PHMSA May Not Use MAOP Calculation Rules as Backdoor Recordkeeping Requirements; “Consider” Duties in Integrity Management Do Not Mandate a Specific ILI Tool I. Introduction In Florida Gas...
Vehicular-Evasion Felony as a Second Amendment “Dangerousness” Marker for As-Applied § 922(g)(1) Challenges Case: United States v. Cordova (5th Cir. May 20, 2026) Court: United States Court of...
Renewed Homeowners Policies Are Separate Contracts: “Continuous Coverage” Does Not Excuse Proving a Covered Time of Loss I. Introduction Thompson v. State Farm Lloyds (5th Cir. May 20, 2026)...
Pattern-and-Surveillance Circumstantial Proof Sustains § 1365 Tampering and § 331(k) Drug-Adulteration Convictions; Graphic 404(b) Death Evidence Deemed Harmless with Limiting Instructions Case:...
Passport Denials Trigger § 1503(a)’s Five-Year Clock and Bar APA/Mandamus Nationality Workarounds I. Introduction In Cortez v. Rubio (5th Cir. May 18, 2026), Hector Xavier Cortez sued the Secretary...
Morris v. United States: Negligent Undertaking Claims Survive FTCA Misrepresentation and Discretionary-Function Bars When the Gravamen Is Failure to Act After Undertaking Protective Steps Court:...
EFTA “Notice of Error” Must Be Pleaded with Statutory Specificity; “Best Case” Dismissal and Prefiling Injunction Affirmed 1. Introduction In Reyna v. Block (5th Cir. May 18, 2026) (per curiam)...
Roberson v. DeAnda: Probable Cause for “Interference” When a Bystander Refuses to Step Aside and Disrupts an Investigation; Resistance Independently Supplies Probable Cause; Undeveloped Property...
Proof of “Actual Use” and “Active Facilitation” Required: Narrowing NDA and Knowing-Participation Liability After a Failed Merger Case: Providence Title Company v. Truly Title, Incorporated; Kim...
Qualified Immunity in Suicidal-and-Armed Welfare Checks Requires Closely Analogous Precedent; Unbriefed Monell Grounds Are Forfeited I. Introduction Johnson v. Salter (5th Cir. May 15, 2026) arises...
Texas Aggravated Robbery with a Deadly Weapon Qualifies as an INA “Theft Offense” Aggravated Felony for § 1326(b)(2) Sentencing, Even Amid Divisibility Disputes Case: United States v. Flores-Soto...
Texas Aggravated Robbery as an “Aggravated Felony” Theft Offense Under 8 U.S.C. § 1101(a)(43)(G) for § 1326(b)(2) Sentencing (Plain-Error Review) 1. Introduction In United States v. Soto...
Moreau v. White: Hague Return Orders Cannot Command Foreign Courts, and Judicial Estoppel Is Not an Extra-Treaty Bar to Mandatory Return I. Introduction Parties: Sarah S.C. Moreau...
Moreau v. White: No Extra‑Treaty Judicial Estoppel in Hague Returns; No Federal “Command” to Foreign Custody Courts Court: United States Court of Appeals for the Fifth Circuit Date: May 15, 2026...
United States v. Kuyoro: Limiting Indictment Dismissals for Mid‑Trial Discovery Lapses—No Brady “Suppression” Without Prejudice, Rule 16 Sanctions Must Follow Garrett, and Supervisory-Power Dismissal...
FAA-Regulatory Noncompliance as Evidence of a Montreal Convention “Accident”; Internal Policy Deviations and Imperfect Medical Response Usually Insufficient Introduction In Arzu v. American Airlines...
No FMLA Prejudice for Interference/Notice When Legitimately Terminated Before Leave Begins (and “Leave” Remarks Aren’t Direct Pregnancy-Bias Evidence) Introduction In Moreno v. Dealer Integrated...
WARN Act “Single Employer” De Facto Control in the Fifth Circuit Requires Proof of Specific Direction to Order the Plant Closing Introduction Fleming v. Black Diamond Capital Management L.L.C. (5th...
COVID-Era Telework Does Not Redefine “Essential Functions”: Contractor Telework Denials and ADA Prima Facie Failures Case: Hayes v. GStek, Incorporated (5th Cir. May 8, 2026) | Court: United States...
FTCA Customs-Duty Exception Bars Border-Checkpoint Intentional Torts Despite Law-Enforcement Proviso; Sua Sponte Bivens Dismissal Without Prejudice Permitted I. Introduction Allyn-Feuer v. Doe (5th...