United States v. Ponce: Consent-to-Look at Border Checkpoint Can Ripen into Probable Cause to Open a Concealment Container I. Introduction In United States v. Ponce (5th Cir. Mar. 9, 2026), the Fifth...
Ayestas v. Harris County: New Claims Filed During Rule 59(e) Still “Successive” Unless Within the Judgment; Nonparty Prosecutorial Work-Product Discovery Orders Are Collaterally Appealable Without...
Barber v. Rounds: Kennedy Clearly Establishes That Schools May Not Impose Categorical “Visible-to-Students” Bans on Staff Prayer Outside Official Duties I. Introduction In Barber v. Rounds (5th Cir....
Section 3599 Is Funding Only: Federal Habeas Courts Lack Authority (Absent Proper All Writs Findings) to Override State Restraint Policies for Expert Evaluations Case: Delacruz v. Guerrero (5th Cir....
Fifth Circuit Narrows FCA First-to-File Bar: “Related Actions” Require the Same Fraud Mechanism, Not Just the Same Statutory Overcharging Theory Case: United States of America, ex rel, Maria Del...
Online Membership Contracts and “Continuing Obligations” Can Establish Minimum Contacts for Specific Jurisdiction 1. Introduction In Raiz Federal Credit Union v. Rize Federal Credit Union (5th Cir....
Uniform Unpaid-Leave Religious Accommodations Support Rule 23(b)(3) Class Certification Under Title VII I. Introduction In Sambrano v. United Airlines, Inc. (5th Cir. Mar. 9, 2026), United Airlines...
Savage v. LaSalle Management: Exclusion-of-Evidence Sanction Uses Hamburger Factors Even If Case-Ending; Rule 41(b) Dismissal Upheld After Futile Lesser Sanctions 1. Introduction In Savage v. LaSalle...
Waiver of U.S.S.G. § 3E1.1(b) Objections by Conceding “No Objections” at Sentencing; Rule 36 Remand to Correct “Plea” Clerical Error I. Introduction In United States v. Collier (5th Cir. Mar. 6,...
Rule 16(b) Good-Cause as a Gatekeeper to Amendment—and Waiver for Failure to Raise It Before the Magistrate Judge (Fifth Circuit) I. Introduction Albaugh v. Wind Access Engineering, Incorporated (5th...
Title IX “Deliberate Indifference” in Peer Harassment: “Some Response” (Investigation and Discipline) Defeats Liability Absent a Clearly Unreasonable Non-Remedy 1. Introduction In Bernal v....
FTCA “Line of Duty” Limits: Personal Meal Trips During Temporary Duty Training Are Outside Scope Despite Authorized Government Vehicle Use 1. Introduction Conchas Mesraje v. United States (5th Cir....
FCA Fee-Shifting Clarified: A Single Dispositive Defect (Public-Disclosure/Rule 9(b)) Can Render a Qui Tam “Clearly Frivolous” Under 31 U.S.C. § 3730(d)(4) Introduction Case: United States of...
Open-and-Obvious Cargo-Stow Hazards and Non-Control Safety Oversight Do Not Trigger LHWCA Vessel Liability Case: Renteria v. Grieg Star AS Court: Court of Appeals for the Fifth Circuit Date:...
Unopposed Summary Judgment in § 1983 Jail Medical-Care Cases Requires Record Proof; Pleading Allegations Alone Do Not Create a Fact Dispute 1. Introduction Stewart v. Medical Director (5th Cir. Mar....
Revocation Sentencing After Esteras: Retribution Bar, Breach-of-Trust Permissible, and the “Dominant Factor” Plain-Error Screen (5th Cir.) I. Introduction In United States v. Johnson (5th Cir. Mar....
Deno v. Progressive: Intrastate, Dam-Blocked Reservoirs Are Not “Navigable Waters” for Admiralty Jurisdiction; Regulatory Labels and Consent Decrees Don’t Control 1. Introduction Case: Deno v....
Heck Bars Excessive-Force Claims Inseparable from a Guilty Plea to Assaulting an Officer “Lawfully Discharging” Duties Introduction In Shaw v. Gillen (5th Cir. Mar. 5, 2026) (per curiam)...
Scheduling-Order Enforcement Bars Late Expert Storm-Date Theories and Defeats Coverage for Failure to Prove Loss Within Policy Period 1. Introduction Cutchall v. Chubb Lloyds Insurance Company of...
United States v. Landrum: Bruen-era Second Amendment Uncertainty Does Not Make § 922(g)(1) Void for Vagueness 1. Introduction In United States v. Landrum (5th Cir. Mar. 5, 2026), the Fifth Circuit...