Trademark Injunctions Must Be Cabined to Markets of Likely Confusion (No Blanket Ban on a Common Word Mark) Introduction In Trojan Battery Company, L.L.C. v. Golf Carts of Cypress, L.L.C.; Trojan EV,...
Untimely Motions to Reopen: Personal-Circumstance Evidence Is Not “Changed Country Conditions,” and Equitable Tolling Requires a Causal Showing I. Introduction Prado-Majano v. Blanche (5th Cir. May...
United States v. Vacchino: “Sex Offender Conditions” as Ambiguous Incorporation of PSR Special Conditions; Unpronounced Economic-Change Notification Must Be Stricken; Rule 36 Corrects Omitted...
Bonin v. Sabine River Authority: Causation as a Threshold Requirement for Temporary Flooding Takings Claims (and No “Resurrection” of Stricken Expert Evidence) 1. Introduction Parties. More than 700...
Mitchell v. Conroe ISD: Forfeiture on Appeal and “Actual Knowledge” as a Gatekeeping Pleading Requirement in School Harassment and Disability Claims 1. Introduction Mitchell v. Conroe Independent...
FCA § 3730(d)(1): Attorney’s Fees Require a Relator’s Proceeds Share (Fifth Circuit) Case: United States of America, ex rel Bud Conyers v. Kellogg Brown & Root, Incorporated; Kellogg Brown & Root...
Qualified Immunity Requires Fact-Specific Clearly Established Law for Prisoner Excessive-Force Claims Involving Minimal Injury 1. Introduction In Williams v. Voorhies (5th Cir. May 8, 2026) (per...
Hill v. Jackson Offshore Holdings: Unchallenged Delegation Clauses Require Arbitration—and “Without Prejudice” Denials Are Immediately Appealable Under FAA § 16(a) 1. Introduction Parties: Jeremiah...
McDonnell Douglas Remains Binding Despite a Supreme Court Concurrence; Title VII Claims Fail Without Proper Comparators and But-For Pretext Proof I. Introduction Case: White v. North Louisiana...
Plain-Error Shield for Terry Frisks and Career-Offender Predicates: Aggregated Suspicion and “Realistic Probability” in Louisiana Cocaine Cases 1. Introduction In United States v. Young (5th Cir. May...
Norman v. Beaumont ISD — Unpleaded “Context” Cannot Convert a Rule 12(b)(6) Dismissal: Social-Media Critiques of Workplace Leadership Are Not “Public Concern” Without Plausible Allegations 1....
Chapter 7 Debtors Lack Bankruptcy Appellate Standing to Unwind § 363 Sales Absent Surplus/Discharge Impact; § 363(n) Avoidance Is Trustee-Only Introduction In Okorie v. Wells Fargo Bank, N.A. (5th...
Section 705 Stays When FDA Concedes Procedural Deficits: State Standing and the Public Interest Against Unlawful REMS Deregulation Case: State of Louisiana v. FDA (5th Cir. May 1, 2026) (No....
Otis v. Miller (5th Cir. Apr. 30, 2026): Grievances and Conclusory “Notice” Allegations Do Not Plead Personal Knowledge or Deliberate Indifference by Named Prison Officials 1. Introduction Case: Otis...
Disability-Benefits Notice Is Not an Accommodation Request: “Qualified Individual” and Comparator Proof Requirements in Academic Dismissal Challenges Case: Jackson v. Univ of TX SW Medical (5th Cir....
Ambiguous Lack-of-Remorse Remarks Do Not Establish Plain Error in Above-Guidelines Sentencing Introduction In United States v. Rodriguez, the Fifth Circuit affirmed an above-guidelines sentence...
Reverse FCA Liability Requires an Immediate Duty to Pay: No Claim for Unapplied-For Visa Fees or Taxes on Unpaid Wages Introduction In Palmer v. Tata Consulting Services, the Fifth Circuit affirmed...
Terminated Conditional Permanent Residents Cannot Use Prior Five-Year Status to Obtain Cancellation of Removal Introduction In Ghazi v. Blanche, the Fifth Circuit reviewed a petition by Said Ghazi, a...
Post-Termination Appeals Do Not Delay Accrual of a Final Termination-Based § 1983 Substantive Due Process Claim Introduction In Hilts v. City of Port Arthur, the Fifth Circuit affirmed the dismissal...
No LHWCA Vessel Liability Without Evidence of Turnover Knowledge, Active Control, or Actual Knowledge Requiring Intervention Introduction In Quansah v. MSC, the United States Court of Appeals for the...