CAT “Specific Intent” and Speculation Limits: Harsh Salvadoran Prison Conditions and Prior Police Abuse Do Not Compel Deferral Absent Proof Conditions Are Designed to Torture I. Introduction...
Hardwick v. FAA — Pilot-in-Command Must Independently Verify Registration/Airworthiness; “Administrative” Unairworthiness and Narrow Reasonable-Reliance Defense Support FAA Suspension 1. Introduction...
Disability-Accommodation Notice in Higher Education: Requests Must Be Routed Through the Designated Office; “Open and Obvious” Knowledge Is Narrow for Mental Disabilities I. Introduction Jennifer...
Mandatory “Disaster Premium Pay” Policies Create a Due-Process Property Interest Despite Post-Hoc “Modified Operations” Reframing Case: Murphy v. Beaumont Indep School Dist (5th Cir. Mar. 23, 2026)...
Fifth Circuit Reaffirms § 922(g)(1) Against As-Applied Bruen Challenges Where Predicate Felonies Are Violent, and Enforces the Rule of Orderliness Case: United States v. Williamson (5th Cir. Mar. 23,...
Untimely and Indeterminate Notices of Appeal Defeat Fifth Circuit Jurisdiction Despite Liberal Construction Introduction Crawford v. Perkins (5th Cir. Mar. 20, 2026) arises from Plaintiff–Appellant...
Beltran v. Lockheed Martin: Employer Defeats NDAA Whistleblower Claim by Clear-and-Convincing “Same-Decision” Proof Under the Carr Factors 1. Introduction Parties: Nestor Beltran (employee;...
Section 5 Deceptive-Advertising Claims Are “Private Rights” Requiring Article III Adjudication After SEC v. Jarkesy Introduction In Intuit, Incorporated v. Federal Trade Commission (5th Cir. Mar. 20,...
Enforcing Appellate Waivers After Competency Is Confirmed: “Hard Look” Review of the Ultimate Competency Finding I. Introduction In United States v. Barraza (5th Cir. Mar. 20, 2026) (per curiam)...
Crawford v. Perkins — Untimely and Indeterminate Notices of Appeal Defeat Appellate Jurisdiction Despite Liberal Construction Introduction Crawford v. Perkins (5th Cir. Mar. 20, 2026) arises from...
Counterman Does Not Unequivocally Overrule Doe v. Mckesson: Protest-Leader Negligence Claims with Triable Facts Must Reach a Jury Case: Ford v. Mckesson, No. 24-30494 (5th Cir. Mar. 19, 2026) (Jones,...
United States v. Burger: True-Threats Determinations in Online Role-Play Cannot Be Resolved Pretrial Under Rule 12 on a Disputed or Incomplete Context Record Court: United States Court of Appeals for...
Rule 12 Limits: “True Threats” Under § 875(c) Generally Require a Trial When Context and Recipient Perception Are Disputed Case: United States v. Burger (5th Cir. Mar. 19, 2026) | Court: United...
Rule 12 Cannot Be Used to Pretrial-Dismiss “True Threats” Indictments on Disputed Online Role-Play Context Case: United States v. Burger (5th Cir. Mar. 19, 2026) (per curiam) Court: United States...
Completed Purchase Orders as Severable, Nonexecutory Contracts: Debtor May Retain Related Indemnity Rights Despite Assignment of the Master Supply Agreement Introduction In GuangDong Midea v....
Hrncir v. IRS: Pro Se Appellate Forfeiture—Failure to Brief Standing and Provide Record-Supported Argument Requires Affirmance of a Rule 12(b)(1) Dismissal Introduction In Hrncir v. IRS (5th Cir....
Rahdar v. City of Friendswood: Pleading and Preservation Failures Defeat § 1983 False- and Retaliatory-Arrest Claims Despite Allegations of Harassment Introduction In Rahdar v. City of Friendswood...
United States v. Mendoza: Restitution-Linked Supervised-Release Financial Conditions Require an Actual Restitution Order; Location Monitoring Must Have a Defined Duration Court: United States Court...
Declaratory-Judgment Litigation as an Unequivocal “Formal Denial” Signal for Michigan PIP Tolling; Texas Insurance Code Art. 21.42 Limited to Policies Made in the Course of Texas Business 1....
License-Plate Readers Are Not a Fourth Amendment “Search” When They Provide Only Periodic Public-Road Location Hits; Fifth Circuit Reaffirms § 922(o) Survives Bruen Under Hollis/Wilson Case: United...