Casualty Clauses Control Post-Storm Restoration Duties When Lease Provisions Can Be Harmonized (Fifth Circuit, Applying Texas Law) Introduction In 8300 Buckeye Delaware, L.L.C. v. UPS Supply Chain...
Navy v. Sch. Bd. of St. Mary Parish: Interlocutory Orders Are Appealable Under § 1292(a)(1) Only When They Themselves Practically Continue, Modify, or Refuse to Dissolve an Injunction Court: United...
Harmless Exclusion of Appraisal-Award Evidence When Jury Finds No Satisfactory Proof of Loss or Untimely Payment Under La. R.S. § 22:1892 Introduction Talluri v. AIG Property Casualty Company (5th...
Parrott v. International Bank: ERISA § 1132(a)(2) Claims May Be Routed to Arbitration by Plan Amendment, but Representative-Action Waivers Prospectively Waiving Plan-Wide Remedies Are Unenforceable...
Shared-Expectation Rule for “Substantial Vessel Role” Under Doiron (OCSLA/LOAIA Context) Case: In re In the Matter of the Complaint of Aries Marine Corporation, and the Ram XVIII for Exoneration from...
States May Bar Manufacturer Interference with 340B Contract-Pharmacy Delivery Without Federal Preemption; Trade-Group Intervention Requires a Distinct Defense Case: AstraZeneca v. Murrill...
States May Bar Manufacturer “Interference” with 340B Contract-Pharmacy Distribution Without Federal Preemption (and Without Takings/Contracts/Vagueness Violations); Intervention Requires a Distinct...
Canfield v. Collier: Rational-Basis Deference to TDCJ Custody Limits for “Jessica’s Law” Offenders and Strict Comparator Requirements for Class-of-One Claims Introduction In Canfield v. Collier (5th...
State 340B Contract-Pharmacy Anti-Interference Laws Survive Preemption and Constitutional Challenges; State-Party Presumption Defeats Redundant Intervention Case: Pharm Research and Mfr v. Murrill...
Williams v. Bisignano: SSR 17-2p Permits a Bare Step-Three “No Medical Equivalence” Statement When Later Findings Supply the Rationale Introduction In Williams v. Bisignano (5th Cir. Feb. 9, 2026)...
Fifth Circuit: Unadmitted “Applicants for Admission” in the Interior Are “Seeking Admission” and Must Be Detained Without Bond Under 8 U.S.C. § 1225(b)(2)(A) 1. Introduction This consolidated Fifth...
Merritt v. Texas Farm Bureau: No Constructive Overtime Knowledge from Missing Timekeeping System for Autonomous, Commission-Based Workers Court: United States Court of Appeals for the Fifth Circuit...
Unadmitted “Applicants for Admission” Apprehended in the Interior Are “Seeking Admission” and Are Subject to Mandatory No-Bond Detention Under 8 U.S.C. § 1225(b)(2)(A) Case: Buenrostro-Mendez v....
Negative § 233 Deeming Advice Bars FSHCAA Removal, and § 1442’s 30-Day Clock Runs from the Petition When Federal-Officer Grounds Are Apparent Introduction Gonzalez v. El Centro Del Barrio is a Fifth...
“Substance, Not Labels” in Step-Two Severity: Omission of Chronic Pain Syndrome Is Harmless When the ALJ Evaluates Pain and Substantial Evidence Supports the RFC 1. Introduction In Havice v....
Revocation Sentences Cannot Be Reduced via Amendment 821; Criminal History Category Is Fixed at Original Supervision Sentencing Introduction In United States v. Grant (5th Cir. Feb. 6, 2026) (per...
Revocation Sentences Do Not Recalculate Criminal History or Apply Retroactive Amendment 821; § 3583(g) Mandatory Revocation Limits § 3553(a)(2)(A) Challenges Introduction United States v. Grant (5th...
Rule 11(b)(1)(H) Requires Accurate Aggregate Maximum Exposure When Count Grouping Misleads a Defendant About Consecutive Sentencing Case: United States v. Pettit (5th Cir. Feb. 5, 2026) (per curiam)...
Abajian-Salon v. City of San Antonio: Reaffirming McDonnell Douglas at Summary Judgment and Enforcing Appellate Waiver of Unbriefed/Unpleaded Title VII Theories 1. Introduction In Abajian-Salon v....
Qualified Immunity Requires Near-Analogous Deadly-Force Precedent When a Suspect Charges While Appearing Armed I. Introduction In Elizondo v. Hinote (5th Cir. Feb. 5, 2026) (per curiam)...