Declaratory Relief in § 1983 Cannot Salvage a Case that Pleads No Federal Rights Violation I. Introduction In Copeland v. Thornton (5th Cir. June 2, 2026) (per curiam) (unpublished), pro se plaintiff...
Mitigation-Cost Standing for Municipal Water Failures, But No Procedural Due Process Claim Where Billing-Dispute Process Ultimately Provides Relief I. Introduction In Jackson v. City of Jackson,...
Dangerousness, Not Location: § 922(g)(1) May Disarm Drug Traffickers Even Inside the Home Case: United States v. Squire (5th Cir. June 2, 2026) | Court: United States Court of Appeals for the Fifth...
Unpreserved § 924(c) “Brandish/Discharge” Instruction Challenges Fail Absent Plain Error When the Charge as a Whole Tracks the Indictment; RICO Continuity Is Presumed Over a Year-Plus Span Despite...
Chavez v. Blanche: Forfeiture of Defective-NTA Objections After Close of Pleadings and Evidentiary Requirements for U-Visa-Based Administrative Closure 1. Introduction In Chavez v. Blanche (5th Cir....
Circumstantial “Mutually Reinforcing Layers” Can Prove the Agreement Element of 18 U.S.C. § 1349 Conspiracy Introduction In United States v. Filline (5th Cir. June 1, 2026), the Court of Appeals for...
“At the Request” Means an Expressed Wish: No Nonowned Auto Coverage When a School Email Merely Organizes Rides 1. Introduction Simmons v. Brotherhood Mutual Insurance Company (5th Cir. June 1, 2026)...
No Per Se Quantitative-Dose Requirement for General Causation in Fifth Circuit Toxic-Tort Cases—But Experts Must Link the Plaintiff’s Exposure to a Specific Causal Agent and the Specific Cancer Case:...
Nonappealability of Mediation-Deferral Orders that Deny Immunity Motions Without Prejudice and Suspend Litigation Burdens (28 U.S.C. § 1291) I. Introduction Lopez v. Ramirez (5th Cir. May 27, 2026)...
Mississippi Banks Owe No Tort Duty to Noncustomers for Third-Party Wire Diversions Absent a Direct Relationship 1. Introduction Gemstone Foods, L.L.C. v. JPMorgan Chase Bank, National Association is...
Attempted Evasion + Unknown Community Ties Can Sustain Pretrial Detention for Flight Risk Under § 3142(g) (Even Amid Alleged Burden-Shifting) 1. Introduction In United States v. Perez-Perez (5th Cir....
High-Speed Flight as “Use of Violence” Bars § 3553(f) Safety-Valve Relief 1. Introduction United States v. Phillips (5th Cir. May 28, 2026) addresses a recurring sentencing question in federal drug...
Waiver of Arbitration by Litigation Conduct: Seeking Merits Dismissal and Litigating Without Reserving Arbitration Forfeits the Right to Compel 1. Introduction In Global Advantech Resources Limited...
Texas Takings Liability for Police-Caused Emergency Destruction, with Post-Reversal Reelection of Remedies (Baker v. City of McKinney) Court: U.S. Court of Appeals for the Fifth Circuit (Per Curiam)...
Reaffirming McDonnell Douglas for Circumstantial Title VII Claims and Rejecting “Motivating Factor” Proof by Generalized “Who Can Say What” Testimony I. Introduction Bassett v. Gray Media Group is a...
CVRA Mandamus Is Limited to Enforcing Enumerated Victims’ Rights, Not Substantive Review of Rule 48 Dismissals Case: Naoise Ryan v. United States (captioned In re Naoise Connolly Ryan; Emily...
CVRA Mandamus Is Limited to Enforcing Enumerated Victims’ Rights, Not Substantive Review of Rule 48(a) Dismissals I. Introduction In re Naoise Connolly Ryan; Emily Chelangat Babu; Joshua Mwazo Babu;...
Restitution Turnover Targeting UTMA/TUTMA Custodial Accounts Requires Notice to the Beneficiary-Minors (Now Adults) Case: United States v. Ayika, No. 25-50587 (5th Cir. May 21, 2026) (per curiam)...
State-Action Immunity Requires Delegated Power: Texas Water Code Monopoly Policy Protects the CCN Holder, Not a Municipality’s Extra-Statutory Veto Case: Megatel Homes, L.L.C.; Cipriani Island Laguna...
“Shifted Science” DNA Reinterpretation Does Not, Without Trial-Stage Materiality, Excuse Procedural Default of Brady/Napue Claims on Federal Habeas 1. Introduction Case: Herod v. Guerrero, No....