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Benefits Determinations Disguised as FTCA Medical Negligence Are Jurisdictionally Barred: The Fifth Circuit’s Reaffirmation in Smart v. United States Introduction In Smart v. United States, No....
Moody’s Comparative Facial-Challenge Framework Governs: Fifth Circuit Vacates Drag-Show Injunction and Limits Standing to AG’s Enforcement of S.B. 12 Section One Introduction In Woodlands Pride v....
Open‑Court Compromise in a Possessory Action Bars Later Petitory Action: Fifth Circuit Affirms Res Judicata Effect of Settlement Resolving “Possession and Ownership” Introduction In Coupel v. Kfoury,...
Continuous-Encounter Excessive-Force Analysis After Barnes: Fifth Circuit Emphasizes Video Evidence and Prior Resistance in Qualified Immunity Introduction In Johnson v. Smith, No. 24-30791 (5th Cir....
Nonpayment Does Not Strip FLSA Exempt Status; At‑Will Employment Supports Texas Breach Claims; Quasi‑Contract Remedies Can Be Pleaded in the Alternative Introduction This commentary analyzes the...
Eleventh Amendment Dismissals Must Be Without Prejudice; Conclusory Pleadings Cannot Sustain Claims Against State Officials — Commentary on Preziosi v. Louisiana DCFS (5th Cir. 2025) Introduction In...
Equitable Tolling After State-Court Vacatur: Fifth Circuit Clarifies That Petitioners Must Show Specific, Pre‑Vacatur Diligence to Reopen Removal Proceedings Introduction In Rosa Arevalo v. Bondi,...
Equitable Tolling Demands Documented, Pre-Discovery Diligence—Vacated Conviction Alone Does Not Excuse a 19-Year Delay Commentary on Rosa Arevalo v. Bondi (5th Cir. Nov. 5, 2025) Introduction In Rosa...
The No‑Loss Rule for Form Violations at Summary Judgment: Fifth Circuit Limits Enforcement of Judge‑Specific Footnote Citation Bans Introduction In Washington v. Edwards Lifesciences, No. 25-10357...
Fork-in-the-Road under Revised La. C.C.P. art. 3653: Courts Must Choose Between Paragraph (A)(1) and (A)(2) Based on Defendant’s Possession — Commentary on Winans v. McKay (5th Cir. 2025)...
No Waiver-by-Procedural Skirmish; Comparator Facts Required: Fifth Circuit Reaffirms Removal Waiver Standard and Tightens Pleading for Gender-Based Monell Claims in Domestic-Violence Policing...
No Clearly Established Brady Duty for Lab Technicians in the Early 1980s; Successive Photo Arrays Not Per Se Unconstitutional: The Fifth Circuit’s Qualified Immunity Roadmap in Williams v. City of...
Legislative Privilege Is Personal: Fifth Circuit Dismisses Appeal and Clarifies Conjunctive Test for Non‑Party Appellate Standing Introduction In Arnold v. Barbers Hill Independent School District,...
When Rule 15, Not Rule 16, Governs Leave to Amend—and Why IRF Preadmission “Process” Allegations Don’t State FCA Fraud: Commentary on Gentry v. Encompass Health Introduction This Fifth Circuit...
Post-Termination Return Trumps Qualified Persons: Fifth Circuit Clarifies Protective Orders Permit Return of Protected Information to the Producing Party’s Counsel Introduction This consolidated...
Specific Post‑Termination Return Clauses Control: Fifth Circuit Clarifies That Protective Orders Do Not Bar Returning Protected Material to the Producing Party Introduction In Ocwen Loan Servicing,...
Disclaimers Don’t Cure a Breach: Fifth Circuit Holds That Prosecutorial Advocacy for an Above‑Guidelines Sentence Violates a Plea Agreement Even Without a Formal Variance Request Introduction In...
Presentment Is Jurisdictional and Dismissal Must Be Without Prejudice: The Fifth Circuit’s FTCA Clarification and Strict Limitations Enforcement in Williams v. United States Introduction In Williams...
Fifth Circuit Limits NLRB Remedies to Equitable Relief Under NLRA §10(c), Rejecting Thryv’s “Foreseeable Harms” Damages Introduction In Hiran Management v. NLRB, the U.S. Court of Appeals for the...