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...
Adjacency-Based Professional Licensure Restrictions Likely Violate Article IV Privileges and Immunities I. Introduction In Polk v. Crawford (5th Cir. Aug. 4, 2026), Geoffrey Polk—an attorney licensed...
Fifth Circuit: Damages Experts Cannot Assume Maximum Commissions; Untimely Rebuttal Disclosures Are Excluded 1. Introduction Finite Utility Consulting, L.L.C. v. Tawa (5th Cir. Aug. 4, 2026) arises...
Louisiana Adhesion Doctrine Invalidates Unilateral “Owner’s Sole Discretion” Arbitration Clauses in Construction Contracts I. Introduction In MAPP, L.L.C. v. Floor and Decor Outlets of America,...
Eqbal v. Blanche: Calendar/Translation Errors and Ignored Key Documentary Proof Cannot Sustain Adverse Credibility in Asylum Adjudications 1. Introduction In Eqbal v. Blanche (5th Cir. Aug. 6, 2026),...
No §1983 “Color of Law” Without Manifestation of Office; Child-Safety Exigency Does Not Justify Forced Drug Testing Once Children Are Removed 1) Introduction Knighton v. Benton County (5th Cir. Aug....
Cash-Collateral Bar Dates and Confirmation Orders Preclude Post-Deadline Lien-Priority Challenges by Later Note Assignees Introduction Adler v. Energy Debt Holdings (5th Cir. Aug. 6, 2026) arises...
Inadvertent Submission of a Demonstrative Exhibit to the Jury Does Not Warrant a New Trial Absent a Reasonable Possibility of Influence I. Introduction Estate of Jeremy Bellamy, deceased, through its...
United States v. Deluna: Harmless-Error Treatment of Potentially Coerced Interview Confessions and Relevance of Firearms Displays/Photos in Straw-Purchase Prosecutions Introduction In United States...
Magistrate’s Nondelegable Article 15.17 Duty and No Clearly Established Sixth Amendment Right to Counsel at the Article 17.151 Affordable-Bail Deadline Introduction Rivera Castelan v. Taylor (5th...
Rogers v. Espinoza: Abandonment of Excessive-Force Claims and the Need for Bystander-Specific Clearly Established Law (with Scott v. Harris Video Review) I. Introduction In Rogers v. Espinoza (5th...
Debtor Must Attend § 727 Trial Without Subpoena, but One-Day Absence Is Harmless Absent Prejudice; Discharge Appeal Is Final Despite Sanctions Remand 1) Introduction Case: Black v. Triplett (5th Cir....
Decisionmaker Knowledge Is Essential to § 1981 Retaliation Causation; Temporal Proximity Alone (Three Months) Cannot Overcome Unrebutted No-Knowledge Evidence 1. Introduction In Whiticar v. Parish...
Anticipatory (At-Issue) Waiver Requires Affirmative Reliance—Relevance to Bad Faith Is Not Enough I. Introduction In re Prime Holdings Insurance Services, Incorporated; Prime Insurance Company (5th...
Rule 56(a) Requires an Explainable Summary-Judgment Ruling: Fifth Circuit Limited Remand When Coverage Exclusion Decision Lacks Reasoned Analysis 1. Introduction In Frontier Custom Builders,...
Ambiguous Service on an Unadjudicated Defendant Defeats § 1291 Finality Absent Rule 54(b) and Requires a Limited Remand Introduction In Damond v. Wiley (5th Cir. Aug. 5, 2026) (per curiam)...
Material Fact Disputes Defeat Interlocutory Qualified-Immunity Review; Deadly Force Against a Visibly Unarmed Suspect Moving Away Is Clearly Established as Unconstitutional I. Introduction In Tippitt...
Rear-End Presumption Rebutted When a Lead Driver Merges into a Safety Cushion and an Immediate Roadway Hazard Leaves No Time to Re-Establish Following Distance (FTCA / Louisiana Law) Case: Spinks v....
Bodin v. New Orleans: Per Se Takings Remain Tethered to the Right to Exclude; § 230 Does Not Preempt STR Transaction-Bans and Nonpublic License-Verification Duties Court: U.S. Court of Appeals for...
Ramsey v. San Jacinto College District: ADA Prima Facie Discrimination Requires Only Three Elements; “Fourth-Element” Comparator Proof Is Merely One Way to Show Nexus, and Cat’s-Paw Theory Can Carry...