Death-Resulting Conduct May Support a Statutory-Max Upward Variance Under §3553(a) After the 2024 §2D1.1 Amendment Commentary on United States v. Horton, No. 24-50938 (5th Cir. Nov. 11, 2025)...
Fifth Circuit Clarifies: Absenteeism Alone Does Not Trigger IDEA Child Find, and Attendance-Based Lack of Instruction Can Defeat Eligibility Introduction In A.P. v. Pearland Independent School...
Credible Testimony Is Not Enough: Fifth Circuit Confirms IJs May Demand Reasonably Obtainable Corroboration for VAWA Cancellation and Enforces Exhaustion of Niz‑Chavez Stop‑Time Claims Introduction...
Additional Straight‑Time Pay Does Not Defeat the HCE Salary‑Basis Test; Magistrate Judges May Tax Costs Under Rule 54(d)(1) Introduction In Descant v. CTCI Americas, No. 25‑40112 (5th Cir. Nov. 6,...
Fifth Circuit Holds Unrebutted, Defendant‑Specific Forfeiture Orders Can Establish the $10,000 Threshold for Aggravated‑Felony Money‑Laundering Determinations Introduction In Dominguez Reyes v....
“Melting Ice Is Not Enough”: Fifth Circuit Refines Creation and Temporal Proof Under Louisiana’s Merchant Liability Act Introduction In Howard v. Brookshire Grocery Company (Super 1 Foods), No....
Reese v. United Petroleum Transports: Fifth Circuit Reaffirms Gonzalez–Caston Factors for Appointing Counsel in Title VII Cases and Enforces Ragas’s Specific-Evidence Requirement on Appeal...
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...
Minimal Independent Review and Summary Notice Suffice for §1154(c) Marriage‑Fraud Denials: Fifth Circuit Affirms USCIS under Tawfik and 8 C.F.R. § 103.2(b)(16) Introduction This unpublished, per...
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...