Ambiguous Intoxication and Self-Inflicted Head Strikes: Qualified Immunity Absent Clearly Established Duty to Obtain Medical Care Introduction Pena v. Starr County, Texas (5th Cir. Aug. 28, 2026)...
Warranty-Only Roof Inspections Do Not Create an Assumed Duty to Protect Property Owners from Contractor Installation Defects (5th Cir.) Case: St. Charles-Guillot v. One Source, No. 25-30326 (5th Cir....
Fifth Circuit: MVRA Misapplication on Plain-Error Review Won’t Be Corrected Absent Fourth-Prong Harm; Restitution May Include Future Psychological Care I. Introduction In United States v. Padilla...
Adams v. Guerrero: AEDPA Applies to Jackson Claims—Habeas Relief Requires “Rational Jurist × Rational Juror” Unreasonableness Court: United States Court of Appeals for the Fifth Circuit Date:...
Harmless-Error Safe Harbor for FDA Drug-Shortage Delistings Absent Prejudice Despite Skipping APA Notice-and-Comment 1. Introduction Case: Outsourcing Facilities Association v. FDA (5th Cir. Sept. 1,...
Home Detention May Be Added by Supervised-Release Modification Even After a Statutory-Maximum Prison Sentence I. Introduction United States v. Tampico (5th Cir. Sept. 1, 2026) addresses two recurring...
Defined “Applicable Year” Tax Rate Governs Both Base and Actual Net Operating Profit in Tobacco Settlement Profit-Adjustment Calculations Commentary on State of Texas v. R. J. Reynolds Tobacco...
Fifth Circuit Adopts a “Transmit Requirement” for Public Display Claims and Holds URLs May Qualify as DMCA CMI Only When They Clearly Convey Statutory Identifiers Introduction In Emmerich Newspapers,...
APA Notice-and-Comment Defects in FDA Drug-Shortage Delistings Require a Showing of Prejudice (and Tirzepatide’s Delisting Survives Arbitrary-and-Capricious Review) 1. Introduction Outsourcing...
Harmless-Error Validation of FDA Drug-Shortage Delisting Without Notice-and-Comment When Stakeholders Had Actual Notice and a Meaningful Opportunity to Submit Evidence 1. Introduction Outsourcing...
Attempted Disarming of a Peace Officer as a Robbery-Analogue Felony Supports § 922(g)(1) Disarmament Under Bruen Case: United States v. Mitchell (5th Cir. Aug. 26, 2026) Court: United States Court of...
Affirmance Without Resolving Discretionary-Clause Choice-of-Law: ERISA LTD Denial Upheld Under Assumed De Novo Review 1. Introduction In Grice v. Metropolitan Life Insurance Company (5th Cir. Aug....
Mandamus Requires Expedited Younger Abstention Review of State-Court Bail Oversight Consent Decrees Before Imminent Judicial Elections Case: In re Honorable Paula Goodhart; Honorable Jessica Padilla;...
No Plain Error from “Retreat” Language When the Revocation Court Is Finding Disproportionate Self-Defense Force Under Texas Penal Code § 9.31 I. Introduction In United States v. Moses (5th Cir. Aug....
Anti-Injunction Act “Regan” Exception Where a Refund Suit Is Economically Unrealistic; IRA Medicare Drug-Price Negotiation Survives Nondelegation and Due Process Challenges 1. Introduction In Natl...
Mailbox-Rule Presumption in VA-Guideline Foreclosures: Barcoded Servicer Letters and Successor-Custodian Testimony Suffice; Bare Non-Receipt Does Not Case: Rummans v. HSBC Bank, No. 25-10897 (5th...
No Plain Error for Rule 11 Factual-Basis Challenges Turning on Disputable Inferences and Unsettled Construction of 18 U.S.C. § 933(a)(2) Case: United States v. Hernandez (5th Cir. Aug. 26, 2026) (per...
Plain-Error Vacatur When a Sentencing Court Repeatedly Relies on Extra-Record Aggravating Facts Case: United States v. Palencia-Berrum (5th Cir. Aug. 26, 2026) 1. Introduction United States v....
Later, More Lenient SEC Sweep Settlements Do Not Justify Modifying a Final Settled Order Absent Rufo-Type Changed Circumstances; Post Hoc Waiver Arguments Are Barred 1. Introduction In Apex Clearing...
Due Process Minimums in Equity-Receivership Distribution Orders Affecting Asserted Secured Lien Rights Case: Black v. Unibank (as styled in the provided materials) Court: United States Court of...