Daniel W. Swear

Swear on the Stand

Court decisions are complex and difficult to digest. This podcast is designed to educating listeners on current legal decisions in a fun and interesting way. Researched by me and produced with the assistance of AI.

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Autor

Daniel W. Swear

Categoría

Education

Web del podcast

podcasters.spotify.com

Último episodio

27 de oct. de 2026

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Episodios

Frankfort v. Metropolis Technologies 05.10.2026

In Frankfort v. Metropolis Technologies , the Fifth Circuit Court of Appeals reviewed a lower court's dismissal of a class-action lawsuit filed by drivers Curtis Goodban and Todd Frankfort against parking technology company Metropolis Technologies . The plaintiffs claimed that Metropolis violated the Fair Debt Collection Practices Act (FDCPA) through an alleged scheme of issuing exorbitant Vio...

Phillips v. Ethicon Endo-Surgery 05.10.2026

In these consolidated appeals , the United States Court of Appeals for the Fifth Circuit reviewed two related Texas products liability cases arising from a patient's tragic death following colon surgery involving a surgical stapler and staples. The plaintiffs, consisting of the decedent's widow and four children , initially sued certain corporate entities for breach of warranty and defecti...

Fifth Circuit Trade Secrets Appeal 05.10.2026

The United States Court of Appeals for the Fifth Circuit issued a ruling in an intellectual property dispute between Pittsburgh Logistics Systems and Glen Rose Transportation Management . The appellate court affirmed the lower court's judgment that dismissed the plaintiff's trade secret and unjust enrichment claims following a jury verdict for the defense. Additionally, the panel upheld th...

United States v. Serna 02.10.2026

In United States v. Luis Andres Serna , the Fifth Circuit Court of Appeals affirmed the lower court's decision denying the defendant a jury instruction regarding the age of his victim. Serna had argued that under 18 U.S.C. § 2251(a) , the government was required to prove he knew the victim was a minor because he operated as a non-commercial producer of child pornography. However, the appellate...

Domanic v. Christian Brothers Automotive 01.10.2026

The Fifth Circuit considered an appeal regarding whether a faith-based auto-repair franchise that exclusively partners with professing Christians unlawfully discriminated against Evan Domanic, an ethnic and religious Jew , by denying him a franchise. Domanic sued under 42 U.S.C. § 1981 , arguing that prejudice against Jewish individuals constitutes inseparable racial discrimination, but the appell...

Denial of Certificate of Appealability for Gerald Marshall 23.09.2026

This episode discusses a formal opinion from the United States Court of Appeals for the Fifth Circuit regarding the capital murder case of Gerald Marshall . After Marshall was sentenced to death for a 2003 robbery and shooting, he sought a certificate of appealability to challenge several constitutional and procedural issues. The court systematically reviews his allegations, which include claims o...

Unconstitutional Interstate Handgun Sales: The Fifth Circuit Opinion 21.09.2026

In Elite Precision Customs L.L.C. v. ATF , the Fifth Circuit Court of Appeals invalidated federal laws that prohibit the interstate sale and delivery of handguns to nonresidents. The court determined that because the Second Amendment protects the right to acquire firearms, any categorical ban on such purchases is presumptively unconstitutional . Applying the legal framework established in Bruen ,...

United States v. Chaney: Enforcing the Appeal Waiver Standard 18.09.2026

In this judicial opinion, the Fifth Circuit Court of Appeals reaffirms the dismissal of Devin Chaney's appeal regarding his sentencing as a career offender . Following a remand from the Supreme Court , the court examined whether a new "miscarriage of justice" exception could invalidate Chaney’s original appeal waiver . The judges determined that the alleged sentencing errors regardin...

Crawford v. West Texas A&M University Retaliation Ruling 18.09.2026

This episode details a retaliation lawsuit filed by Nathan Crawford, a former police officer at West Texas A&M University . The case centers on Crawford’s claim that he was disciplined and forced out of his job after corroborating sexual misconduct allegations against a fellow officer. While a lower court initially dismissed the suit, the appellate judges reversed that decision , finding signi...

Rash v. Lafayette County: The Courthouse Art Exhibition Dispute 18.09.2026

This episode outlines a ruling by the United States Court of Appeals for the Fifth Circuit regarding a dispute over the use of public courthouse grounds for artistic expression. The case involves John Rash , a university professor who was denied a permit to host a nighttime art exhibition based on Lafayette County’s restrictive facility use policies. The court upheld a permanent injunction against...

Legal Vacatur of the EPA Methylene Chloride Rule 16.09.2026

This episode discusses a judicial opinion from the United States Court of Appeals for the Fifth Circuit regarding the regulation of methylene chloride . The court vacated a strict rule by the Environmental Protection Agency (EPA) that sought to nearly eliminate the chemical's market under the Toxic Substances Control Act . According to the ruling, the EPA committed legal errors by adopting a &...

Ramirez v. Guerrero: Appeal for Certificate of Appealability 16.09.2026

This episode outlines the denial of a certificate of appealability for Juan Raul Navarro Ramirez , a Texas inmate sentenced to death for capital murder. The majority opinion concludes that Ramirez failed to meet the procedural and substantive requirements to appeal his claims regarding ineffective assistance of counsel and the voluntariness of his confession . Specifically, the court found that hi...

