Rule 54’s 14-Day Deadline Bars Belated Appellate-Fee Requests, Even After an Appeal Is Affirmed Case: Merchant v. Merchant (5th Cir. June 22, 2026) (per curiam) (not designated for publication)...
Arresting for Refusal to Identify After Detention Ends Lacks Probable Cause (and “Interference” Requires More Than Argument) I. Introduction Comichi v. Pethel (5th Cir. June 23, 2026) arises from a...
Rule 60(b)(1) Cannot Reopen Jurisdictional Findings After the Time to Appeal, or Serve as a Vehicle to Relitigate Admiralty Jurisdiction Introduction Thibodeaux v. Bernhard (5th Cir. June 22, 2026)...
Fifth Circuit Narrows “Benefits-on-Pause” Threat Theory and Reaffirms Limits on Animus Inferences and Election-Order Review I. Introduction Starbucks Corporation petitioned for review of an order of...
No Texas Due-Process Property Interest in Short-Term Leasing; Short-Term Rental Zoning Bans in Residential Districts Survive Rational-Basis Review 1. Introduction Case: Marfil v. City of New...
Acceptance of a Binding Appraisal Award (and Failure to Timely Challenge It) Ratifies the Loss Amount and Bars Further Coverage and Duplicative Tort Claims 1. Introduction In Young v. State Farm Fire...
Revocation Imprisonment Under § 3583(e)(3) Is Capped by Felony Class, Not the Underlying Statutory Maximum—and a Later Revocation Does Not Moot a Prior Revocation Appeal Introduction In United States...
Restitution Under 18 U.S.C. § 2259: Minimal-Indicia Reliability Suffices; Arithmetic Errors Correctable Without Undermining the Award Case: United States v. Matherne (5th Cir. June 18, 2026) (per...
Silencers Are Second Amendment “Arms,” but NFA § 5861(d) Challenges Fail Absent Proof a Shall-Issue Regime Is “Put Toward Abusive Ends” I. Introduction United States v. Comeaux (5th Cir. June 18,...
Ordinary (Not Maximum) Diligence Governs Post-Limitations Service Under Texas Law; Brief Process-Server Delays Usually Create a Fact Issue Introduction Larkins v. S.D.P. Manufacturing (5th Cir. June...
Revocation Imprisonment Under § 3583(e)(3) Is Not Capped by the Underlying Offense’s Statutory Maximum; Successive Revocations Do Not Moot an Earlier Revocation Appeal While Supervised Release...
Unambiguous “Licensed Employee” Contract Language and Sufficient Board Minutes Create a Mississippi School Employee Property Interest Triggering § 37-9-105 Notice-and-Hearing Rights 1. Introduction...
Oral Mediation Settlements Are Enforceable When Material Terms Are Agreed—Later “Standard” Written Terms Are Immaterial Absent an Explicit Condition Precedent I. Introduction In United States v....
Hybrid Salary + Day-Rate Pay Is “Salary-Basis” Under 29 C.F.R. § 541.602(a) When a Predetermined Weekly (or Less Frequent) Guarantee Exists—No § 541.604(b) Reasonable-Relationship Test Case: Guilbeau...
Ex parte Young Requires a Pleaded Enforcement Nexus: Absent Specific Connection to Enforcement, Sovereign Immunity Defeats Federal Jurisdiction Introduction John Gannon, Incorporated v. Texas...
Dental Services Are “Health Care” Under Louisiana’s PPO Act; PPO Act and Network Leasing Act Harmonized Case: Wightman v. Ameritas Life Ins. Corp., No. 24-30775 (5th Cir. June 12, 2026) Court: United...
Mass-Signing Prefilled Medicare Orders: “False Certification” Fraud, Venue Waiver, and Billed-Amount Intended Loss Case: United States v. Young (5th Cir. June 11, 2026) (unpublished) Court: United...
Tropskii v. Blanche: Repeated Voluntary Returns Undermine “Objective Fear,” Conscription-Evasion Punishment Usually Not Persecution, and Pattern-or-Practice Claims Must Be Raised to the IJ 1....
HISA Enforcement Unconstitutional Under Private Nondelegation: Back-End FTC Review and Rulemaking Cannot Cure a Statute’s Unsupervised Private Executive Power Case: Natl Horsemen's Benevolent v....
FECA as a “Healthcare Benefit Program” and Full-Account Forfeiture When Commingling Conceals Fraud Proceeds Introduction In United States v. Nourian (5th Cir. June 10, 2026) (per curiam) (not...