Consistency Mandate for Firearm Findings in §3582(c)(2) Sentence Reduction Proceedings Introduction This commentary examines United States v. Salas, No. 24-10097 (5th Cir. Apr. 30, 2025), in which...
Intervening Amendment to U.S.S.G. § 4B1.2 Redefines Robbery and Upholds Texas Robbery as a Crime of Violence Introduction In United States v. Wickware, No. 24-10519 (5th Cir. Apr. 29, 2025), the...
Affirmation of Circumstantial Knowledge Inference in Hidden-Compartment Drug Importation Introduction United States v. Rodriguez, 5th Cir. No. 24-40031 (Apr. 29, 2025), addresses two consolidated...
Damond v. City of Alexandria: Reaffirming High Bar for §1983 Claims under §1915(e)(2)(B) Introduction Damond v. City of Alexandria is a Fifth Circuit decision affirming the dismissal of a pro se...
Disjunctive Interpretation of USSG §4C1.1(a)(10): Independent Disqualifiers for Sentence Reduction Introduction United States v. Jones, 24-30236 (5th Cir. Apr. 29, 2025), presents the Fifth Circuit’s...
Circumstantial Inference of Knowledge in Hidden-Compartment Drug Importation: United States v. Martinez-Montelongo Introduction United States v. Martinez-Montelongo is a Fifth Circuit decision issued...
Extension of Traffic Stops for K-9 Sniffs Requires Specific Reasonable Suspicion Introduction Thompson v. Richter, decided April 29, 2025 by the Fifth Circuit, addresses two interrelated legal...
Validation of Felon-in-Possession Prohibition and Sentencing Cross-Reference for Attempted Murder in United States v. Hernandez Introduction United States v. Hernandez (5th Cir. 2025) addresses two...
Strict Enforcement of EEOC Counseling Deadlines and Limits on Continuing Violations in Title VII Claims Introduction Rodriguez v. Duffy, decided April 28, 2025 by the United States Court of Appeals...
Clarifying Essential Job Functions and Accommodation Obligations in Post-Pandemic Employment: Ray v. Columbia Brazoria Introduction In Ray v. Columbia Brazoria Independent School District, No....
Limitations on Vacating Arbitration Awards: FAA Section 10(a)(4) Exclusivity and Manifest Disregard Not a Separate Ground Introduction In United States Trinity Energy Services, L.L.C. v. Southeast...
Employer’s Vicarious Liability Limited by Unreported Harassment and Narrow Successor Liability: Noiel v. Roseland Management Introduction Noiel v. Roseland Management, decided April 28, 2025 by the...
Permissibility of Upward Variance Based on Policy Disagreement with Sentencing Guidelines: United States v. Garcia Introduction United States v. Garcia is a Fifth Circuit decision rendered on April...
Prisoner Access to Direct-Acting Antivirals and Eighth Amendment Deliberate Indifference: Ricks v. Khan Introduction In Ricks v. Khan, 20-20303 (5th Cir. Apr. 25, 2025), the Fifth Circuit confronted...
Imputed Knowledge Shields Premises Owners: Application of Mississippi Code §11-1-66 in Rose v. Nissan North America Introduction Rose v. Nissan North America, decided April 25, 2025 by the Fifth...
Affirmation of Murder-for-Hire and Witness Tampering Standards; Good-Faith Exception for CSLI: United States v. Age Introduction In United States v. Age (5th Cir. Apr. 25, 2025), Louis Age Jr., his...
Equistar Chem v. Indeck Power: Clarifying Damage Recovery Limits and Condition Precedent Standards in Commercial Service Contracts Introduction Equistar Chemicals, L.P. (“Equistar”) contracted with...
Reaffirmation of Twombly/Iqbal Pleading Standards in Bankruptcy Adversary Proceedings under 11 U.S.C. § 727 Introduction This case—Lucky Investments, Inc. v. Rahim—arose out of a Chapter 7 bankruptcy...
Upholding ALJ’s RFC Determinations Under the Substantial Evidence Standard: Hicks v. Commissioner, SSA Introduction Hicks v. Commissioner, SSA, No. 24-10826 (5th Cir. Apr. 22, 2025), addresses the...
Equitable Substantial Compliance Doctrine Governs ERISA Beneficiary Designations and Standing in Interpleader Actions Introduction Morgan v. Barrera, decided by the United States Court of Appeals for...