CTR-Compliance Delays Are Not § 1981 Contract Impairment; Unpreserved Qualified-Immunity Challenges Reviewed Only for Plain Error — Randle v. PNC Financial (5th Cir. 2025) Court: United States Court...
NEPA’s “Manageable Line,” § 2.55(b) Replacements, and Rolled‑In Rate Predeterminations: The Fifth Circuit’s Framework in State of Washington v. FERC (GTN Xpress) Introduction In State of Washington...
Fifth Circuit Holds § 2422(b) “Sexual Activity” Includes Nonphysical Conduct, Affirming Attempted Coercion to Produce Lascivious Images Introduction United States v. Jimenez, No. 24-40703 (5th Cir....
United States v. Hernandez-Adame: Fifth Circuit Confirms that “Entry” Under § 1326 Requires Freedom from Official Restraint, but Treats It as a Definitional Concept Within Trial Courts’ Instructional...
Hermann Estoppel Revived and Provider Assignments Clarified: The Fifth Circuit’s Framework for Out‑of‑Network ERISA Claims in Angelina Emergency Med. v. Blue Cross Introduction In Angelina Emergency...
No Statutory Lanham Act Damages Without a Registered Mark: Fifth Circuit Vacates Awards and Clarifies Limits on Attorney Immunity in Lewis Brisbois v. Bitgood Introduction In an unpublished but...
No Post‑Termination Royalties Absent Express Language: “Developed and Manufactured During the Initial Term” Means What It Says Case: Strategy and Execution, Inc. v. Black Rifle Coffee Company,...
Arzamendi v. Hegseth: Rescission of Federal Vaccine Mandate Does Not Moot Damages Claims; Religious Accommodation Pleadings Must Specifically Tie Beliefs to Testing/Masking Protocols Introduction In...
Survival Clauses Cannot Create Post‑Termination Renewal Commission Rights Under Maryland Law: Sims Agency v. GEICO (5th Cir. 2025) Introduction In Sims Agency, L.L.C. v. Government Employees...
Torres v. Rubio: § 1503(a) Citizenship Suits Are De Novo and Not Bound by Passport “Primary/Secondary Evidence” Regulations Introduction In Torres v. Rubio, No. 24-40685 (5th Cir. Oct. 21, 2025)...
Pattern-of-Coercion Suffices for § 1591; Social-Media “Pimping” Memes Are Admissible Under Rule 404(b) Comprehensive Commentary on United States v. Lewis, No. 24-20235 (5th Cir. Oct. 21, 2025)...
Colorado River Controls Mixed Declaratory/Injunctive Actions; “Ready, Willing, and Able” for Texas Equitable Redemption Requires Conjunctive Proof: Commentary on All About Property, L.L.C. v. Midland...
Contractual Pre‑Suit ADR Can Trigger a CGL “Duty to Defend,” and Wrongful Denial Waives Consent-to-ADR; Bankruptcy Assignment Does Not Bar Indemnity Litigation Case: BPX Prod. Co. v. Certain...
No Ex parte Young Path to “Just Compensation” for Texas Unclaimed Property: Fifth Circuit Bars Federal Takings Claim on Sovereign Immunity Grounds Introduction In Ambriz v. Hancock, No. 23-50582 (5th...
Speculative Risk Is Not “Substantial Prejudice”: Fifth Circuit Tightens Sanctions Due Process and Bars Johnson Double-Counting in CEATS v. TicketNetwork Introduction In this second trip to the Fifth...
Threatening to Retain Property Beyond a Possessory Lien Constitutes TTLA “Coercion”; Expectation Damages Must Net Avoided Costs — Rose v. Equis Equine (5th Cir. 2025) Introduction In Rose v. Equis...
No Special Forfeiture Exception for Pro Se Appellants: Fifth Circuit Affirms Summary Judgment and Flags Fabricated Citations in Scroggins v. City of Shreveport Introduction This Fifth Circuit...
Material Omissions as “False Entries” Under 18 U.S.C. § 1005 When Context and Duty to Disclose Render Them Literally False: Fifth Circuit’s Post-Thompson Clarification in United States v. Ryan...
Averaging Competing Expert Figures Is Not a Culver II Analysis: The Fifth Circuit Vacates a Future Wage-Loss Award and Reaffirms No Punitive Damages for Delayed Cure Absent Bad Faith Introduction In...
No Count-by-Count Cure: Fifth Circuit Requires Dismissal of the Entire Indictment When Any Count Violates the Sixth Amendment Speedy Trial Right Introduction In Berryman v. Huffman, No. 23-60627 (5th...