“Real-World Operability” as the Touchstone of BACT in Texas Permitting Introduction In Port Arthur Community Action Network v. Texas Commission on Environmental Quality, the United States Court of...
United States v. Brown: Re-affirming Judicial Control over Multiplicitous Convictions and Post-Verdict Rule 48(a) Dismissals 1. Introduction In United States v. Brown, No. 24-20095 (5th Cir. Aug. 12,...
Discovery Sanctions in § 1782 Proceedings: The Fifth Circuit Clarifies No Mandatory Conference Is Required Before Rule 37(b) Relief Introduction Banco Mercantil v. Paramo (No. 24-20375, 5th Cir. Aug....
Palms v. Texas Children’s Hospital: The Fifth Circuit’s New Rule on Appellate Forfeiture of Post-Accommodation Title VII Religious-Discrimination Claims 1. Introduction In Palms v. Texas Children’s...
Fifth Circuit Clarifies Equitable Estoppel & Assignment Ambiguities in ERISA Provider Claims: Commentary on Angelina Emergency Medicine Associates PA v. Blue Cross (5th Cir. 2025) 1. Introduction The...
Illegality at First Sip: Fifth Circuit Confirms That “Showcase” Supply-Retail Agreements Breaching TABC §102.16 Are Void and Unenforceable 1. Introduction In ROKiT Drinks, L.L.C. v. Landry’s Inc....
United States v. Baxter: Fifth Circuit Re-Affirms That “Submission-to-Search” Conditions on Supervised Release Must Be Orally Pronounced Introduction United States v. Baxter, No. 24-50051 (5th Cir....
“Reasonably-Responsive Excerpts” & Minimal Authentication – A Detailed Commentary on United States v. Cash (5th Cir. 2025) I. Introduction Case: United States v. Cash, No. 24-10243, Court of Appeals...
“No Need to Know the Drug & No Ambiguous Pro-Se Requests:” The Fifth Circuit’s Dual Clarifications in United States v. Serrano Galaviz 1. Introduction Court: U.S. Court of Appeals for the Fifth...
Accord & Satisfaction Is an Affirmative Defense, Not a Stand-Alone Claim: Commentary on Wood v. North Mississippi Health Services, No. 24-60546 (5th Cir. Aug. 8, 2025) 1. Introduction In Wood v....
“Retreating-Armed-Suspect” Qualified-Immunity Rule Commentary on Carico v. Bristow, No. 24-40239 (5th Cir. Aug. 7, 2025) 1. Introduction Carico v. Bristow addresses an increasingly common policing...
Ferrara v. Swonke – Fifth Circuit Affirms Preclusion of Re-Filed § 1983 Claims and Clarifies Threshold for Vexatious-Litigant Injunctions Introduction The United States Court of Appeals for the Fifth...
Forfeiture of Untimely Statute-of-Limitations Arguments and Futility of Amendment: A Structured Commentary on Kode v. Pargin, No. 24-50759 (5th Cir. Aug. 7 2025) 1. Introduction The Fifth Circuit’s...
“Minutes Rule Trumps Judicial Estoppel”: A Comprehensive Commentary on the Fifth Circuit’s Decision in Retro Metro, LLC v. City of Jackson 1. Introduction The United States Court of Appeals for the...
Residual Pollution Is Not a Continuing Violation: Fifth Circuit Reaffirms “Hamker Rule” in Save the Cutoff v. Iron River Introduction On 7 August 2025, the United States Court of Appeals for the...
The Richburg Clarification: Fifth Circuit Tightens the Pre-Judgment Standard for Showing Prejudice in Plea-Related Ineffective-Assistance Claims Introduction In United States v. Richburg, No....
Reaffirmation of “Crime of Violence” Status for Texas Aggravated Assault-By-Threat and the Limits of Equitable Tolling Based on Late Discovery of New Case Law Introduction The United States Court of...
Fifth Circuit Clarifies ADA Discrimination Standard for Heat-Exposure Claims and Reaffirms Non-Waivable Sovereign Immunity — A Commentary on Baughman v. Bowman 1. Introduction Baughman v. Bowman, No....
“Exhaustion as Accrual” – Brook v. Holzerland and the Fifth Circuit’s Clarification of FOIA & Privacy Act Limitation Periods I. Introduction Brook v. Holzerland, Nos. 24-40640 & 25-40014 (5th Cir....
“Constructive Exhaustion Sets the Clock” – Fifth Circuit Clarifies FOIA & Privacy Act Accrual and Rejects Continuing-Violation Tolling Introduction Brook v. Holzerland, Nos. 24-40640 & 25-40014 (5th...