Qualified Immunity for Constables Executing a Valid Texas Writ of Execution Absent Clearly Established Fourth-Amendment Limits Introduction In Anders v. Rumfield (5th Cir. Mar. 5, 2026) (per curiam)...
Incorporation of Georgia’s Appraisal Procedures Manual Requires Consideration of Economic Obsolescence and Inutility in Bond-for-Title PILOT Valuations I. Introduction Carbo v. Board of Tax Assessors...
Discretionary Comity Limits: No Preclusive Effect for Default Foreign Birth-Certificate Rectifications When Reliability Concerns Suggest Fraud in § 1503(a) Citizenship Actions I. Introduction Esparza...
Kunze v. Baylor: Discretionary Lodestar Adjustments in FLSA Fee Awards, Strict § 1920 Cost Taxation, and No Appellate Fees for Unsuccessful Fee-Only Cross-Appeals Court: United States Court of...
18 U.S.C. § 666 Bribery After Snyder: Quid Pro Quo Required, but No “Official Act” Element I. Introduction United States v. Crisler (5th Cir. Mar. 4, 2026) is a nonprecedential Fifth Circuit decision...
Okorie v. Foxworth: Foreclosure-After-Bankruptcy Claims Barred by Sovereign/Judicial Immunity and the Barton Doctrine; RESPA/FDCPA Inapplicable to Commercial Loans I. Introduction In Okorie v....
Taylor v. Walmart: No Louisiana Merchant Liability Without Evidence of Actual or Constructive Notice; Counsel Error and Missed Deadlines Rarely Merit Extension or Rule 60 Relief 1. Introduction In...
Attorney’s Fees for Breach of a Contractual Duty to Defend Are “Actual Damages,” Not Rule 54 Fees; Texas Choice-of-Law Enforced Despite LOIA Where No Bodily-Injury Indemnity Is Sought Anadarko...
Willfulness Under 18 U.S.C. § 242 May Be Inferred from Use-of-Force Training Violations and Concealment; § 1519 Applies to False Reports Made in Contemplation of Federal Review I. Introduction In...
United States v. Ducksworth: Driver’s Hidden Firearm and Deception Can Help Create Reasonable Suspicion to Frisk a Passenger Court: United States Court of Appeals for the Fifth Circuit Date: March 3,...
Improper Joinder Is Jurisdictional: District Courts Must Dismiss (Not Reach Merits) and Cannot Award Merits-Based Fees Against the Nondiverse Defendant I. Introduction Carver v. Baustert (5th Cir....
McDonald v. FEC: Public Disclosure of Conduit-Reported Small-Dollar Donations, Without Concrete Downstream Harm, Does Not Establish Article III Standing I. Introduction In McDonald v. Federal...
U.S.S.G. § 2L1.1(b)(4) Imposes a Strict-Liability Enhancement for Transporting an Unaccompanied Minor Introduction In United States v. Corona-Montano (5th Cir. Mar. 2, 2026), the Fifth Circuit...
Pietsch v. FMC Technologies: ADA “Direct Limitation” Rule Rejecting Attenuated, Policy-Dependent Theories of Disability Introduction Dakota Pietsch, an FMC Technologies, Incorporated employee with...
RFA § 605(b) Certification Upheld: FDA May Rely on Deeming Rule Cost Baseline for the Final PMTA Rule I. Introduction Kealani Distribution, L.L.C. v. FDA (5th Cir. Feb. 26, 2026) involves a challenge...
Hickson v. St. David’s Healthcare: Disability-Discrimination Liability for Adverse Medical-Treatment Decisions When Denial of Care Is “Solely” Because of Disability 1. Introduction Parties....
Defendant-by-Defendant Standing and Moody-Required Facial-Review in Pre-Enforcement First Amendment Challenges to S.B. 12 Case: Woodlands Pride, Incorporated; Abilene Pride Alliance; Extragrams,...
Battieste v. United States: Mississippi’s Seven-Year Medical-Malpractice “In No Event” Bar Operates as a Statute of Repose in FTCA Suits 1. Introduction Case: Battieste v. United States, No. 25-60111...
Attorney Immunity Shields Entity-Formation and Filing Work; Lanham Act Statutory Damages Require a Registered-Mark Basis and May Implicate a Jury Right Introduction In Lewis Brisbois Bisgaard & Smith...
Qualified Immunity Where an Officer Merely Reviews Images Extracted from a Phone by Another Officer and No “Clearly Established” Law Treats That Review as a Fourth Amendment Search I. Introduction...