Strickland Prejudice and Guidelines Miscalculations: No Relief When the Sentencing Court Varied Independently and Says So Case: United States v. Schubert (5th Cir. July 10, 2026) (per curiam,...
Qualified Immunity in Transport-Custody Medical Emergencies: No Clearly Established 2019 Duty to Immediately Secure Aid Upon Observed Unconsciousness I. Introduction Thorpe v. Weaver (5th Cir. July...
Unrelated Prior Representation of a Victim Bank Does Not Require § 455(a) Recusal on Plain-Error Review; Bruton Is Not Triggered by a Co-Defendant Guilty Plea That Only Implicates by Inference 1....
Forfeited Rule 33 Timeliness Preserves FRAP 4(b)(3) Tolling; Separate Notice Required for Post‑Judgment Orders Introduction United States v. Castro (5th Cir. July 10, 2026) arises from the...
PLRA Exhaustion Applies to Post-Release Supervision Revocation Detainees Housed in County Jail; MDOC ARP Required Introduction In Villarreal v. VitalCore (5th Cir. July 9, 2026) (unpublished), the...
Harmless-Error Affirmance in Supervised-Release Revocations When Uncontested Violations Independently Support Revocation Introduction In United States v. Goodwill (5th Cir. July 8, 2026) (per curiam)...
§ 1623(a) Expressly Preempts State Residence-Based In-State Tuition for Unlawfully Present Aliens; Futility Screening Applies to Defense-Side Intervenors Introduction In United States v. State of...
Fifth Circuit: No Duty to Mitigate Title VII Emotional-Distress Compensatory Damages I. Introduction In EEOC v. SkyWest Airlines (5th Cir. July 9, 2026), the Equal Employment Opportunity Commission...
Forfeitable Rule 33 Timeliness Triggers FRAP 4(b)(3) Tolling; Post-Judgment Orders Require a Separate Notice of Appeal Case: United States v. Castro (5th Cir. July 10, 2026) (per curiam, unpublished)...
Crittindon’s DPSC Oversight Rule Applies to Pretrial-Detainee Harm Claims in Parish Jails; Interlocutory Qualified-Immunity Appeals Cannot Revisit Fact Disputes 1. Introduction Murray v. LeBlanc (5th...
Generic Rule 11 Appeal-Rights Advisement Does Not Undo a Written Appeal Waiver; Paroline Restitution Inquiry Need Not Be Algorithmic I. Introduction In United States v. Quintanilla (5th Cir. July 7,...
Standing Requires a Project-Specific Geographic Nexus and Causation in Offshore Environmental Challenges Case: Center for Biological Diversity v. TRA Court: United States Court of Appeals for the...
FTCA Course-and-Scope: Union “Official Time” Duties and Special-Mission Travel Can Create a Jury Question Under Texas Law 1. Introduction In Barrier v. United States (5th Cir. July 7, 2026),...
United States v. Theiler: No Immediate-Disclosure Right for Unanswered Jury Notes; Non-Allen “Keep Deliberating” Response; Circumstantial Proof of AKS-Conspiracy Knowledge I. Introduction Case:...
State “Non-Interference” Protections for 340B Contract Pharmacies Are Not Preempted and Survive Takings, Contracts Clause, and Vagueness Challenges I. Introduction In Pharm Research and Mfr v....
Uncontroverted Drafter-and-Signatory Testimony Can Resolve Contract Ambiguity as a Matter of Law 1. Introduction 20100 Eastex, L.L.C. v. Saltgrass, Incorporated (5th Cir. July 6, 2026) is a Texas...
State 340B Contract-Pharmacy Protection Statutes Survive: No §340B Preemption; No Takings, Contracts Clause, or Vagueness Violation I. Introduction AstraZeneca v. Murrill (consolidated with appeals...
§ 340B’s Silence on Contract-Pharmacy Delivery Leaves Room for State “Non-Interference” Laws (and Such Laws Survive Takings, Contracts Clause, and Vagueness Attacks) 1. Introduction In AbbVie v....
Due Process Requires a Bond Hearing Within 90 Days for Long-Resident “Applicants for Admission” Mandatorily Detained Under 8 U.S.C. § 1225(b)(2)(A) Angel v. Mullin (consolidated with Rodriguez and...
Fifth Circuit: Due Process Requires a Bond Hearing Within 90 Days for Long‑Term Interior Detainees Held Under 8 U.S.C. § 1225(b)(2)(A) Case: Sosnava Rodriguez v. Ortega (consolidated with Villegas...