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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Author

Daniel W. Swear

Category

Education

Podcast website

podcasters.spotify.com

Latest episode

Oct 28, 2026

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Episodes

The Rejection of Constructive Presence in Citizenship Claims 15.08.2026

The  United States Court of Appeals for the Fifth Circuit  recently issued an opinion affirming the denial of citizenship claims for an uncle and nephew born in  Mexico . The appellants argued that they inherited  American citizenship  from an ancestor born in Kansas, but the court ruled they failed to meet the statutory  physical presence requirements  mandated by federal law. Specifically, the c...

Hunter Marine Group v. Inland Dredging: Limitation of Liability Ruling 15.08.2026

This 2026 legal opinion from the  United States Court of Appeals for the Fifth Circuit  addresses whether a vessel owner can limit financial liability following a maritime accident. The case involves a commercial workboat, the  M/V MS Adalyn , which ran aground on the Alabama River while transporting eight employees of a dredging company. Central to the dispute is the  Limitation of Liability Act...

Barrier v. United States: Reversing Summary Judgment on Scope of Employment 14.08.2026

This episode details a  legal appeal  before the  Fifth Circuit Court of Appeals  concerning a personal injury lawsuit filed under the  Federal Tort Claims Act . The case involves a  Customs and Border Protection agent  who struck a pedestrian with his vehicle while leaving a station to pick up  donated supplies  for a union-related errand. Initially, a lower court granted  summary judgment  for t...

Louisiana Act 358 and Federal 340B Drug Pricing Preemption 13.08.2026

This legal opinion from the  Fifth Circuit Court of Appeals  addresses a consolidated challenge by  pharmaceutical companies  against  Louisiana’s Act 358 , which prohibits manufacturers from restricting the delivery of discounted drugs to  contract pharmacies . The court explores the  340B Drug Pricing Program , a federal initiative designed to help  vulnerable patients  access affordable medicat...

20100 Eastex v. Saltgrass: Disputed Covenants and Drafter Intent 12.08.2026

This legal opinion from the  Fifth Circuit Court of Appeals  addresses a long-standing property dispute between  20100 Eastex, L.L.C.  and  Saltgrass, Incorporated  regarding restrictive covenants on land in Texas. The central conflict involves whether a  Reciprocal Easement Agreement  required Eastex to obtain written permission from Saltgrass before demolishing an existing building to construct...

The Fifth Circuit Decision on No Surprises Act Rulemaking 12.08.2026

This case from the  Fifth Circuit Court of Appeals  addresses legal challenges to the  No Surprises Act , a federal law designed to protect patients from unexpected medical bills. The court primarily examines the  Qualifying Payment Amount (QPA) , which serves as a benchmark for determining how much insurers must pay out-of-network providers. The majority ruling finds that federal agencies acted u...

Preserving the Process: Challenging the Department of Energy’s Appliance Mandates 12.08.2026

This case from the  Fifth Circuit Court of Appeals  addresses a legal challenge brought by several states against the  Department of Energy  regarding new efficiency standards for  household cooking appliances . The court primarily examined the agency's use of a  Direct Final Rule , a procedural shortcut intended only for noncontroversial regulations that have achieved broad consensus among st...

Fifth Circuit Ruling on Due Process and Immigration Detention 11.08.2026

This 2026  Fifth Circuit Court of Appeals  ruling addresses the mandatory detention of three noncitizens who lived in the United States for over a decade despite never being lawfully admitted. The  Department of Homeland Security  argued that under  8 U.S.C. § 1225 , these individuals must be detained without bond throughout their removal proceedings. However, the court's majority held that th...

United States v. Williams: Sentencing Enhancements and Crimes of Violence 10.08.2026

This episode from the  Fifth Circuit Court of Appeals  details the judicial review of  Paul Anthony Williams's  sentence following his guilty plea for  illegal firearm possession . The court examined whether a prior  California robbery conviction  should be classified as a  crime of violence , ultimately ruling that the  Sentencing Guidelines  do not require a specific intent for such a design...

Defining the "Relating To" Standard in Federal Sentencing 10.08.2026

In this legal opinion, the  Fifth Circuit Court of Appeals  addresses an appeal by Ignacio Sanchez Mendoza, III, following his guilty plea for receiving  child pornography . The court first examines whether a  sentencing enhancement  was properly applied based on a prior state conviction, ultimately ruling that the phrase  "relating to"  in federal law should be interpreted broadly to in...

