Swear on the Stand

This episode addresses whether a district court’s improper use of  Federal Rule of Civil Procedure 41(a)(2)  to dismiss individual claims, rather than an entire action, strips the appellate court of jurisdiction. While the court determines it does have  jurisdiction , it must resolve disputes involving the  Architectural Works Copyright Protection Act (AWCPA)  and the  Digital Millennium Copyright...

This episode discusses a legal opinion from the  United States Court of Appeals for the Fifth Circuit  regarding a lawsuit involving  excessive force  and  qualified immunity . The case follows an appeal by the estate of James Hughey, who was severely injured after being  beaten by a deputy  while in a state of medical confusion. A majority of the judicial panel  affirmed the dismissal  of the cla...

This episode details a  Fifth Circuit Court of Appeals  decision affirming the convictions of  Travis Enclade and Terence Wilson  for narcotics conspiracy and firearm offenses. Following a  DEA investigation  that utilized pole cameras and a recorded jailhouse call, law enforcement seized significant quantities of  fentanyl, methamphetamine, and heroin  from a New Orleans stash house. On appeal, t...

This episode details a decision by the  Fifth Circuit Court of Appeals  to uphold a delay of a federal rule regarding  graphic cigarette warnings . The court determined that the  Food and Drug Administration (FDA)  likely exceeded its legal boundaries by requiring  eleven  distinct health warnings when the  Tobacco Control Act  specifically prescribed only  nine . This ruling emphasizes that feder...

This episode details a  Fifth Circuit Court of Appeals  decision regarding the  FDA's  denial of marketing applications for  electronic nicotine delivery systems (ENDS) . The court concludes that the agency's  comparative efficacy standard , which requires manufacturers to prove flavored products benefit adults more than tobacco-flavored ones, is a  substantive rule  rather than a simple a...

The  United States Court of Appeals for the Fifth Circuit  issued a ruling regarding a  labor dispute  between support staff and  psychiatric hospital operators  in Louisiana. The plaintiffs allege that  employer policies  and professional duties forced them to remain  effectively on call  during unpaid meal breaks, violating both  federal labor standards  and state laws against  unjust enrichment...

This epsidoe addresses a long-standing legal battle involving  Todd Wessinger , who was sentenced to death for a 1995 double murder. The court ultimately  reversed  a lower court's decision to grant Wessinger a new sentencing hearing based on claims of  ineffective assistance of counsel . Wessinger argued that his lawyers failed to investigate critical  mitigating evidence  regarding his menta...

This episode details a  Fifth Circuit Court of Appeals  decision involving a kindergarten teacher,  Stacey Bonds , who was arrested for making  terroristic threats  during a frustrated customer service call. After a grand jury declined to indict her, Bonds filed a lawsuit against  police officials  and the  City of Magnolia  for false arrest and constitutional violations. The appellate court  over...

This episode outlines a legal dispute between  Quadvest, L.P.  and the  San Jacinto River Authority  regarding alleged  antitrust violations  in Montgomery County, Texas. The conflict originated from state-mandated  groundwater reduction rules , which led to a joint compliance contract that Quadvest later challenged as an illegal restraint of trade under the  Sherman Act . After a bench trial rule...

This  legal opinion  from the  United States Court of Appeals for the Fifth Circuit  details the affirmation of a criminal conviction and sentence against  Aurelio Quintanilla, Jr.  The defendant, who pleaded guilty to  transporting child pornography , attempted to appeal his  twenty-year prison term , lifetime supervised release, and  restitution orders . The court determined that Quintanilla’s ...

This episode details a  Fifth Circuit Court of Appeals  decision affirming the convictions of four individuals involved in a  healthcare kickback conspiracy . The case centers on former employees of  Boston Heart Diagnostics  who conspired with  Little River Health Care  to pay physicians for patient referrals, exploiting the high Medicare reimbursement rates of  critical-access hospitals . On app...

In the legal case  No. 25-60282 , the  United States Court of Appeals for the Fifth Circuit  addressed a petition filed by three  environmental organizations  against the  Maritime Administration (MARAD) . The groups sought to overturn the approval of the  Delfin LNG project , a deepwater port designed for  natural gas liquefaction  and export in the  Gulf of America . The court ultimately  denied...

