Younger Abstention Applies to Pennsylvania Usury Enforcement OSCs; Appellate Courts May Affirm Despite Omitted Sprint Threshold Finding When Record Satisfies It 1. Introduction In TMX Finance...
“Fishing-Expedition” Evidence and Disputed Discipline Can Create a Jury Question on Retaliatory Pretext (Cat’s Paw) at Summary Judgment I. Introduction In Phillips v. Enterprise Products Company (5th...
Clear-and-Unequivocal Reliance Disclaimers and “Alarm-Meeting” Accrual for Texas Fraud Claims in Private Placement Investments I. Introduction In Pastrana v. Bestrenewedoil (arising from In the...
Texas Sexual Assault of a Child (Tex. Penal Code § 22.011(a)(2)) Is a SORNA Tier I Predicate Under the Categorical Approach I. Introduction United States v. Quintanilla-Matamoros (5th Cir. Jan. 9,...
Harmless-Error Rule for Conclusory Paragraph C “Marginal Adjustment” Findings When Supported Elsewhere in the ALJ Decision 1. Introduction Laird v. Bisignano (5th Cir. Jan. 8, 2026) is a Social...
§ 2S1.1(a)(1) Applies When Laundered Funds Derive from a Drug-Conspiracy and the Drug Offense Level Can Be Approximated by Converting Cash to Drug Quantity Using Reliable, Wholesale Pricing Case:...
Specific Field Evidence and Reasoned Credibility Findings Sustain RMA “Good Farming Practices” Denials Under APA Review 1. Introduction In Miller v. Federal Crop (5th Cir. Jan. 8, 2026) (per curiam,...
AEDPA Deference Permits (at Least on Habeas Review) a Count-by-Count Speedy-Trial Remedy; Fifth Circuit Issues Rule 47.6 Summary Affirmance and Withdraws Prior Published Opinion Case: Berryman v....
United States v. Johnson: Romantic Partner Presence Alone Does Not Justify a Michigan v. Long Vehicle Protective Sweep 1. Introduction In United States v. Johnson (5th Cir. Jan. 7, 2026), the Fifth...
Perdomo v. City of League City: Body-Camera Video May Defeat Pleadings and Support Qualified Immunity at Rule 12(b)(6) After a Split-Second Takedown 1. Introduction Perdomo v. City of League City,...
Lewis v. Delgado: Brief Handcuffing in a High-Risk Stop Does Not Defeat Qualified Immunity Absent Closely Analogous Clearly Established Law—Even with Alleged Notice of Medical Vulnerability 1....
Pre-Deprivation Notice Required for Rule 11 Sanctions; § 1927 Does Not Reach Initial Pleadings Absent “Multiplying Proceedings” Introduction Fletcher v. Experian Info Solutions (5th Cir. Jan. 6,...
No Clearly Established Supervisory Duty to Oversee Officers on Private Paid Details; Pattern-or-No-Training Required to Defeat Qualified Immunity in § 1983 Supervision/Training/Discipline Claims...
Vacatur-and-Replacement Judgments Reset the Appeal Clock (Not a Rule 60(a) Correction) — Frey v. Health Mgmt Systems I. Introduction Court: United States Court of Appeals for the Fifth Circuit Date:...
Harmless-Error Affirmance Despite § 875(c) Indictment Omitting Subjective Mens Rea When the Record Establishes Recklessness/Knowledge and a “True Threat” in Context I. Introduction Case: United...
Rule 60(b)(5) Vacatur of § 1988 Fees After Jurisdictional Vacatur of Merits Relief (No Separate Fee Appeal Required) Case: Pool v. City of Houston, No. 24-20138 (5th Cir. Jan. 2, 2026) Court: United...
Trahant v. Official Committee: No Appellate Divestiture from a Non-Final Contempt Finding; No Implied Interlocutory Leave under Rule 8004(d); Prophylactic Committee Removal Is Not a Sanction Court:...
Partial Sovereign-Immunity Denials Are Immediately Appealable; Ex parte Young “Enforcement” Turns on Concrete Statutory Duties (Not Referral, Guidance, or Texas AG Criminal-Prosecution Assertions) I....
Quiroz v. Hernandez — Futility of Repleading, No Relation-Back for Newly Added Defendants, and Jurisdictional Bars to Victim Suits Challenging Prosecution Decisions Court: United States Court of...
Partial Sovereign-Immunity Denials Are Immediately Appealable; Ex parte Young Turns on Specific Statutory Enforcement (Not Referrals or General Oversight) Case: OCA-Greater Houston v. Nelson...