Qualified Immunity Does Not Raise the Pleading Bar: The Fifth Circuit Rejects a “Citation Requirement” and Holds an Unprovoked Shove of a Non-Resisting Suspect States a Clearly Established...
Strict Opt-Out Formalities, Class-Action Preclusion, and No Automatic Vacatur After § 455 Recusal: A Commentary on Davis v. CenturyLink (5th Cir. Apr. 4, 2025) Note: The Fifth Circuit designated the...
Pre‑Enforcement Standing for Judicial‑Ethics Challenges and Certification of Canon 4A(1)’s Scope: The Fifth Circuit’s Decision in Umphress v. Hall Introduction In Umphress v. Hall, the United States...
Selective State Remands Still Count as Merits Adjudications Under AEDPA—and Off‑Bench Misconduct Alone Does Not Prove Judicial Bias Commentary on Jimenez v. Guerrero, No. 23-50223 (5th Cir. Apr. 4,...
Post-Response Travel Is Not “Responding”: Fifth Circuit Narrows TTCA Emergency and 9‑1‑1 Exceptions and Clarifies 12(b)(6) Evidence Boundaries in Payne v. City of Houston Introduction In Payne v....
No Final District Court Order, No Bankruptcy Appeal; Insureds Must Segregate Covered From Non‑Covered Storm Losses and Prove Comparable Materials to Recover RCV Introduction In New York Inn v....
No Sifting Through Databases: Fifth Circuit Demands Particularized Identification and Proof of “Commercial Use” in Texas Trade Secret Cases Introduction In DeWolff, Boberg & Associates Inc. v....
No MTCA Immunity for Malicious Interference with Employment: Fifth Circuit Aligns with Mississippi Supreme Court and Disavows Kilpatrick Introduction In Branson v. Harris (5th Cir. Apr. 3, 2025), the...
Correctional Status as a Disarming Condition: The Fifth Circuit Confirms State Probation Forecloses § 922(g)(1) As‑Applied Second Amendment Challenges Introduction In United States v. Zinnerman, No....
Proof-of-Claim Nexus Authorizes Bankruptcy Courts’ Final Adjudication of State-Law Claims; Clerical Filing Errors Do Not Defeat § 1334(b) Jurisdiction; Rule 37 Default Sanctions Upheld Introduction...
Direct Student Supervision Is an Essential Function of Middle-School Teaching: Fifth Circuit Holds the ADA Does Not Require Hiring a Full-Time Aide or Reassigning Supervision Duties Introduction In...
EUA’s “Option to Refuse” Is an Informational Duty on Vaccine Providers—Not a Substantive Employment Right; Private Hospital Vaccine Mandates Are Not State Action Pearson v. Shriners Hospitals, U.S....
Failure to Negate Qualified Immunity at Summary Judgment; Illegal-Search Injury Supports Damages Standing; Injunctive Relief Must Be Dismissed Without Prejudice Introduction In Paz v. Hayden, No....
Mere Prospect of Agency Policy Shift Is Not “Adversity”: Fifth Circuit Tightens Adequate-Representation Showing for Intervention to Defend Federal Rules Introduction In State of Louisiana v. Burgum,...
Pre‑2017 1098‑T Mismatches and Prior Civil Audits Can Prove Intent and Support Tax‑Loss Estimates: Fifth Circuit Affirms Broad “Relevant Conduct” in Tax‑Prep Conspiracies Commentary on: United States...
Dangerousness-Based Disarmament Under § 922(g)(1) After Rahimi: The Fifth Circuit’s As‑Applied Approach in United States v. Davis Introduction In United States v. Davis, No. 24-20258 (5th Cir. Mar....
No Clearly Established Taking from Temporary Airport Exclusion; Exhibits Trump Franks Allegations at the Pleadings Stage — De Leon v. Munoz (5th Cir. 2025) Introduction This Fifth Circuit per curiam...
United States v. Earnest: Fifth Circuit Clarifies that Prior IRS Audits Are Admissible Under Rule 404(b), Rule 1006 Summaries Need No Expert, and Missing Form 1098‑T Can Support Tax-Loss Estimates...
Warner v. Talos ERT: Fifth Circuit Endorses Separate Wrongful‑Death Awards for Loss of Love and Mental Anguish and Clarifies Principal Liability via SEMS‑Based Control Introduction In Warner v. Talos...
Express FCA Falsehoods Need No Knowledge-of-Materiality; Premature Global Billing Is Factually False; CPT Ambiguity Bars Summary Judgment Introduction In Montcrief v. Peripheral Vascular Associates,...