United States v. Sethi: Out-of-Court Statements Not Hearsay When Offered for Context/Notice/Falsity; Limiting Instructions Require a Timely, Specific Request Court: Court of Appeals for the Fifth...
Additional Mitigation Evidence Does Not Create a “New” Penalty-Phase IAC Claim to Evade AEDPA § 2254(d) Case: Wessinger v. Vannoy (5th Cir. Aug. 18, 2026) | Court: United States Court of Appeals for...
Intermittent Harassment and Anecdotal Country Evidence, Coupled with Free Return Travel, Do Not Compel Asylum/CAT Relief Case: Zhuravlev v. Blanche (5th Cir. Aug. 18, 2026) (per curiam; unpublished)...
Qualified Immunity in Child-Removal Cases: Family-Integrity Right Not “Clearly Established” Where a Court-Ordered Removal Rests on Undisputed Evidence of Physical Altercation and Alleged Affidavit...
Randel v. Travelers Lloyds of Texas: Mandate-and-Forfeiture Limits on Remand and Appeal in Texas Insurance Prompt-Payment Litigation I. Introduction Parties: Randy and Debra Randel...
Facially Valid Bench Warrants Defeat False Arrest and Malicious Prosecution; Conclusory Allegations Do Not Overcome Qualified Immunity Case: Williams v. Town of Clinton (5th Cir. Aug. 17, 2026) (per...
Plain-Text Removability Under 8 U.S.C. § 1227(a)(4)(A)(i) for Any Illegal Export Activity (Including 18 U.S.C. § 554 Firearms Smuggling), Rejecting Noscitur a Sociis Case: Olibris v. Blanche (5th...
Flores v. Perez: Qualified Immunity Denied Where a Misdemeanor Suspect Is Rapidly Taken Down and Subjected to Injurious On-Ground Force Amid Material Fact Disputes 1. Introduction In Flores v. Perez...
Rule 51 Specificity and Mitigation-of-Damages Instructions: When a Vague Objection Triggers Plain-Error Review Case: Folks v. Sainato Court: Court of Appeals for the Fifth Circuit Date: 2026-08-14...
Fifth Circuit Rejects “Constructive Presence” to Satisfy Statutory Physical-Presence Requirements for Citizenship Transmission 1. Introduction In Guerra Quezada v. United States (consolidated with...
Fifth Circuit Rejects “Constructive Presence” to Satisfy Statutory Physical-Presence Requirements for Citizenship by Descent Case: Guerra Vasquez v. United States (consolidated with No. 25-10372 /...
Indirect Employer-Paid “Consideration” Makes Workers “Passengers for Hire,” Triggering the Limitation Act’s Covered Small Passenger Vessel Exclusion 1. Introduction Hunter Marine Group v. Gonzalez...
Jurisdiction to Review IJ Late-Evidence/Continuance Rulings in CAT Cases Absent Statutory Discretion Introduction In Lopez-Barrera v. Blanche (5th Cir. Aug. 14, 2026), Jose Mauricio Lopez-Barrera, a...
Inherent-Power Sanctions in Bankruptcy: Clear-and-Convincing Bad Faith, Independent Appellate Sufficiency Review, and Causally Linked Fee-Shifting Despite Late Claim-Withdrawal Gamesmanship Case:...
Implicit Consideration Suffices for § 3583(d) Treatment Exception in Mandatory Supervised-Release Revocations I. Introduction In United States v. Morgan (5th Cir. Aug. 14, 2026), the Fifth Circuit...
AEDPA’s Relitigation Bar Controls Brady Impeachment Claims—Federal Habeas Relief Requires “No Fairminded Disagreement” on Materiality Commentary on Holberg v. Guerrero (5th Cir. Aug. 14, 2026) (en...
Rule 54’s 14-Day Deadline Bars Late Requests for Appellate Fees Absent an Express Court Order 1. Introduction In Merchant v. Merchant (5th Cir. Aug. 13, 2026) (per curiam) (not designated for...
Removal Under Alternative Immigration Authority Moots Alien Enemies Act Injunction Appeal Absent a Certified Class Case: W.M.M. v. Trump (5th Cir. Aug. 13, 2026) (en banc) 1. Introduction W.M.M. v....
§ 1402(a)(13) “Limited Partner” Means a Partner Who Plays No Significant Managerial Role (Fifth Circuit) 1. Introduction In K Alain v. CIR (formerly operating under the name Sirius Solutions,...
Standing Limits on ADA/Rehabilitation Act Challenges to Texas S.B. 1: No “Resource Diversion” Standing, No Traceability to Non-Enforcers, and Prosecutors Don’t “Provide” Voting Services I....