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...
Prudential Ripeness for Permit-Cap Takings and Plat-Designated Greenbelts Outside Texas Strips-and-Gores: Legacy Housing v. City of Horseshoe Bay Introduction In Legacy Housing Corporation v. City of...
No Standalone “Chilled-Speech” Claim: Fifth Circuit Reaffirms Adverse-Action Requirement for First Amendment Employment Retaliation and Recognizes Pre‑Enforcement Standing for Alleged Unwritten...
Meaningful Access, Not Physical Access: Fifth Circuit Upholds Courthouse Restrictions, Declines Bivens Expansion, and Rejects ADA Title II Claims Against Federal Courts Case: Garces v. Biery, No....
Stays Do Not Suspend Compliance: Fifth Circuit Affirms Dismissal With Prejudice and Rejects PACER/Pro Se Excuses as “Excusable Neglect” Introduction In Miller v. Ohio Security Insurance, No. 24-30740...
Adoption-by-Reference After Diggles: Rule 32 Verification Is a Prerequisite to Imposing Discretionary Supervised-Release Conditions Introduction In United States v. Rivera-Hernandez, No. 25-20022...
Direct Threat, Not Diagnostic Perfection: Fifth Circuit Endorses FMCSA-Guided, File-Review Assessments for Safety-Critical Rail Jobs and Tightens Proof of Reassignment under the ADA Introduction In...
No Right to Vote on a Particular Schedule: The Fifth Circuit Upholds Mid‑Cycle Redistricting and Treats “Vote Postponement” as Non-Disenfranchisement Introduction In Jackson v. Tarrant County, the...
No End-Run Around Louisiana’s LHEPA: Plaintiffs Must Plausibly Plead Gross Negligence or Willful Misconduct—and Relabeling as Contract Won’t Avoid the Shield Ware v. Irving Place (5th Cir. Oct. 29,...
Belknap v. Spinks: Clearly Established Bar on Housing Known‑Suicidal Detainees with Loose Bedding and Tie‑Off Points; No Deliberate‑Indifference Claim for Failure to Render Aid Absent Belief of...
Manageable Lines and Cost Causation: Fifth Circuit Clarifies NEPA Scope and Predeterminations under the Natural Gas Act Introduction In Columbia Riverkeeper v. FERC, Nos. 24-60002, 24-60197,...
Managing NEPA’s “Manageable Line” and Immediate Review of FERC Predetermination Denials: The Fifth Circuit’s Framework in Gas Transmission NW v. FERC Introduction In Gas Transmission NW v. FERC (5th...
No Presumption of Rolled‑In Rates for Oversized § 2.55(b) Replacements; Fifth Circuit Endorses FERC’s “Manageable Line” NEPA Scope After Seven County Introduction This consolidated Fifth Circuit...
Church Autonomy as Structural Immunity—Not Rule 12(b)(1)—and Its Application to Non‑Hierarchical Ministries and Third‑Party Interference: Commentary on McRaney v. North American Mission Board (5th...