Pullman Abstention Is Unavailable When a Federal Equal-Protection Claim Does Not Turn on Disputed State-Law Meaning I. Introduction Harward v. City of Austin (5th Cir. Sept. 15, 2026) is a second...
COA Denied When Habeas Theories Are Raised Too Late: Reply-Brief and R&R-Objection Arguments Do Not Create Debatable Issues Without Challenging the Procedural Ruling I. Introduction Ramirez v....
TSCA “Conditions of Use” Rule: No “Whole-Chemical” Risk Determinations and Mandatory Consideration of Real-World PPE in MC Regulation I. Introduction East Fork Enterprises v. EPA (5th Cir. Sept. 15,...
TSCA “Conditions of Use” Require Use-by-Use Risk Determinations and Real-World PPE Assumptions; Precautionary “Whole-Chemical” Bans Demand Substantial Evidence East Fork Enterprises v. EPA (5th Cir....
Fifth Circuit Upholds § 1915(e) Frivolousness Dismissal and a Narrowly Tailored Pre‑Filing Injunction for Serial IFP Attacks on a State‑Court Judgment 1. Introduction Case: ReJoyce Foundation; Rickye...
Unpleaded Burnside and Independent Subrogation Claims Cannot Be Revived by a Pretrial Order in a Maritime Limitation Case 1. Introduction Aries Marine v. American Longshore (5th Cir. Sept. 14, 2026)...
Appellate Forfeiture of New Policy-Ambiguity Arguments After Contrary District-Court Positions Case: Megalomedia v. Philadelphia Indemnity Insurance Company (5th Cir. Sept. 14, 2026) Panel: Ho,...
Pro Se Status and Grief Are Not “Good Cause” Under Rule 4(m): Fifth Circuit Affirms Service-Based Dismissal Even When Limitations Likely Bars Refiling Case: Murphy v. Miller (5th Cir. Sept. 14, 2026)...
Intervention Timeliness Runs from Litigation Signals of Abandonment—Not Political Rhetoric; Intervenors Still Need Appellate Standing to Challenge Vacatur/Remand I. Introduction In Texas v. US Dept...
Fifth Circuit: ADA Does Not Require Indefinite Leave; Title VII Requires “Nearly Identical” Comparators and Pretext Evidence Beyond Timing I. Introduction In Payne v. Hammond City (5th Cir. Sept. 11,...
Louisiana Article 971 Anti-SLAPP Motions Are Unavailable in Federal Court Because They Conflict with Rules 12 and 56 Case: Sahs v. Loyola Univ New Orleans (5th Cir. Sept. 11, 2026) | Panel: Richman,...
Volitional Payments Are Not an “Occurrence”: No Texas CGL Duty to Defend ATA Aiding-and-Abetting Terrorism Claims 1. Introduction Travelers Property Casualty Company of America v. Ericsson (5th Cir....
AIR 21 Review: No Issue-Exhaustion Under 29 C.F.R. § 1979.110(a), and No Vacatur for Unconstitutional ALJ Removal Protections Without Collins Harm 1. Introduction Corr Flight S. v. Dept of Labor (5th...
Post-Decertification § 1926(b) Standing: Traceability Fails Against a Non-Petitioning Municipal Utility District 1. Introduction In Dobbin Plantersville Water Supply Corporation v. Montgomery County...
Upward Variances Cannot Be Based on Hypothetical Guideline Recalculations; Mental-Health Conditions Require Record Support and Findings Case: United States v. Hendrickson (5th Cir. Sept. 10, 2026)...
Police-Pursuit Substantive Due Process Requires “Intent to Harm”; TTCA Claim Must Be Reassessed When Federal Claims Drop Out I. Introduction In Valadez v. City of Jacinto City (5th Cir. Sept. 9,...
Indentation-as-Meaning Rule for Insurance Endorsements: Unindented “to the extent” Qualifiers Apply Across All Subparts Publication status. The Fifth Circuit noted this opinion is “not designated for...
Eleventh-Amendment Dismissals Are Jurisdictional: Sovereign-Immunity Dismissals Must Be Without Prejudice (and Academic Disputes Rarely Become Constitutional Claims) 1. Introduction Eriakha v....
Constructive Knowledge Rejected: Actual Knowledge Required to Knowingly Consent to Magistrate-Judge Jurisdiction When an Undisclosed Close Friendship Exists 1. Introduction Case: IFG Port Holdings,...
Unpublished Fifth Circuit: Under Lindke, a Legislator’s Social-Media Blocking Is Not “State Action” Absent Written Law or Force-of-Law Custom Authorizing Speech for the State I. Introduction Case:...