CAT Relief in the Fifth Circuit: “Acquiescence” Is Not Required When Torture Is Inflicted Under Color of Law I. Introduction Vasquez-Barrera v. Blanche (5th Cir. June 10, 2026) concerns a bisexual...
Service Evasion Justifies Rule 4(m) Extension; Standing/Limitations Arguments Barred by Forfeiture and Preclusion in Texas Home-Equity Foreclosure Introduction In Wilmington Savings Fund Society, FSB...
Fields v. CIR: Fifth Circuit Tightens § 2036(a) Bona Fide Sale Scrutiny for Deathbed FLP Discounts and Affirms “Too Good to Be True” Negligence Penalty Court: United States Court of Appeals for the...
Claim Preclusion Bars Later Constitutional Challenges to a Municipal Repeat Offender Designation When Both Suits Arise from the Same Post-Disaster Code-Enforcement Transaction 1. Introduction In FBCC...
RICO Trade-Secret Theft Pleading: Modus Operandi Allegations and Other Lawsuits Can Support Open-Ended Continuity Case: EnvTech, Incorporated v. Patrick Andrew DeBusk Court: U.S. Court of Appeals for...
SFIP One-Year Suit Limitation Bars Untimely Coverage and Claims-Handling Disputes (Including State Bad-Faith Theories) Against WYO Carriers Case: Reynolds-Stevens v. Bankers Specialty Insurance...
AdvanceMed Audit Notice as Proof of Willfulness and Post-Charge Misconduct as Grounds for Upward Variance in Medicare Hospice Fraud Case: United States v. Akula (5th Cir. June 8, 2026) Court: United...
Body-Camera Video May Control at the Pleading Stage, Supporting Qualified Immunity for Deadly Force Against an Armed, Fleeing Suspect Who Runs Toward Officers I. Introduction In Jenkins v. Inocencio...
Reasonable Mistaken-Identity Deadly Force in an Active-Shooter Scene Does Not Violate the Fourth Amendment; Bodycam Audio Is Not Conclusive of What an Officer Heard Case: Martinez v. Hinojosa (No....
§ 1983 Accrual in Non-Hiring Cases: Limitations Run When Plaintiff Knows of Nonselection and Has Reason to Suspect Causation—Not When Motive Is Confirmed Introduction In Hadnot v. Lufkin Independent...
Church Autonomy Bars Courts from Recharacterizing Religious Polity to Defeat Diversity: LCMS as the “Real Party to the Controversy” Case: Lutheran Church v. Christian, No. 25-50130 (5th Cir. June 4,...
Construction Contractor Treated as a “Vendor” Selling “Services” for Deception-Fraud Coverage Limits 1. Introduction In Blue Compass RV, L.L.C. v. Twin City Fire Insurance Company (5th Cir. June 5,...
Temporal Evidence Required for Constructive Notice Under Texas “Time-Notice” Rule—Employee Proximity and Inspection Policies Alone Do Not Suffice Case: Esteves v. Lowe's Home Centers (No. 25-40663)...
Receivership Stay Orders Are Not Appealable as Injunction Modifications: Fifth Circuit Limits § 1292(a) and Invokes Rule 38 Show-Cause 1. Introduction Case: SEC v. Barton, No. 25-11043 (5th Cir. June...
Implicit Denial of Qualified Immunity: Silent Orders That Let Litigation Proceed Are Immediately Appealable Wertenbroch v. Hardeman Court of Appeals for the Fifth Circuit (June 3, 2026) I....
Louisiana Marijuana Predicates (Including Hemp) Do Not Support Career-Offender Status Under U.S.S.G. § 4B1.1 When Broader Than the CSA 1. Introduction In United States v. Kimmons (5th Cir. June 3,...
IDEA Residency as a Threshold Jurisdictional Bar and “Qualified Individual” Eligibility Requirement; Stay-Put Ends When the Tribunal Lacks Jurisdiction Case: Herbert v. St. James Parish School Bd...
Mandate Rule Clarified: A Remand to Arbitrate Conflicting Awards’ Res Judicata Effects Does Not Bar Entry of an Amended Judgment Confirming the Awards 1. Introduction Sullivan v. Feldman (5th Cir....
Rule 15 Futility Turns on the Viability of the Amended Complaint (Not the Original Plaintiff’s Standing): ChampionX v. AIG Insurance 1. Introduction In ChampionX Corporation v. AIG Insurance Company...
Invited-Error Limits Attempted-Murder Instruction Challenges; Peugh Requires Offense-Date Guidelines When Later Manual Raises the Range Introduction United States v. James (5th Cir. June 2, 2026)...