“No Court Shall Have Jurisdiction”: Fifth Circuit Confirms § 1818(i)(1) Explicitly Bars District Court Injunctions Against FDIC Orders—Even for Constitutional Claims Case: Burgess v. Whang, No....
No Magic Words: Fifth Circuit Holds § 1786(k)(1) Explicitly Bars District Court Pre‑Enforcement Review of NCUA Proceedings Introduction In Moats v. National Credit Union Administration Board, the...
When Interdependent SEC Rules Are Adopted Together, the Agency Must Quantify Their Combined Economic Impact Introduction In National Association of Private Fund Managers v. SEC (5th Cir. Aug. 25,...
“Remote Nexus” Meets “Continuing Offense”: Fifth Circuit Affirms § 5K2.21 Upward Departure for Uncharged Failure-to-Register During a § 1326 “Found In” Reentry Introduction In United States v....
“Juries, Not Bureaus”: AT&T v. FCC and the Constitutional Limits on In-House Civil-Penalty Adjudication Introduction AT&T v. FCC, decided by the United States Court of Appeals for the Fifth Circuit...
“Immediate-Accrual” Doctrine for Athletic-Injury Title IX Claims A Comprehensive Commentary on Clouse v. Southern Methodist University, No. 24-10461 (5th Cir. Aug. 22, 2025) 1. Introduction Clouse v....
Gross v. Carlisle: Fifth Circuit Clarifies the Employee’s Dual Burden—Proving a “Vacant Position” and Addressing Every Ground on Appeal under the ADA Introduction In Gross v. Carlisle Construction...
“Known-Risk Rehire” Liability: The Fifth Circuit’s New Standard in Loera v. Kingsville Indep. School District Introduction In August 2025 the United States Court of Appeals for the Fifth Circuit...
Refining the RLUIPA Substantial-Burden Threshold and Establishment-Clause Neutrality in Prison: A Commentary on Lumsden v. Collier (5th Cir. 2025) Introduction In Lumsden v. Collier, No. 24-50605...
Fifth Circuit Declares §1503(a) Limitation Non-Jurisdictional & Allows Timely Motions to Reopen to Reset the Clock Commentary on Sarabia v. Noem, No. 24-50750 (5th Cir. Aug. 22, 2025) 1. Introduction...
“Thrown a Lifeline”: Fifth Circuit Holds Marine Life-Rafts Are “Equipment” under the Texas Dealer Act 1. Introduction In Fire Protection Service, Inc. v. Survitec Survival Products, Inc., No....
Clarifying Same-Sex Harassment Pleadings After Texas’s 2021 Amendments: A Commentary on Lanier v. Wise County (5th Cir. 2025) 1. Introduction Chad Lewis Lanier, a retired deputy sheriff for Wise...
“Dual-Trigger” Disarmament after Bruen: Violence or Probation Status Suffices – A Commentary on United States v. Clark (5th Cir. 2025) Introduction United States v. Clark, decided on 21 August 2025...
Parole Rescission Challenges Must Proceed Under § 2254: Fifth Circuit Extends AEDPA’s One-Year Limitation and Exhaustion Requirements to State Prisoners Questioning Parole Board Action Introduction...
“Reining-In the NLRB” – Fifth Circuit Invalidates Dual For-Cause Removal Protections and Affirms District Courts’ Power to Enjoin Agency Proceedings 1. Introduction In Space Exploration Technologies...
“Here-and-Now” Harm and Dual-Layer Removal: The Fifth Circuit Re-Shapes Pre-Enforcement Review in Energy Transfer, L.P. v. NLRB Introduction Energy Transfer, L.P. v. National Labor Relations Board is...
Garces v. Hernandez: The Fifth Circuit’s Express Admonition on AI-Generated Citations and the Unyielding Reach of Res Judicata 1. Introduction Garces v. Hernandez (No. 25-50342, 5th Cir. Aug. 19,...
No-Name, No-Toll: Fifth Circuit Clarifies Accrual and Equitable Tolling for § 1983 Claims Introduction In Jenkins v. Tahmahkera, No. 24-10724 (5th Cir. Aug. 19, 2025), the United States Court of...
Lexon v. Chevron: Fifth Circuit Limits Surety Subrogation & Contribution on the Outer Continental Shelf 1. Introduction In Lexon Insurance Co. v. Chevron U.S.A. Inc., No. 24-20347 (5th Cir. Aug. 19,...
“No Clearly-Established Right to Be Free from a Non-Deadly Push While Fleeing” – Sealey v. Mancias and the Pleading Burden in Fifth-Circuit Excessive-Force Claims 1. Introduction Sealey v. Mancias,...