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

Reconsidering Youngblood Under Michigan’s Due Process Clause for Destroyed Police Interview Recordings

Date: Sep 22, 2026

Reconsidering Youngblood Under Michigan’s Due Process Clause for Destroyed Police Interview Recordings 1. Introduction People of Michigan v. Dangelo Ladonn McWilliams (Mich Sup Ct, Sept 17, 2026)...

Third-Country Removals Require Effective Notice and a Meaningful Opportunity to Raise Fear-Based Claims (and APA Vacatur/Declaratory Relief Survive INA § 1252(f)(1))

Date: Sep 22, 2026

Third-Country Removals Require Effective Notice and a Meaningful Opportunity to Raise Fear-Based Claims (and APA Vacatur/Declaratory Relief Survive INA § 1252(f)(1)) Case: D.V.D. v. U.S. Department...

FIFRA Stop-Sale Orders: Unsubstantiated “Device” or “Treated Article” Exemption Claims Do Not Defeat EPA’s “Reason to Believe”

Date: Sep 22, 2026

FIFRA Stop-Sale Orders: Unsubstantiated “Device” or “Treated Article” Exemption Claims Do Not Defeat EPA’s “Reason to Believe” Case: Berkey International, LLC v. U.S. Environmental Protection Agency...

Abraham v. Arizona Board of Regents: De Novo Review, Post-Request Destruction as Denial, and “Substantially Prevailed” Measured Across the Entire Public-Records Dispute

Date: Sep 22, 2026

Abraham v. Arizona Board of Regents: De Novo Review, Post-Request Destruction as Denial, and “Substantially Prevailed” Measured Across the Entire Public-Records Dispute I. Introduction Parties: Dr....

United States v. Davis: Show-Up Identifications Are Not “Unduly Suggestive” Absent Police Aggravation; Context Matters for Allegedly Coaching Instructions

Date: Sep 20, 2026

Show-Up Identifications Are Not “Unduly Suggestive” Absent Police Aggravation; Context Controls Whether Officers “Coached” an Identification Case: United States v. Leonon Ricky Davis (11th Cir. Sept....

Seventh Circuit Tightens § 10(j): No Presumed Irreparable Harm; Specific, Employee-Rights-Focused Proof Required (and Delay Undercuts Relief)

Date: Sep 20, 2026

Seventh Circuit Tightens § 10(j): No Presumed Irreparable Harm; Specific, Employee-Rights-Focused Proof Required (and Delay Undercuts Relief) Case: Angie Cowan Hamada v. Laborforce, LLC, No. 25-3110...

Willful Discovery Noncompliance Warrants Dismissal with Prejudice Under Rules 41(b) and 37—Even for Pro Se Litigants After Clear Warnings

Date: Sep 20, 2026

Willful Discovery Noncompliance Warrants Dismissal with Prejudice Under Rules 41(b) and 37—Even for Pro Se Litigants After Clear Warnings 1. Introduction In Paula Willis v. Lockheed Martin...

U.S.S.G. § 2K2.1(b)(4)(B)(i) After the 2024 Amendment: A Scratched-but-Legible Serial Number Does Not Trigger the Enhancement

Date: Sep 20, 2026

U.S.S.G. § 2K2.1(b)(4)(B)(i) After the 2024 Amendment: A Scratched-but-Legible Serial Number Does Not Trigger the Enhancement I. Introduction United States v. Eddie Flournah, Jr. (11th Cir. Sept. 18,...

Under Amended U.S.S.G. § 2K2.1(b)(4)(B)(i), a Scratched-but-Legible Serial Number Does Not Trigger the Enhancement; Government Must Prove Illegibility to the Unaided Eye

Date: Sep 20, 2026

Under Amended U.S.S.G. § 2K2.1(b)(4)(B)(i), a Scratched-but-Legible Serial Number Does Not Trigger the Enhancement; Government Must Prove Illegibility to the Unaided Eye Introduction In United States...

O'Bryant v. DCPP: Child-Welfare Caseworkers May Not Coerce Warrantless Home Entry Absent Exigency; Temporary Child Removal Without Pre-Removal Judicial Authorization Violates Procedural Due Process Absent Imminent Harm (Though Not Clearly Established in 2017)

Date: Sep 20, 2026

O'Bryant v. DCPP: Child-Welfare Caseworkers May Not Coerce Warrantless Home Entry Absent Exigency; Temporary Child Removal Without Pre-Removal Judicial Authorization Violates Procedural Due Process...

