Grades Are Not Dispositive Under IDEA: Separate Core Instruction Permitted When Extensive Supports Still Fail to Deliver Meaningful Progress in the Least Restrictive Environment 1. Introduction W.H....
Benefit “Not Guaranteed” Statements as Unlawful Reprisal Threats, While General Union Awareness Does Not Establish Surveillance (5th Cir. 2026) Case: Starbucks v. NLRB (No. 24-60653) | Court: U.S....
Judicial Notice of Post-Appeal Related Bankruptcy Filings for Jurisdiction; Unconditional Guarantors Receive § 509(a) Statutory Subrogation to the Extent Paid Introduction In Whitestone Uptown Tower,...
Okene v. Blanche: Substantial-Evidence Review for INA § 240A Hardship and VAWA Battery/Extreme-Cruelty Determinations 1. Introduction In Okene v. Blanche (5th Cir. Sept. 4, 2026), Wilberforce Okene,...
Direct-Sales Bans Survive Rational-Basis Review as Applied to Non‑Franchising EV Manufacturers Under Fifth Circuit Precedent Case: Lucid Group USA v. Johnston (5th Cir. Sept. 4, 2026) | Court: United...
Post-Hunter I: Appeal Waivers Yield Only to Obvious, Egregious Error—Debatable § 922(g)(3) Constitutional Claims Remain Waived I. Introduction United States v. Nyandoro (5th Cir. Sept. 4, 2026)...
Limits on NLRB Coercion Findings and Remedies—No Consequential Damages; No “Impossible” Reopening; Gissel Bargaining Order and Notice-Reading Sustained Introduction In Starbucks Corporation v....
Summary Judgment Reversible Error: District Courts Must Analyze Self-Interested Testimony on Insurable Interest and Explain Their Reasons 1. Introduction Case: Marbury v. United National Insurance...
Mississippi Nonjudicial Foreclosure: Clerk-Signed Courthouse Posting Evidence and No Statutory Duty to Accept Partial Reinstatement Payments Under § 89-1-59 I. Introduction In Snell v. 21st Mortgage...
Sterling v. City of Jackson: No Substantive Due Process Right to Contaminant-Free Municipal Water or Truthful Official Assurances About Water Safety Introduction In Sterling v. City of Jackson (5th...
Home Invasion as a “Dangerousness” Predicate Upholding 18 U.S.C. § 922(g)(1) After Hembree 1. Introduction In United States v. Lewis (5th Cir. Sept. 4, 2026) (per curiam) (unpublished), the Fifth...
Constructive “Application for Admission” After Unlawful Entry Validates Expedited Removal as a § 1326 Predicate (Fifth Circuit) 1. Introduction In United States v. Escobedo-Gomez (5th Cir. Sept. 3,...
FLSA Salary-Basis Rule: Comp-Time and Hypothetical Docking Do Not Defeat Exempt Status Absent an Actual Pay-Reduction Practice Moreau v. Harris County (5th Cir. Sept. 3, 2026) — No. 25-20045 1....
Separate-Contract Endorsements Bar Convention Arbitration Against Domestic Insurers, but Related Domestic Litigation May Be Stayed Pending Foreign-Insurer Arbitration Case: Transportation...
Rule 39(b) “Strong and Compelling Reasons” Standard: Eleventh-Hour Conversion of a Scheduled Jury Trial to a Bench Trial Is an Abuse of Discretion When the Parties Had Clear Notice of a Jury Request...
Channeling Coast Guard S&R Challenges to the NTSB Review Scheme While Treating Raise-of-Grade Denials as Independently Reviewable Final Agency Action 1. Introduction Mullen v. Mullin (5th Cir. Sept....
Post-Floyd Indivisibility of Texas Robbery Eliminates Garrett Harmlessness for Johnson ACCA Residual-Clause Errors I. Introduction In United States v. Senegal (5th Cir. Aug. 31, 2026) (not designated...
Hybrid Weekly Salary + Day-Rate Plans Fall Under 29 C.F.R. § 541.602(a), and Equitable Tolling After FLSA Decertification Is Not Automatic 1. Introduction In Boudreaux v. Schlumberger TechCourt (5th...
Stipulating to SORNA Tier III Invites Error Reviewable Only for Manifest Injustice; Forced-Medication Conditions Are Unripe Absent an Actual Prescription 1. Introduction United States v. Dominguez...
Post-Decision Supreme Court Authority Cannot “Clearly Establish” Prior Conduct for Qualified Immunity (and Conclusory Monell Pleading Fails Under Twombly) Case: Smith v. Locker, No. 25-50862 (5th...