Fraudulent Inducement, Not Right-to-Control: Fifth Circuit Holds § 1348 Reaches Social‑Media Pump‑and‑Dump Schemes Without Proof of Victim Net Loss Introduction In United States v. Constantinescu,...
Emergency-Aid Entry and Marijuana-Odor Probable Cause Reaffirmed: United States v. Jackson (5th Cir. 2025) Court: United States Court of Appeals for the Fifth Circuit Date: October 2, 2025 Panel:...
Tacit Conspiracy with Dark Web Marketplace Operators: Fifth Circuit Affirms That Platform Facilitation Can Satisfy the Agreement Element in Narcotics Conspiracies Introduction In United States v....
No TWDA End-Run via Official-Capacity Pleading; Fifth Circuit Reaffirms Subjective Deliberate-Indifference Standard for Pretrial Detainee Medical Care Court: United States Court of Appeals for the...
FEGLIA “Receipt” Defined: Delivery to Employing-Office Personnel Suffices; No Indicia-of-Receipt or File-Presence Requirement Case: Metropolitan v. Vasquez, No. 24-11024 (5th Cir. Oct. 1, 2025) (per...
No Constructive Notice from Tracks Alone: Fifth Circuit Reaffirms Mississippi’s Temporal Proof Requirement in Slip‑and‑Fall Cases Introduction In Harrison v. Houchens Food Group, the United States...
“Actual Knowledge” Means an Actual Inference: Fifth Circuit Reaffirms Strict Pleading for K–12 Title IX Liability in Monroe v. Aldine ISD Introduction In an unpublished per curiam decision, the...
No Heightened Review Without an Arguable Limitations Bar: Fifth Circuit Affirms Rule 41(b) Dismissal of a Post-Conviction Rule 41(g) Property-Return Action Introduction In Sanusi v. United States,...
Explicit Warnings Suffice as “Lesser Sanctions”: Fifth Circuit Affirms Rule 41(b) Dismissal for Repeated Defiance of Deposition Orders in Lee v. Southwest Airlines Introduction This commentary...
No Clearly Established Due Process Right in Inmate Craft‑Sale Proceeds: Fifth Circuit Grants Qualified Immunity in Savage v. Westcott Introduction In Savage v. Westcott, the United States Court of...
Contract, Not Takings: Fifth Circuit Holds Municipal Refusal to Extend a Development Agreement Is Commercial (Non‑Sovereign) Conduct Introduction In Mesquite Asset Recovery Group, L.L.C. v. City of...
No Safe Harbor in Delay: Fifth Circuit Confirms EPA May Disapprove Overdue Good Neighbor SIPs Using Updated Modeling and Requires Independent “Maintenance” Analysis Beyond Formal Nonattainment...
No Standalone Due‑Process Right to Obtain DNA Electronic Files Outside Court‑Supervised Habeas Discovery: The Fifth Circuit’s Decision in In re Blaine Milam Introduction In a consolidated capital...
No Due Process Right to Pre‑Habeas Access to Raw DNA Data: Fifth Circuit Upholds Texas’s Court‑Controlled Postconviction Discovery Regime and Rejects § 1983 Mandamus Introduction In Milam v....
No Equitable Tolling for INA’s One-Motion Rule: The Fifth Circuit’s Categorical Bar on Tolling the Numerical Limit in Motions to Reopen Introduction In Garcia Morin v. Bondi, No. 24-60590 (5th Cir....
States May Regulate 340B Patient-Level Distribution: Fifth Circuit Declines to Enjoin Mississippi’s Contract-Pharmacy “Non‑Interference” Law Introduction In AbbVie v. Fitch, the U.S. Court of Appeals...
Fifth Circuit Clarifies That Prior Probation Does Not Offset the Statutory Maximum for Supervised Release and That Cumulative Brady Material Cannot Support § 2255 Relief Introduction In United States...
Probation Is Not Supervised Release: Fifth Circuit Rejects Offset Theory and Reaffirms Cumulative Brady Evidence Is Immaterial — United States v. Hoffman (5th Cir. 2025) Introduction In United States...
Temporal Proximity and Similarity, Without Regularity, Can Establish Relevant Conduct for Drug Trafficking (5th Cir. Unpublished) Case: United States v. Griffin, No. 24-50247 (5th Cir. Sept. 11,...
Double Deference Reaffirmed: Showing Strickland Prejudice on Competency Claims Requires Proof of Likely Incompetence, Not Just Eligibility for a Competency Trial Case: Lizcano v. Guerrero Court:...