Harward v. City of Austin: Equal Protection and Abstention 15.09.2026

This episode details a jurisdictional conflict between property owners and the City of Austin regarding shoreline land along Lake Austin. The dispute centers on a 2019 ordinance that reclassified these properties into the city's full-purpose jurisdiction , thereby subjecting residents to higher taxes without a corresponding increase in municipal services. While the district court previously pa...

The Insurance Battle for My 600-lb Life 15.09.2026

This episode details a dispute between Megalomedia , the production company behind My 600-lb Life , and its insurer, Philadelphia Indemnity . The insurer denied coverage for lawsuits filed by show participants, citing a policy provision that excludes "reality shows" from liability protection. While the production company argued on appeal that the term is ambiguous , the court found this...

Sahs v. Loyola: Federal Limits on State Anti-SLAPP Laws 14.09.2026

In the legal case Sahs v. Loyola University New Orleans , the United States Court of Appeals for the Fifth Circuit addressed whether a Louisiana anti-SLAPP statute applies in federal diversity cases. The dispute began after Luke Sahs sued the university for defamation following his arrest for stalking, an incident involving allegations of chemical threats that were later dismissed. Loyola attempte...

Fifth Circuit Review: The Lesser Prairie-Chicken Listing Settlement 14.09.2026

This legal opinion from the Fifth Circuit Court of Appeals addresses a dispute over the endangered species listing of the lesser prairie-chicken . Following a shift in presidential administrations in 2025, the Fish and Wildlife Service stopped defending the bird's protected status to settle with state and industry plaintiffs . Two conservation groups attempted to intervene to defend the protec...

The Eriakha Academic Misconduct and Constitutional Litigation Appeal 10.09.2026

This episode discusses a  Fifth Circuit Court of Appeals opinion  regarding a lawsuit filed by  Ehiremen Bennard Eriakha  against the  University of Mississippi  and its faculty. The case originated from  academic disputes  involving mandatory progress assessments and changes to doctoral mentorship structures, which the plaintiff claimed were  retaliatory and discriminatory . The court determined...

IFG Port Holdings v. Port of Lake Charles 09.09.2026

This episode discusses the  vacatur of a $125 million judgment  due to an undisclosed relationship between a  magistrate judge and a trial attorney . The majority opinion affirms the decision to void the original trial because the judge failed to reveal a  forty-year personal friendship  with the plaintiff's lead counsel, preventing the defendant from giving  knowing and intelligent consent  t...

United States v. Nyandoro: Testing the Miscarriage of Justice Exception 08.09.2026

This episode addresses whether a defendant can bypass an  appeal waiver  following a  Supreme Court remand . The defendant, Kenleone Joe Nyandoro, sought to challenge his conviction for  firearm possession  by an unlawful drug user, arguing the underlying statute was  unconstitutional . Under the "miscarriage of justice" exception established in  Hunter I , the court evaluated whether th...

Okene v. Blanche: Review of Immigration Cancellation Denials 08.09.2026

In this legal opinion, the  United States Court of Appeals for the Fifth Circuit  denies a petition for review filed by  Wilberforce Okene , a Nigerian citizen facing deportation. The court examines whether the  Board of Immigration Appeals  correctly affirmed a lower ruling that denied Okene  cancellation of removal  and special relief under the  Violence Against Women Act . While the petitioner...

The Constitutional Boundaries of Public Water Crisis Liability 08.09.2026

This episode details a  Fifth Circuit Court of Appeals  decision regarding a lawsuit filed by residents of  Jackson, Mississippi , following a severe public water crisis involving lead contamination. The majority opinion  affirms the dismissal  of the plaintiffs' claims, ruling that there is no "deeply rooted" constitutional right to clean water or truthful information from public of...

Lucid Group USA v. Texas DMV: Direct Sales Prohibition Ruling 08.09.2026

A  Fifth Circuit Court of Appeals  ruling that upholds a  Texas law  prohibiting car manufacturers from selling vehicles directly to consumers. The electric vehicle manufacturer  Lucid Group  challenged this ban, arguing it violated constitutional  Equal Protection and Due Process  rights by preventing their direct-sales business model. The court ultimately  affirmed the district court's judgm...

Starbucks Corporation v. National Labor Relations Board 08.09.2026

This episode details a  Fifth Circuit Court of Appeals  ruling regarding a dispute between  Starbucks Corporation  and the  National Labor Relations Board . The court reviewed allegations that store managers in Wichita, Kansas, violated the  National Labor Relations Act  by making coercive statements to employees during unionization efforts. Specifically, the judges examined whether management unl...

The End of the NFA Taxing Power Authority 04.09.2026

This federal court order declares that several regulatory provisions of the  National Firearms Act (NFA)  are  unconstitutional  regarding firearms that are no longer subject to federal taxes. The court reasons that because Congress recently  eliminated the making and transfer taxes  for short-barreled rifles, shotguns, and silencers, the NFA can no longer be sustained under the  Taxing Clause . F...

Ramirez v. Texas City: Denial of Jury Trial Appeal 04.09.2026

This episode discusses a  legal opinion  from the  United States Court of Appeals for the Fifth Circuit  regarding a property dispute between  Michael Ramirez  and the  City of Texas City . Ramirez sued the city for  procedural due process violations  after officials demolished his fire-damaged home and personal property without providing adequate notice. Although the district court initially foun...

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