Davison v. Bisignano: § 405(g) Exhaustion Must Be Pleaded in the Complaint; Objections and Inadequate Appellate Briefing Cannot Cure Jurisdictional Defects

Date: Sep 19, 2026

Davison v. Bisignano: § 405(g) Exhaustion Must Be Pleaded in the Complaint; Objections and Inadequate Appellate Briefing Cannot Cure Jurisdictional Defects Introduction In Davison v. Bisignano (10th...

Buggs v. McNulty: No Fourth Amendment Claim When a Visitor Remains on School Property After Being Told to Leave

Date: Sep 19, 2026

Buggs v. McNulty: No Fourth Amendment Claim When a Visitor Remains on School Property After Being Told to Leave Introduction In Robert Buggs v. Paige McNulty and Gary Community School Corporation...

MPPAA Rule: Prior Partial-Withdrawal Credit Applies After Full § 1381(b) Calculation (Including the § 1399 20-Year Cap)

Date: Sep 19, 2026

MPPAA Rule: Prior Partial-Withdrawal Credit Applies After Full § 1381(b) Calculation (Including the § 1399 20-Year Cap) I. Introduction In Central States, Southeast and Southwest Areas Pension Fund...

Partial-Withdrawal Credit Applies After Full § 1381 Calculation, Including the 20-Year Cap

Date: Sep 19, 2026

Partial-Withdrawal Credit Applies After Full § 1381 Calculation, Including the 20-Year Cap Case: Consumers Concrete Corp. v. Central States, Southeast and Southwest Areas Pension Fund Court: Seventh...

CyberTip-Based Warrants and the Leon Good-Faith Exception: NCMEC Reliability as “Indicia of Probable Cause”

Date: Sep 19, 2026

CyberTip-Based Warrants and the Leon Good-Faith Exception: NCMEC Reliability as “Indicia of Probable Cause” Case: United States v. Kevan Carter Gibbs, II (11th Cir. Sept. 17, 2026) 1. Introduction In...

Revocation Sentences May Run Consecutively to Related State Time Without Full “Credit” — Eleventh Circuit Affirms Within-Discretion Deterrence Focus

Date: Sep 19, 2026

Revocation Sentences May Run Consecutively to Related State Time Without Full “Credit” — Eleventh Circuit Affirms Within-Discretion Deterrence Focus 1. Introduction In United States v. Robert Lee...

Prison Mailbox Rule Bars Rule 41(b) Dismissal for “Failure to File” When an Amended Complaint Was Signed and Delivered for Mailing Before the Dismissal Order

Date: Sep 19, 2026

Prison Mailbox Rule Bars Rule 41(b) Dismissal for “Failure to File” When an Amended Complaint Was Signed and Delivered for Mailing Before the Dismissal Order 1. Introduction In Shaun Stewart v. Ried...

Discretion to Hear Untimely Criminal Appeals When the Government Does Not Object (and Reaffirmation of “Intent + Substantial Step” for Attempt)

Date: Sep 19, 2026

Discretion to Hear Untimely Criminal Appeals When the Government Does Not Object (and Reaffirmation of “Intent + Substantial Step” for Attempt) Case: United States v. Shaquile Newson (consolidated...

Waiver by Conduct of a Parent’s Statutory and Due-Process Right to Appointed Counsel in South Dakota Termination Proceedings

Date: Sep 19, 2026

Waiver by Conduct of a Parent’s Statutory and Due-Process Right to Appointed Counsel in South Dakota Termination Proceedings Introduction Interest of P.R.M., 2026 S.D. 47, is a South Dakota Supreme...

Harmless-Error Affirmance of Disputed Guideline Adjustments When the District Court Announces an Identical Alternative Sentence

Date: Sep 19, 2026

Harmless-Error Affirmance of Disputed Guideline Adjustments When the District Court Announces an Identical Alternative Sentence Case: United States v. George Willie Hughley (11th Cir. Sept. 17, 2026)...