Pleading Limits for Section 1 Boycott Claims Where Core Conduct Is Noerr-Pennington-Protected and “Parallel Refusals” Are Commercially Plausible Case: JSW Steel (USA) v. Nucor, No. 22-20149 (5th Cir....
When Supervised Release Was Statutorily Overlong, Revocation Requires First-Instance District Court Review of § 3583(i) Jurisdiction and Willis Plain-Unreasonableness Case: United States v. Rosales,...
Remand Required to Assess § 3583(i) Jurisdiction and Willis “Plainly Unreasonable” Review When Supervised Release Overruns the Statutory Maximum Case: United States v. Rosales (5th Cir. Mar. 17,...
Appellate Jurisdiction to Review Denials of Guideline Downward Departures After Amendment 821 Requires Record Evidence of Misapprehended Authority 1. Introduction In United States v. Elizondo (5th...
Strict Compliance in Beneficiary Designations: Reinforcing Policy Terms Over Substantial Compliance Introduction The recent decision in Allstate Life Insurance Company, Plaintiff-Appellee, v. Yvette...
Vacatur as a Remedy for Conflicted Adjudication: New Precedents in NLRB Decision-Making and Collective Bargaining Conduct Introduction In the case of ExxonMobil Research & Engineering Company,...
Doe v. Charter Communications: § 1681m(h)(8) Bars All Private Suits to Enforce FCRA User Duties Under § 1681m Court: United States Court of Appeals for the Fifth Circuit Date: March 14, 2025 Case:...
Declaratory Judgment Act Cannot Be Used to Obtain a Post-Verdict Declaration of Non-Liability for a Completed Stowers Tort Case: Golden Bear Ins v. 34th S&S (5th Cir. Mar. 14, 2025) (per curiam) |...
Rooker-Feldman Bars As-Applied Due Process Challenges that Function as De Facto Appeals of Final State-Court Sex-Offender Tier Judgments I. Introduction Ledet v. State of Louisiana (5th Cir. Mar. 14,...
Eighth Amendment Does Not Compel a More Painful Alternative: Nitrogen Hypoxia Injunction Vacated When Prisoner Proposes Firing Squad 1. Introduction Hoffman v. Westcott (5th Cir. Mar. 14, 2025)...
Plain-Error Harmlessness for Misframed Conspiracy Mens Rea and Sentencing Enhancements in CSA “Pill Mill” Cases Case: United States v. Martinez (consolidated with Oscar Lightner) Court: Court of...
Plain-Error Conspiracy Instruction Mistakes Are Harmless Without Prejudice in Fifth Circuit Pill-Mill Prosecutions; Spoliation Sanctions Require Bad Faith Case: United States v. Lightner...
Reinforcing the Burden-Shifting Paradigm under the TCHRA: A Cautionary Affirmation of Summary Judgment Standards Introduction This commentary analyzes the recent United States Court of Appeals for...
Balancing Individual Rights and Officer Discretion: A New Precedent on Qualified Immunity and Fourth Amendment Enforcement in Officer-Involved Shootings Introduction In the case of Tracy Langiano v....
Delegated Authority in Arbitration: Redefining Class Arbitrability and Non‐Signatory Boundaries Introduction This commentary reviews the landmark decision in Scott Sullivan; Frank Dellacroce; St....
New Clarifications on the Applicability of Summary Judgment in Tortious Interference and Trade Secrets Cases Introduction The case of Cloud49, L.L.C. v. Rackspace Technology, Incorporated; CapGemini...
Qualified Immunity Upheld in Exigent Arrests: Defining the Limits of ADA and Section 504 in On-the-Scene Responses Introduction The recent decision in the case of Chelsie Cierra Rubin and Cameron...
Subjective Headache Complaints May Be Discounted in the RFC When Inconsistent with the Record Under Deferential Substantial-Evidence Review 1. Introduction In Foster v. Dudek (5th Cir. Mar. 13, 2025)...
IDEA “Party Aggrieved” Limits: No Civil Action to Enforce a Favorable Due-Process Order (and Tightened Paths for § 1983/§ 504 Damages) 1. Introduction R.W. v. Clear Creek Indep Sch Dist (5th Cir....
Indefinite Implied Tolling Extensions Are Unenforceable Under Texas Law (Even in FELA Cases) Case: Chapoy v. Union Pacific Railroad (5th Cir. Mar. 13, 2025) (per curiam) (not designated for...