In this legal opinion, the  United States Court of Appeals for the Fifth Circuit  reviews a lawsuit regarding the  death of Darren Boykin  while in police custody. The court details how Boykin suffered a  fatal medical emergency  triggered by a physical pursuit, which officers initially mistook for simple exhaustion. Although his family sued the involved officers for  deliberate indifference , the...

This episode discusses a  revised opinion  from the  United States Court of Appeals for the Fifth Circuit  affirming the convictions of  Jon Phillip Page, Jr.  for  conspiracy to commit bank fraud and money laundering . The court addressed several procedural challenges, ultimately ruling that the  district judge  was not required to recuse himself despite his prior legal representation of the vict...

This episode details a  Fifth Circuit Court of Appeals  ruling regarding  Brenda Brenyah’s  employment lawsuit against  Corpus Christi Medical Center . While the court upheld the dismissal of most of her claims, including  disability discrimination  and  retaliation , it revived her  hostile work environment  claims related to race and national origin. The judges determined that Brenyah provided s...

This judicial opinion from the  Fifth Circuit Court of Appeals  addresses a jurisdictional dispute in a school desegregation case lasting over sixty years. After the remaining parties filed a  joint stipulation of dismissal  under  Rule 41(a)(1)(A)(ii) , the district court refused to end the litigation, instead ordering hearings to evaluate the school district's progress. The appellate majorit...

In this  Fifth Circuit Court of Appeals  decision, the court examines a case involving the  fatal shooting of a puppy  by a New Orleans police officer. While a jury found the officer's actions  objectively unreasonable , it also granted him  qualified immunity , a result the appellate court upheld as a proper application of legal and factual labor between the judge and jury. However, the court...

This episode is a  judicial opinion  from the  Fifth Circuit Court of Appeals  concerning the case of  United States v. Allred . The court ultimately  affirms the conviction  of Jeremy Scott Allred, ruling that the federal law prohibiting  domestic violence misdemeanants  from possessing firearms is constitutional. The majority opinion concludes that disarming individuals who have committed  viole...

This episode is a  legal opinion from the Fifth Circuit Court of Appeals  regarding the case of James Anthony Kirkwood, who was ordered to pay restitution for a victim's  psychological trauma and lost wages  following a robbery. The appellate court examined whether the  Mandatory Victims Restitution Act (MVRA)  allows for such financial awards when the victim suffered  purely mental anguish  r...

This episode details a  Fifth Circuit Court of Appeals  decision regarding a dispute between the  Jefferson Parish Firefighters Association  and the  Louisiana Board of Ethics . The conflict originated when the board ruled that the union could not fund legal counsel for members while a union officer served on the  Fire Civil Service Board , prompting a lawsuit over  First Amendment  rights. Howeve...

In this judicial opinion from the  Fifth Circuit Court of Appeals , the court addresses a legal challenge against the  Maritime Administration (MARAD)  regarding the approval of a deepwater port project. The petitioner, an environmental group called  Better Brazoria , argued that the agency violated the  Deepwater Port Act  by improperly defining the "application area" for the  Texas Gul...

This episode discusses an opinion from the  United States Court of Appeals for the Fifth Circuit  regarding the legality of  Texas Senate Bill 1 . The court  reversed  a lower court's decision that had previously blocked several sections of the law intended to enhance  election integrity . The judges determined that the challenging parties lacked  legal standing  because they could not prove a...

In the case of  Sirius Solutions, L.L.L.P. v. Commissioner of Internal Revenue , the United States Court of Appeals for the Fifth Circuit addressed the tax liability of partners within a limited liability limited partnership. The central dispute involves the federal definition of a  "limited partner"  under 26 U.S.C. § 1402(a)(13), which determines whether partnership income is exempt fr...

In this legal opinion, the  Fifth Circuit Court of Appeals  affirms a significant financial sanction against  NexPoint Real Estate Partners  for abusing the bankruptcy process. The court found that the company, formerly known as  HCRE , filed a  baseless proof of claim  involving a property investment project and pursued it through years of  bad faith litigation . Evidence revealed that the compan...

This legal opinion from the  United States Court of Appeals for the Fifth Circuit  details the failed appeal of  Terrance Morgan , whose  supervised release  was revoked following multiple violations. While on supervision, Morgan failed several  drug tests , neglected to report to his  probation officer , and was convicted of  domestic battery . Although Morgan successfully finished a  substance a...