D’Oench, Duhme Bars “Tax-Credit-Only” Repayment Defenses and Defeats Post-Default “Manufactured Default” Claims Against FDIC-Asset Assignees 1. Introduction In BY Equities, L.L.C. v. Carver Theater...
“Good Reason” as an Ambiguity Trigger: Discretionary Review Under Anadarko’s Change-of-Control Severance Plan 1. Introduction Miller v. Anadarko Petroleum Corporation Change of Control Severance...
Implicit “Person-to-People” Exchange Triggers U.S.S.G. § 2G2.2(b)(3)(B) in Closed-Access Child-Pornography Chatrooms Introduction In United States v. Lopez (5th Cir. Feb. 26, 2026),...
TCPA § 227(b)(1)(A)(iii): “Prior Express Consent” Includes Oral Consent; Written Consent Not Required for Prerecorded Calls (Even if Telemarketing) 1. Introduction Bradford v. Sovereign Pest Control...
Counterclaim Revival Does Not Resurrect a Void Texas Real-Property Lien: § 16.069 Cannot Overcome § 16.035(d) 1. Introduction Houston Prime Investments, Limited (“HPI”) and Community Loan Servicing,...
Vacated Preliminary Forfeiture Order Preserves Defendant Standing to Appeal Final Forfeiture Orders I. Introduction United States v. Davis (5th Cir. Feb. 24, 2026) arises from Jonathan Dean Davis’s...
Post-Judgment Leave to Amend in the Fifth Circuit: Affirmance on “Ample and Obvious” Rule 15(a) Grounds Despite a Rule 59(e) Framing 1. Introduction In Farmers Texas County Mutual Insurance Company;...
United States v. Lazar: Indictment “Predicate Categories” May Support Multiple RICO Acts; No Due-Process Bar for “Manufactured Jurisdiction”; § 3238 Venue Permitted for Overseas Money-Laundering...
Rule 41(b) Dismissal with Prejudice for Contumacious Pro Se Conduct Despite Unresolved Competency Concerns; Rule 17(c) Protections Not Triggered Absent Adjudicated Incompetence I. Introduction Boudy...
Castille v. Port Arthur ISD: Internal Special-Education Abuse Reporting and On-the-Job CPS Cooperation Are Employee Speech Unprotected by the First Amendment Introduction Parties. Dr. Johnathan...
United States v. Cardenas-Ramirez: Concerted “Car-Swap” Transfers and High-Value Cargo Support Drug-Conspiracy Knowledge; Acquitted Conduct Remains Usable at Sentencing Under Watts (Non-Retroactive §...
Vacatur or Absence of a Preliminary Forfeiture Order Preserves Defendant Standing to Appeal Final Forfeiture Case: United States v. Davis (5th Cir. Feb. 24, 2026) (per curiam) (unpublished) 1....
Traceability Limits Injunctive Standing Against State Officials for Locally Enforced SORNA Obligations 1. Introduction Greenwald v. Murrill (5th Cir. Feb. 23, 2026) (per curiam; not designated for...
Lewis v. Walley: No Clearly Established Fourth Amendment “Search” Rule for Second-Hand Viewing of Cell-Phone Extractions; Qualified Immunity Applies Court: U.S. Court of Appeals for the Fifth Circuit...
Probable Cause Is Not Enough: Warrantless Home-Entry Arrests Require Exigent Circumstances at the Pleading Stage Introduction In Harvey v. Montiel (5th Cir. Feb. 20, 2026) (unpublished), Andrew...
Pre-Implementation Establishment/Free Exercise Challenges to Classroom Ten Commandments Displays Are Unripe Without Concrete Display Context Introduction Roake v. Brumley (en banc) arises from...
Rule 54(d) Copyright-Fee Motions Remain Collateral Despite a “Each Side Bears Its Own Fees” Final Judgment; Premature Fee Cross-Appeals Do Not Divest Jurisdiction; Lodestar/Johnson Findings Required...
Standing at Rule 23 Stage: Courts May Not Resolve Merits-Embedded Damages Disputes to Deny Injury-in-Fact in Overcharge Contract Class Actions I. Introduction Wilson v. Centene Management Company,...
Section 10(e) as a Jurisdictional Bar to Unpreserved Challenges to NLRB “Thryv” Make-Whole Relief Case: Trader Joe's Company v. NLRB Court: U.S. Court of Appeals for the Fifth Circuit Date: February...
Fletcher v. Experian Info Solutions: Appellate Sanctions for AI-Hallucinated Briefing and Lack of Candor Under FRAP 46(c) and Inherent Authority Court United States Court of Appeals for the Fifth...