Fax Confirmation as Sufficient Proof of FTCA Presentment 1. Introduction This commentary examines the Fifth Circuit’s landmark decision in Spriggs v. United States, No. 24-30609 (5th Cir. Mar. 21,...
Evaluator Authority as a Prerequisite for Direct Evidence of Discrimination Introduction Coleman v. Chevron Phillips Chemical Company, L.P. is a Fifth Circuit decision addressing allegations of race...
Jackson v. Noem: Establishing the Collateral Consequence Exception to Mootness in Military Vaccine Mandate Cases Introduction Jackson v. Noem arises from the Coast Guard’s 2021 requirement that all...
Qualified Immunity and Probable Cause: McClain v. Delgado Clarifies False Arrest Standard in DWI Stops Introduction McClain v. Delgado is a Fifth Circuit decision issued March 20, 2025. It addresses...
Reasonable Accommodation vs. Adverse Action under Title VII: Spencer v. Shell Exploration Introduction Spencer v. Shell Exploration & Production Co. is a Fifth Circuit decision issued on March 19,...
Fifth Circuit Clarifies Probable Cause in Pedestrian Highway Arrests: Safe-Crossing Irrelevant – Rusanowsky v. City of Dallas Introduction The Fifth Circuit’s decision in Rusanowsky v. City of Dallas...
Affirming Established Interpretation: Honest Services Fraud, Insider Trading, and Delegated Regulatory Authority Introduction The Judgment in United States of America, Plaintiff-Appellee, v. Matthew...
Deference to State Execution Protocols: Reaffirming Limits on Eighth Amendment Challenges Introduction In the recent decision in Jessie Hoffman v. Gary Westcott et al., the United States Court of...
Rooker-Feldman’s Jurisdictional Boundary: Limiting Federal Review of State Court Constitutional Challenges Introduction The present Judgment in Michael Ledet v. State of Louisiana, et al., decided by...
New Federal Preemption Limits on Post–Election Day Ballot Receipt: A Reconsideration of Election Day Finality Introduction The present Judgment, rendered by the United States Court of Appeals for the...
Refining Conspiracy Liability and Evidence Spoliation in Pill Mill Cases Introduction In the case of United States of America v. Andres Martinez, Jr. and Dr. Oscar Lightner, the Fifth Circuit Court...
Residual Functional Capacity Evaluation: Integrating Objective Evidence with Subjective Complaints in Disability Determinations Introduction This commentary examines the recent judgment in the case...
New Precedent on Frivolity Dismissals in IFP Litigation and Limitations on FCRA Private Enforcement Introduction This commentary provides an in-depth analysis of the United States Court of Appeals...
Limiting the Scope of the Declaratory Judgment Act in Stowers Duty Claims Introduction The case of Golden Bear Insurance Company v. 34th S&S, L.L.C. (dba Concrete Cowboy) et al. presents a dispute...
Clarifying "Party Aggrieved" under the IDEA and Restricting Post-Hearing Judicial Review Introduction In this influential decision from the Fifth Circuit, R.W., a student with special education...
Indefinite Tolling Extensions Are Unenforceable Under Texas Law: A Critical Analysis of Chapoy v. Union Pacific Introduction The United States Court of Appeals for the Fifth Circuit recently issued a...
Fee-Segregation Waiver and No “Conditional Appellate Fees” Proof Requirement in Federal Diversity Cases (Texas) 1. Introduction Marrufo v. Couch (5th Cir. Mar. 18, 2025) is a diversity-removed...
Gatekeeper Injunctions Must Be Coextensive with Lawful Exculpation Under § 524(e): Highland Capital 1. Introduction This Fifth Circuit decision arises out of the long-running Chapter 11 case of...
Waiver of Texas Fee-Segregation Objections and Federal-Court Path for Appellate Attorney’s Fees in Diversity Cases (Marrufo v. Couch) Court: United States Court of Appeals for the Fifth Circuit Date:...
Fifth Circuit Adopts Polycarpe “Materials/Handling” Test for FLSA Enterprise Coverage and Reinforces Liberal Amendment Standards Case: Flores v. Amazing Grace Primary Home Care (5th Cir. Mar. 17,...