Fifth Circuit Upholds § 1915(e) Frivolousness Dismissal and a Narrowly Tailored Pre‑Filing Injunction for Serial IFP Attacks on a State‑Court Judgment 1. Introduction Case: ReJoyce Foundation; Rickye...
Unpleaded Burnside and Independent Subrogation Claims Cannot Be Revived by a Pretrial Order in a Maritime Limitation Case 1. Introduction Aries Marine v. American Longshore (5th Cir. Sept. 14, 2026)...
Appellate Forfeiture of New Policy-Ambiguity Arguments After Contrary District-Court Positions Case: Megalomedia v. Philadelphia Indemnity Insurance Company (5th Cir. Sept. 14, 2026) Panel: Ho,...
Pro Se Status and Grief Are Not “Good Cause” Under Rule 4(m): Fifth Circuit Affirms Service-Based Dismissal Even When Limitations Likely Bars Refiling Case: Murphy v. Miller (5th Cir. Sept. 14, 2026)...
Intervention Timeliness Runs from Litigation Signals of Abandonment—Not Political Rhetoric; Intervenors Still Need Appellate Standing to Challenge Vacatur/Remand I. Introduction In Texas v. US Dept...
Fifth Circuit: ADA Does Not Require Indefinite Leave; Title VII Requires “Nearly Identical” Comparators and Pretext Evidence Beyond Timing I. Introduction In Payne v. Hammond City (5th Cir. Sept. 11,...
Louisiana Article 971 Anti-SLAPP Motions Are Unavailable in Federal Court Because They Conflict with Rules 12 and 56 Case: Sahs v. Loyola Univ New Orleans (5th Cir. Sept. 11, 2026) | Panel: Richman,...
Volitional Payments Are Not an “Occurrence”: No Texas CGL Duty to Defend ATA Aiding-and-Abetting Terrorism Claims 1. Introduction Travelers Property Casualty Company of America v. Ericsson (5th Cir....
AIR 21 Review: No Issue-Exhaustion Under 29 C.F.R. § 1979.110(a), and No Vacatur for Unconstitutional ALJ Removal Protections Without Collins Harm 1. Introduction Corr Flight S. v. Dept of Labor (5th...
Post-Decertification § 1926(b) Standing: Traceability Fails Against a Non-Petitioning Municipal Utility District 1. Introduction In Dobbin Plantersville Water Supply Corporation v. Montgomery County...
Upward Variances Cannot Be Based on Hypothetical Guideline Recalculations; Mental-Health Conditions Require Record Support and Findings Case: United States v. Hendrickson (5th Cir. Sept. 10, 2026)...
Police-Pursuit Substantive Due Process Requires “Intent to Harm”; TTCA Claim Must Be Reassessed When Federal Claims Drop Out I. Introduction In Valadez v. City of Jacinto City (5th Cir. Sept. 9,...
Indentation-as-Meaning Rule for Insurance Endorsements: Unindented “to the extent” Qualifiers Apply Across All Subparts Publication status. The Fifth Circuit noted this opinion is “not designated for...
Eleventh-Amendment Dismissals Are Jurisdictional: Sovereign-Immunity Dismissals Must Be Without Prejudice (and Academic Disputes Rarely Become Constitutional Claims) 1. Introduction Eriakha v....
Constructive Knowledge Rejected: Actual Knowledge Required to Knowingly Consent to Magistrate-Judge Jurisdiction When an Undisclosed Close Friendship Exists 1. Introduction Case: IFG Port Holdings,...
Unpublished Fifth Circuit: Under Lindke, a Legislator’s Social-Media Blocking Is Not “State Action” Absent Written Law or Force-of-Law Custom Authorizing Speech for the State I. Introduction Case:...
Grades Are Not Dispositive Under IDEA: Separate Core Instruction Permitted When Extensive Supports Still Fail to Deliver Meaningful Progress in the Least Restrictive Environment 1. Introduction W.H....
Benefit “Not Guaranteed” Statements as Unlawful Reprisal Threats, While General Union Awareness Does Not Establish Surveillance (5th Cir. 2026) Case: Starbucks v. NLRB (No. 24-60653) | Court: U.S....
Judicial Notice of Post-Appeal Related Bankruptcy Filings for Jurisdiction; Unconditional Guarantors Receive § 509(a) Statutory Subrogation to the Extent Paid Introduction In Whitestone Uptown Tower,...
Okene v. Blanche: Substantial-Evidence Review for INA § 240A Hardship and VAWA Battery/Extreme-Cruelty Determinations 1. Introduction In Okene v. Blanche (5th Cir. Sept. 4, 2026), Wilberforce Okene,...