United States v. Clark: Vagueness Challenges Rejected for Honest-Services Kickbacks and CEA “Fictitious Sales” and Misappropriation-Based Insider Trading; CFTC Criminal Rulemaking Upheld Under...
Clarifying Appellate Scope: The Belton Precedent on Post-Judgment Motions and Notice of Appeal Introduction The United States Court of Appeals for the Fifth Circuit rendered a critical decision on...
Strict Adherence to EEOC Exhaustion Deadlines under Title VII: A New Judicial Precedent Introduction The judgment in Dr. Kay Morgan, Plaintiff-Appellant, v. Dr. Marty Bray; Mississippi State...
Note Follows the Deed: Affirming Foreclosure Standing and Establishing Equitable Redemption Requirements under Texas Law Introduction The United States Court of Appeals for the Fifth Circuit, in...
ERISA Preemption and State-Wage Claims: Insights from Broussard v. ExxonMobil Introduction The case of Jason Broussard, Plaintiff-Appellant, versus Exxon Mobil Corporation, Defendant-Appellee,...
Broad Section 10(d) Authority to Vacate NLRB Decisions for Member Conflicts—Even When Not Dispositive—and to Enforce Good-Faith Bargaining Against Retaliatory and Anti-Union “Benefit” Messaging Case:...
Oral Misstatements Cannot Override Written Beneficiary Designations: Substantial Compliance Requires Written Action Under Louisiana Law Case: Allstate Life Insurance v. Marcelle (5th Cir. Mar. 12,...
Langiano v. City of Fort Worth: No Civil Stay Without “Substantial and Irreparable Prejudice”; Suicide-Risk Exigency and Armed-Occupant Threat Justify Warrantless Entry and Deadly Force I....
Garner Alone Is Too General for Clearly Established Law; ADA/§504 Do Not Apply Before Officers Secure an Exigent Street Arrest Scene 1. Introduction Rubin v. De La Cruz (5th Cir. Mar. 11, 2025) is an...
Overbroad Anti-Arbitration Stays Must Yield to Contractual Re-Arbitration of Conflicting Awards; Defensive Participation Does Not Bind a Non-Signatory Case: Sullivan v. Feldman, No. 23-20140 (5th...
Summary Judgment Requires Particularized, Competent Evidence of Intent, Improper Means, and Contract Breach in Bid-Process Tort and DTSA Claims 1. Introduction In Cloud49, L.L.C. v. Rackspace...
Esparza v. Advanced Network: TCHRA Transfer-Discrimination Claims Require Decisionmaker-Linked Evidence (or “Nearly Identical” Comparators), and Retaliation Claims Fail Without Strong But-For...
Clarifying the Burden of Proof in All‐Risk Homeowners’ Insurance Claims: The Barger v. State Farm Precedent Introduction In the recent United States Court of Appeals, Fifth Circuit decision, Mark...
Affirming Authentic Transfers and the Corporate Veil: A New Benchmark in Real Property and Partnership Disputes Introduction In the case of Suzanne Wimsatt, Plaintiff-Appellant, v. Nidal Jaber,...
Establishing the Limits of Deliberate Indifference Claims for Pretrial Detainees Introduction The case of Tracy Nixon, Plaintiff-Appellant, v. Dallas County, Texas, Defendant-Appellee, represents a...
Prosecutorial Discretion in Public Communications: A New Precedent on Qualified Immunity and Malicious Interference Claims Introduction The Judgment in Philip Gerard Turner, Plaintiff-Appellant, v....
The Imperative of Disclosure: Redefining Brady Violations in Capital Cases Introduction The judgment in Brittany Marlowe Holberg v. Eric Guerrero, Director, Texas Department of Criminal Justice,...
Refining Discretionary Penalties under ERISA: A New Standard for Plan Document Production Introduction The judgment from the United States Court of Appeals, Fifth Circuit, in the case of William...
Oral Pronouncements Prevail Over Written Errors: Affirming Fraud Convictions & Correcting Special Assessments Introduction This commentary examines a recent Fifth Circuit decision in the case of...
Establishing Limits on Post-Conviction DNA Testing: Due Process and Standing in Execution Delay Claims Introduction The case of David Wood v. Rachel Patton, in her official capacity as Assistant...