Waiver of Removal Requires “Clear and Unequivocal” Submission to State Merits; Filing a TCPA Motion and Discovery Stay Do Not Suffice Introduction In Abraham Watkins Nichols Agosto Aziz & Stogner v....
No Individualized Dangerousness Assessment for Drug‑Trafficking Felons Under § 922(g)(1): Fifth Circuit Harmonizes Reyes with Kimble in United States v. Orozco Introduction In United States v....
Haverkamp v. Linthicum: No Standing Without a Likely Medical Referral — Fifth Circuit Clarifies Traceability and Redressability in Prison-Surgery Challenges Introduction In Haverkamp v. Linthicum,...
United States v. Simpson: Violent Predicate Felonies—including Vehicular Flight—Sustain § 922(g)(1) Against As‑Applied Second Amendment Challenges Court: United States Court of Appeals for the Fifth...
No Individualized Dangerousness Inquiry for Drug‑Trafficking Felons under § 922(g)(1): The Fifth Circuit’s Per Se Rule Reaffirmed in United States v. Mancilla Introduction In United States v....
No Manufactured Diversity via Trust Appointments: Fifth Circuit Applies 28 U.S.C. § 1359 to Sham Trustees Case: Fugedi v. Initram, No. 24-40283 (5th Cir. Sept. 9, 2025) Introduction The Fifth...
Pleading Conclusory Conspiracies Won’t Do: Good-Faith Reliance on a Facially Valid Warrant and Video-Verified Decorum Enforcement Defeat First and Fourth Amendment Claims — Story v. Gravell (5th Cir....
Personal Guaranty and Owner-Occupation Do Not Convert Commercial Loans into Consumer Debts; Non-Judicial Foreclosure Is Not State Action — Okorie v. University Mall (5th Cir. 2025) Introduction In...
Subject-Matter, Not Structure: Fifth Circuit Declares Church Autonomy a Merits Immunity Shielding Non‑Hierarchical Ministries and Third‑Party Partners Introduction In McRaney v. North American...
Non‑Signatory Client Can Compel Arbitration When a Contractor’s Agreement Incorporates the Client’s MSA and the Worker Assumes the Contractor’s Obligations Introduction In Ford v. ConocoPhillips, the...
Medication Conditions Are Ripe When Tethered to an Unsupported Mandatory Treatment Condition: Fifth Circuit Vacates Mental-Health Special Conditions for Lack of Record Support Introduction In United...
Banking Enforcement as a Public Right: Fifth Circuit Holds No Seventh Amendment Jury in § 1818 Proceedings and Ties Limitations Accrual to Agency Determination Ortega v. Office of the Comptroller of...
No Texas Insurance Tort Recovery After Full Appraisal Payment Absent Independent Injury; “Excusable Neglect” Can Save a Late Notice of Appeal — Commentary on Wilhite v. Ark Royal (5th Cir. 2025)...
Brito Guevara v. Francisco Castro: Fifth Circuit Reaffirms De Novo Review of the Hague Convention’s “Well‑Settled” Defense and Elevates Immigration Instability as a Weighty Consideration Introduction...
Indictment Surplusage Is Not an Element on Federal Habeas; Circumstantial Digital Evidence Can Prove “Receipt” and Venue: Commentary on Lowe v. Mills Introduction In Lowe v. Mills, the United States...
Municipal Electrical Permitting Preempts Texas Homeowner Exemption; Enforcement Upheld and Qualified Immunity Afforded to City Officials Introduction This commentary analyzes the Fifth Circuit’s...
PSR-Based Notice Satisfies Oral Pronouncement Requirements for Supervised Release: The Fifth Circuit’s Extension of Rule 32 Inferences in United States v. Lezama-Ramirez Introduction United States v....
No Plain Error in Extending Garner: Fifth Circuit Requires Offense-Specific “Realistic Probability” to Disqualify Louisiana Aggravated Battery as a Crime of Violence; Bruen Does Not Render §...
No Standing, No Fruit: Abandonment of a Borrowed Vehicle (and Phone) Bars Fourth Amendment Suppression Commentary on United States v. Tsatenawa, No. 24-50034 (5th Cir. Sept. 5, 2025) (per curiam)...
Prospective Relief Allowed, Property Interest Denied: Fifth Circuit Applies Ex parte Young to Ongoing Medical‑License Restrictions and NPDB Reporting, but Rejects Due‑Process Claim to an Unobtained...