DWPA Application Areas Must Encompass Seaward Pipelines: One Deepwater Port Per Properly Drawn Area Case: Citizens for Clean Air v. TRANC (captioned Citizens for Clean Air & Clean Water in Brazoria...
Plea-Agreement Restitution Floors as “Some Evidence” Under 18 U.S.C. § 2259, and Statutory-Maximum Review Despite Appeal Waivers (Fifth Circuit) 1. Introduction In United States v. Brann (5th Cir....
Forfeiture of Rule 33 Untimeliness Makes FRAP 4(b)(3) Tolling Effective (and Preserves District-Court Jurisdiction) United States v. Castro, Nos. 24-11000 & 26-10428 (5th Cir. Aug. 11, 2026) (per...
EPCA Direct Final Rules Are “Prescribed” Only Upon DOE Adherence After Comments—and Must Be Withdrawn When Adverse Comments Provide a Reasonable Basis I. Introduction In State of Mississippi v. DOE...
Forfeiture of Rule 33 Timeliness Treats Notice of Appeal as Ineffective Under FRAP 4(b)(3) (and Limits Review of Post‑Judgment Orders Without a New Notice) Case: United States v. Castro (5th Cir....
Plain-Error Reversal of § 922(g)(1) As Applied After Intervening Precedent, and “Unbundling” Grouped Counts for Resentencing Case: United States v. Elliott (5th Cir. Aug. 11, 2026) (per curiam,...
QPA Must Reflect Negotiated Market Rates: Excluding Ghost Rates and Including Incentives Under the No Surprises Act Introduction Texas Medical Association v. HHS is an en banc Fifth Circuit decision...
Knight v. Methanex USA: Conclusory Safety-Violation Pleadings Do Not Trigger LWCA Intentional-Act Exception; Written Statutory-Employer Clauses Presumptively Bar Negligence Claims for Integral...
Accumulated Record Evidence—Not a Formal Diagnosis—Can Support Mental-Health Supervised-Release Conditions Under Plain-Error Review Introduction In United States v. Wilkerson (5th Cir. Aug. 10, 2026)...
Article 13(b) Grave Risk Established by Cartel Ties and Ongoing Substance Abuse in Hague Return Proceedings 1. Introduction Lozano v. Perez (5th Cir. Aug. 4, 2026) arises from an international...
Original Motor Carrier Liability as Statutory Employer in Multi-Carrier Outsourcing Chains Under 49 C.F.R. § 376.22 1. Introduction Crane v. Penske Trans Mgmt (5th Cir. Aug. 4, 2026) addresses who...
“Relating To” in 18 U.S.C. § 2252A(b)(1) Retains Its Ordinary Broad Meaning Under the Categorical Approach I. Introduction United States v. Mendoza (5th Cir. Aug. 7, 2026) addresses two recurring...
Authorized Signers May Bind Business Deposit Customers to Bank Arbitration Terms Incorporated by Reference; Post-Compulsion Disposition Must Be Stay or Dismissal Without Prejudice Case: Cunningham v....
Guidelines Robbery After the 2023 Amendment: No Implied Mens Rea; California Penal Code § 211 Categorically Qualifies Case: United States v. Williams (5th Cir. Aug. 7, 2026) | Court: U.S. Court of...
Unconditional Prevailing-Party Fee Shifting Under TBCC § 28.08(c) in Credit-Reporting Suits (No FCRA Preemption) and Forfeiture Limits on Fee Challenges I. Introduction Gore v. Higher Educ Loan Auth...
Rule 56(d) Relief Requires a Proper Motion and Specific Showing; Default Sanctions and Fee Awards Stand Where Party-Driven Delay Is Clear I. Introduction Sixela Investment Group v. Hope Federal...
Fifth Circuit: Minor Inconsistencies, Demeanor, and Plausibility Sustain Adverse Credibility; No IJ Duty to Re-Raise Noticed Inconsistencies; CAT Requires Particularized, Independent Proof Beyond...
Garrett v. Davis: Eighth Amendment Sleep-Deprivation Claims Require Proof of Substantial Risk (Not Causation), No Numeric Sleep Threshold, and a Duration-Sensitive Totality Analysis Court: U.S. Court...
Fifth Circuit: No Rule 56(d) Relief Without a Proper Motion; Late-Stage Withdrawal and Default Sanctions Sustained for Client-Driven Delay I. Introduction Sixela Investment Group v. Hope Federal...
Rule 56(d) Relief Requires a Proper Motion and Diligent Discovery; Late-Stage Withdrawal and Default Sanctions Upheld for Client-Driven Delay Case: Sixela Investment Group v. Hope Federal Credit...