Payment-Instruction Imposter Losses Turn on “Ordinary Care” Under Texas UCC § 3.404(d); Repeated Purchase Orders Do Not Create an Installment Contract Case: Progressive Laboratories v. Living Fuel...
Partial Mootness in Successive Revocations: Appeals Survive Only for Unpronounced Conditions that Later Trigger Revocation I. Introduction United States v. Kendall (5th Cir. July 2, 2026) addresses a...
Due Process Requires a Bond Hearing Within 90 Days for Long‑Term Resident “Applicants for Admission” Mandatorily Detained Under 8 U.S.C. § 1225(b)(2)(A) 1. Introduction In a consolidated appeal...
Repeated Armed Extortion and Threats Without Physical Harm May Not Compel a Finding of “Past Persecution” Under Substantial-Evidence Review 1. Introduction In Carrasco-Aguilar v. Blanche (5th Cir....
Qualified Immunity in Fourth Amendment Arrest/Force Cases: General Excessive-Force Principles and Unpublished Decisions Do Not “Clearly Establish” Illegality Without Factually Similar, Controlling...
Seventh Amendment Requires a Jury for FDCA/TCA Civil-Penalty Enforcement Against Vape Sellers (Limiting the Public-Rights Exception) Case: Texas Tobacco Barn v. HHS Court: United States Court of...
§ 1782 Protective Orders Must Honor Outside-Counsel-Only Contractual Confidentiality Absent a Definitive Foreign-Law Mandate I. Introduction In Apple Inc. v. Key Patent Innovations (5th Cir. June 30,...
Broad Consequential-Damages Waivers in Texas: Enforceable by Subcontractor Third-Party Beneficiaries and Applicable to Intentional Torts Despite Fraud Allegations I. Introduction In Alta v. General...
Deadly Force in an Active Gunfight: Context, “Knowable Facts,” and Scott Video Review Support Qualified Immunity I. Introduction Tuttle v. Gallegos (5th Cir. June 29, 2026) arises from the January...
U.S.S.G. § 2P1.3(a)(2): “Major Disruption” Means Significant Operational Shutdown—Not Necessarily Violence Case: United States v. Arrieta (5th Cir. June 29, 2026) Court: United States Court of...
Pretext Fact Disputes Defeat Qualified Immunity for Officers Assisting Instanter-Subpoena “Administrative” Searches I. Introduction In Morgan v. Chapman (Court of Appeals for the Fifth Circuit, June...
Spinoff Stock-for-Stock Exchanges Are “Purchases for Value” Under the Securities Act When Legacy Shares Are Cancelled Case: Targgart v. Next Bridge Hydrocarbons (5th Cir. June 26, 2026) (per curiam,...
§ 2L1.1(b)(8)(A) Requires Actual Restraint: “Involuntarily Detained” Means Held Against One’s Will, Not Merely Pressured to Pay I. Introduction In United States v. Aguayo-Galvez (5th Cir. June 25,...
Grant v. Amazon.com: Claim-Splitting Bar and Texas Chapter 21 Preemption Support Dismissal With Prejudice and Denial of Leave to Amend Court: United States Court of Appeals for the Fifth Circuit...
AEDPA Bars First Amendment Habeas Relief for “Satanism” Sentencing Evidence Absent Clearly Established Supreme Court Limits on Relevance I. Introduction Davis v. Guerrero (5th Cir. June 25, 2026) is...
Undefined “Personal, Impertinent, or Slanderous” Public-Comment Bans Are Facially Overbroad, Vague, and Viewpoint Discriminatory in City Council Meetings I. Introduction In Merriott v. City of...
Rule 60(b)(4) Personal-Jurisdiction/Service Challenges Are Forfeited on Appeal if Not Raised in the Rule 60(b) Motion I. Introduction Roberts v. KJ Win, Incorporated arises from a December 2021...
FDA’s “Comparative-Efficacy” Test for Non-Tobacco-Flavored E-Cigarettes Is an APPH Adjudicatory Method, Not a § 387g Tobacco Product Standard I. Introduction In VDX Distro v. FDA (5th Cir. June 24,...
Unsafe-Distance High-Velocity Pepper Spray to a Restrained Detainee Violates Clearly Established Fourth Amendment Law 1. Introduction Sanchez v. Nunemaker (5th Cir. June 23, 2026) arises from a...
United States v. Long: Separate-Case Informant Perjury Is Not Brady-Material When the Verdict Is Strongly Corroborated I. Introduction In United States v. Long (5th Cir. June 23, 2026) (per curiam)...