FMLA Leave Requires Evidence of a “Serious Health Condition,” and Retaliation Claims Require Evidence Linking Termination to Protected Activity Introduction In Davenport v. Zachary Manor Nursing and...
Receipt of Child Pornography Can Proximately Cause Guardians’ Search-and-Relocation Losses When “Inextricably Linked” to the Minor’s Flight Introduction In United States v. Dill (5th Cir. Aug. 5,...
§ 922(g)(1) As-Applied Challenges: Government Must Prove a Founding-Era Tradition for Disarming Property-Crime Felons and May Not Substitute “Dangerousness” Factfinding for the Predicate I....
Section 230 Preempts State-Mandated Social-Media “Monitoring and Filtering,” and Indirect Chill Theories Require a Clear Showing of Predictable Platform Censorship Case: Students Engaged in Advancing...
Unauthorized Prescriptions as “Distribution”: § 856(a)(1) Drug-Premises Liability for Medical Clinics and Post-Ruan Proof of Practitioner Mens Rea 1. Introduction United States v. Talbot (5th Cir....
Fifth Circuit Clarifies § 1782 Quash Review: “Some Explanation” May Be Drawn from the Full Record; No “Authoritative Proof” Requirement for Foreign Receptivity 1. Introduction In Candel & Partners v....
Section 230 Preempts State-Mandated Social Media Content Filtering for Minors; Speculative Third-Party “Chill” Cannot Establish Pre-Enforcement Standing Case: Computer & Comm v. Paxton (consolidated...
U.S.S.G. § 2K2.1(c)(1) Homicide Cross-Reference Requires the Firearm Be “Cited in the Offense of Conviction” I. Introduction In United States v. Murphy (5th Cir. July 23, 2026), the Fifth Circuit...
Suborning Perjury Enhancement Applies When a Defendant Procures False Testimony by Inducing Counsel to Elicit Known Lies Case: United States v. Fullerton (Nos. 24-50800 & 24-50829, consolidated)...
Obstruction-of-Justice for “Procuring” Perjury: Coordinating Exonerating Testimony Can Support a §3C1.1 Subornation Enhancement I. Introduction In United States v. Fullerton (5th Cir. July 21, 2026),...
Substantial-Evidence Deference in SSA Cases: Generalized, Uncited Appellate Challenges and Post-Decision Evidence Do Not Justify Remand 1. Introduction Tarver v. Bisignano (5th Cir. July 21, 2026) is...
OSHA Lacks § 8(c)(2) Authority to Require Employer Recording of Work-Related Mental Illnesses (Vacatur of 29 C.F.R. § 1904.5(b)(2)(ix)) Case: Exxon Mobil Corp v. OSHCC Court: U.S. Court of Appeals...
VAWA Housing Provisions: No Private Right and No § 1983 End-Run; Section 8 Participation Alone Is Not State Action 1. Introduction In Gonzalez v. 2009 Houston Scott Street, L.P. (5th Cir. July 20,...
MVRA Restitution Requires Bodily Injury: Purely Psychological Harm Cannot Support Lost-Income or Mental-Anguish Restitution I. Introduction In United States v. Kirkwood (5th Cir. July 17, 2026), the...
United States v. Marascio: Applying the Roland Factors to a Prosecutor’s Single Closing-Argument Reference to Co‑Conspirators’ Guilty Pleas 1. Introduction In United States v. Marascio (5th Cir. July...
Mootness by Resignation: Vacatur of Federal Injunction When the Challenged Ethics Conflict No Longer Applies 1. Introduction Local 1374, Jefferson Parish Firefighters Association (the “Union”)...
Res Judicata as a Stop-Sign for Serial Bankruptcy-Related Litigation: Acis Capital Management v. Dondero Court: United States Court of Appeals for the Fifth Circuit Date: July 17, 2026 Disposition:...
Ayers v. Neugebauer: Post-Petition Arbitration Discovery on Estate-Owned Fiduciary-Duty Claims Violates the Automatic Stay; § 362(k) Fees Are Mandatory and Reviewed for Clear Error 1. Introduction...
Courtesy Copies Are Not “Government Records” Under Texas Penal Code § 37.10(a)(1): Probable Cause, Franks Liability, and Retaliatory Arrest in Thompson v. McGehee I. Introduction In Thompson v....
Foreseeable Post-Payment Wires and Concealment Transfers Satisfy “In Furtherance” for Wire Fraud Introduction In United States v. Youngblood (5th Cir. July 17, 2026) (per curiam) (unpublished), the...