Accuracy-Related Partnership Penalties Under § 6662 Are “Taxes” for AIA/DJA Jurisdiction-Stripping Purposes Case: Norcave Properties, L.L.C. v. Internal Revenue Service, No. 25-30542 (5th Cir. Aug....
Yan v. State of Texas: No Article III Case or Controversy Against an Adjudicating Judge; Claim-Splitting Dismissal; and Strict Pleading of Civil RICO Predicates and Continuity Court: United States...
Pleading “Context” and Clearly-Established Law to Defeat Qualified Immunity in Fifth Circuit Excessive-Force Cases Introduction Hughey v. Tippah County (5th Cir. Aug. 20, 2026) arises from an alleged...
§ 523(a)(6) Nondischargeability in the Fifth Circuit: “Objective Substantial Certainty of Harm” Suffices Without Subjective Intent to Injure Introduction Mahadevan v. Bikkina is a Fifth Circuit...
Threat of Custodial Arrest to Secure an Unannotated Signature on a Texas Traffic Citation Does Not, Without More, State a Fourth or Fourteenth Amendment § 1983 Claim I. Introduction In Soward v....
FDA’s “Comparative-Efficacy” PMTA Requirement Is a Substantive Rule Requiring APA Notice-and-Comment 1. Introduction In NicQuid, L.L.C. v. FDA, a consolidated set of petitions, multiple e-cigarette...
Free Return Travel and Anecdotal Country Conditions Do Not Compel Asylum/CAT Relief Absent a “Pattern of Sustained Pursuit” Case: Zhuravlev v. Blanche, No. 25-60410 (5th Cir. Aug. 19, 2026) (per...
APA Notice-and-Comment Required for FDA’s “Comparative Efficacy” PMTA Standard When Imposed Through Informal Adjudication Case: Elite Brothers, L.L.C. v. FDA (consolidated petitions including...
FDA “Comparative Efficacy” PMTA Requirement Is a Substantive Rule Requiring APA Notice-and-Comment Case: Vertigo Vapor, L.L.C. v. FDA (consolidated petitions) Court: United States Court of Appeals...
FDA’s “Comparative-Efficacy” PMTA Requirement Is a Substantive Rule Requiring APA Notice-and-Comment (and Cannot Be Imposed via Informal Adjudication) Introduction In Breeze Smoke, L.L.C. v. FDA...
Rule 23(f) Limits and No Pendent Review of FLSA Collective Certification Absent “Inextricably Intertwined” Issues Case: Hamm v. Ochsner-Acadia (5th Cir. Aug. 19, 2026) Court: United States Court of...
Comparative-Efficacy PMTA Denials Require APA Notice-and-Comment: Fifth Circuit Treats FDA’s ENDS Standard as a Substantive Rule Case: Lead by Sales, L.L.C. v. FDA (consolidated) Court: U.S. Court of...
Fifth Circuit: FDA’s Comparative-Efficacy Requirement for ENDS PMTAs Is a Substantive Rule Requiring APA Notice-and-Comment (Cannot Be Imposed via Informal Adjudication) I. Introduction Vapermate,...
Qualified Immunity for Threat-Based Arrests Supported by a Disinterested Witness Report and the Suspect’s Admission; Narrow Use of Pendent Appellate Jurisdiction Case: Bonds v. Woodall (No. 25-60462)...
Brown v. Wallace: Qualified-Immunity Denial at the Pleading Stage When Key Fourth Amendment Justification Facts Are Unknown; Reasonable Suspicion Minimum for Visual Body-Cavity Searches Outside Jail...
Negligent Reliance on Ambiguous THC Lab Results Does Not Create a Franks Violation: Qualified Immunity and Limits on Monell Failure-to-Train I. Introduction In Degollado v. City of Port Lavaca (5th...
Gaither v. Carter: Equitable Tolling in the Fifth Circuit Requires Specific Pleading of Diligence, Obstruction, and Timing 1. Introduction In Gaither v. Carter (5th Cir. Aug. 18, 2026) (per curiam,...
Fifth Circuit: Groundwater-Reduction “Compliance Service” Contracts Are Not Per Se Price-Fixing or Market Allocation; Rule-of-Reason Requires Proof of a Relevant Market 1. Introduction Quadvest,...
TCA’s Nine-Warning Ceiling: FDA Lacks Authority to Expand Cigarette Warning Statements Beyond Congress’s Enumerated List (and APA § 705 Postponement Operates Rule-Wide) I. Introduction Case: R J...
United States v. Enclade (5th Cir. 2026): Case-Agent “Code Word” Interpretation Is Unhelpful Lay Opinion When the Jury Can Draw the Inference Itself I. Introduction Case: United States v. Enclade,...