introduction Matter of Village of Monticello v AFSCME...

Anti-Assignment Clauses Void Unauthorized Transfers Beyond Payment Rights and Bar Pro Se Assignees From Suing on Corporate Contracts

Date: Jul 31, 2026

Anti-Assignment Clauses Void Unauthorized Transfers Beyond Payment Rights and Bar Pro Se Assignees From Suing on Corporate Contracts Introduction Staubs v State of New York (2026 NY Slip Op 04804 [3d...

People v. Barber: Miranda Custody in Prison When Officers Impose “Added Restraint” (Frisk Room/Keep-Lock Questioning)

Date: Jul 31, 2026

People v. Barber: Miranda Custody in Prison When Officers Impose “Added Restraint” (Frisk Room/Keep-Lock Questioning) 1. Introduction People v Barber (2026 NY Slip Op 04796 [3d Dept July 30, 2026])...