No Fourth Amendment “Seizure” or Fourteenth Amendment Medical-Care Duty in Voluntary Police-Cadet Training Absent Willful Restraint or Custody Introduction In Kennedy v. City of Arlington, Texas (5th...
Fifth Circuit: Under Plain-Error Review, Sentencing Misstatements Require a Showing They “Loomed Large” and Likely Changed the Sentence I. Introduction In United States v. Lopez-Soria (5th Cir. Feb....
Co-Owner Standing Under § 523(a)(4) for Embezzled Company Funds and Contract Ambiguity Where a Referenced Exhibit Is Missing Case: DiBassie v. Reeves (In the Matter of Michele Anita DiBassie, Debtor)...
Fifth Circuit: “Available on Request” Bunker Terms Can Incorporate a U.S. Maritime-Lien Clause, and a Brokered Bunker Purchase Can Still Support a CIMLA Lien via Apparent Authority (Ken Lucky...
Dentons v. Stairway Legacy Assets: Inadequate Appellate Briefing Forfeits Third-Party-Beneficiary Claims to Settlement Proceeds Introduction In Dentons US L.L.P.; Wilson, Robertson & VanDeventer P.C....
Rule 15 “Relation Back” Cannot Salvage Successive Suits; Rule 60 Fraud Relief Is Time-Limited and “Fraud on the Court” Is Reserved for Egregious Misconduct Introduction In Farooq v. Bolt (5th Cir....
Harvard Maintenance v. NLRB: The Fifth Circuit Bars NLRB “Direct or Foreseeable Pecuniary Harms” Consequential-Damages Awards as Ultra Vires Legal Relief I. Introduction Petitioner: Harvard...
Burris v. Wilmington Savings Fund: Res Judicata Bars Serial Foreclosure Challenges and All Writs Act Supports Narrow Prefiling Injunctions Reaching State Courts Court: Court of Appeals for the Fifth...
Renewal Policies Are Separate Contracts: Coverage Must Be Proven Within the Pled Policy Period to Preserve Texas Extra-Contractual Insurance Claims Introduction In H5R, L.L.C. v. Scottsdale Insurance...
Louisiana Public-Contract Policy Can Defeat a Forum-Selection Clause Under Federal Enforceability Standards, Limiting Mandamus-Based Transfer Relief Case: In re TruBridge, Incorporated (5th Cir. Jan....
Academic Medical-School Dismissals: Minimal Horowitz Process, Ewing “Beyond the Pale” Substantive Review, and Waiver of Unbriefed Title VI Issues 1. Introduction In Gilani v. UTSW Medical Center (5th...
Coram Nobis Targets the Conviction—Restitution Falls Only If the Conviction Is Vacated, But Unjustified Delay Bars Relief I. Introduction In United States v. Lockhart (5th Cir. Jan. 29, 2026), Eugene...
Retroactive BIS Export Licensing Can Cure a “Maintain Licenses” Breach; No Per Se Incurable or Material Breach Rule Under Texas Law for EAR-Related Violations Introduction Cyanco International,...
United States v. Davalos: Probable Cause Plus Exigency Permits Warrantless Vehicle Search in an Unfenced Driveway Following an Immediate Traffic Stop 1. Introduction In United States v. Davalos (5th...
Qualified Immunity Where a Pretrial Detainee Alleges Body-Weight Force to the Legs During Active Resistance: No Clearly Established Fourteenth Amendment Violation Introduction Lewis v. Grant (5th...
Post-2023 USSG §1B1.13 Is Binding in Prisoner-Filed Compassionate Release Motions; Misstated Records and Unaddressed Arguments Require Vacatur I. Introduction In United States v. Hernandez (5th Cir....
Pearson v. Guerrero — Prior Victimization Alone Does Not Trigger “Implied Juror Bias” on AEDPA/Strickland Review 1. Introduction Pearson v. Guerrero (5th Cir. Jan. 28, 2026) arises from Donnie Ray...
Plain-Error Limits on Challenging an Under-Explained Major Upward Variance, and Permissible Reliance on a Resulting Death Under § 3553(a) I. Introduction In United States v. Horton (5th Cir. Jan. 28,...
Post-Ruan § 841 Instructions in the Fifth Circuit: No Separate “Good Faith” Charge Required When Mens Rea Is Tied to Unauthorized Prescribing I. Introduction In United States v. Mendez (5th Cir. Jan....
Eurings v. Tucker: Dismissal for Failure to Prosecute Cannot Rest on Plaintiff’s Failure to “Obtain Responsive Pleadings” from an Unresponsive Defendant Court: United States Court of Appeals for the...