Urine Specimen Validity and Creatinine Normalization Methods 10.08.2026

Urine is the primary sample for  drug screening , but its reliability can be undermined by  intentional or accidental dilution . These sources explain that laboratories perform  specimen validity tests  to monitor integrity by measuring  creatinine levels ,  specific gravity ,  pH , and the presence of  oxidizing agents . When a sample has a  creatinine concentration  below 20 mg/dL, it is classif...

Texas Tobacco Barn v. Department of Health and Human Services 07.08.2026

In  Texas Tobacco Barn, L.L.C. v. HHS , the United States Court of Appeals for the Fifth Circuit addressed whether federal agencies can impose  civil penalties  without a jury trial. The court  vacated a $19,192 fine  against a vape manufacturer, ruling that the administrative proceeding violated the  Seventh Amendment . While the court upheld the FDA's legal authority to regulate e-cigarettes...

United States v. Karina Deluna: Straw Purchasing Appeal 07.08.2026

This episode discusses a  formal opinion  from the  United States Court of Appeals for the Fifth Circuit  regarding the criminal appeal of  Karina Deluna . The defendant was originally convicted of  conspiracy  and multiple counts of  making false statements  during the illegal acquisition of firearms, a practice commonly known as  straw purchasing . Deluna challenged her conviction by arguing tha...

Salaruddin Eqbal v. Todd Wallace Blanche 07.08.2026

In the legal case  Salaruddin Eqbal v. Todd Wallace Blanche , the  United States Court of Appeals for the Fifth Circuit  reviewed a challenge to a deportation order. The petitioner, a former  Afghan security official , sought  asylum  after fleeing the  Taliban , but his request was initially denied due to an  adverse credibility determination  regarding his work history. The appellate court found...

The Benton County Conspiracy: Knighton v. Graves 07.08.2026

This episode details a  ruling by the United States Court of Appeals for the Fifth Circuit  regarding a lawsuit filed by Chelsea Knighton against county officials and her former mother-in-law. The case involves  allegations of fabricated evidence, excessive force, and unlawful seizure  following a disputed drug test that led to Knighton losing custody of her children. While the district court init...

Rivera v. Taylor: Immunity in Operation Lone Star Detention 07.08.2026

This case from the  Fifth Circuit Court of Appeals  addresses a lawsuit involving  Moctezuma Rivera-Castelan , a migrant detained for months without a lawyer under  Operation Lone Star . The plaintiff alleged that  Ronny Taylor , a detention facility administrator, violated his  Sixth Amendment  rights by failing to process his request for counsel in a timely manner. Central to the dispute was whe...

Adler v. Energy Debt Holdings: Judicial Estoppel in Bankruptcy 07.08.2026

This legal opinion from the  Fifth Circuit Court of Appeals  addresses a dispute over loan priority within a  Chapter 11 bankruptcy  case. The court  affirmed  the dismissal of Joshua Adler’s claim, which sought to establish his note as senior to one held by  Energy Debt Holdings . While the lower court relied on  judicial estoppel  to bar the suit, the appellate court concluded that the claim was...

MAPP v. Floor and Decor: Unenforceable Adhesionary Arbitration Clause 07.08.2026

This case from the  Fifth Circuit Court of Appeals  details a dispute between  Floor and Decor Outlets of America  and its former contractor,  MAPP, L.L.C.  The central conflict involves the retailer's attempt to  compel arbitration  following a contract termination and a subsequent three-million-dollar demand from the contractor. While a lower court initially blocked arbitration because the r...

Fifth Circuit Ruling on New Orleans Short-Term Rental Ordinances 07.08.2026

In this legal opinion, the  Fifth Circuit Court of Appeals  upholds two  New Orleans ordinances  designed to regulate the city's  short-term rental market . The court first determines that a  zoning rule  limiting licenses to one per block is not an unconstitutional  taking of property , as it neither physically occupies the land nor severely impacts the owners'  economic interests . Addit...

United States v. Kendall: Supervision Revocation and Sentencing Mootness 06.08.2026

This epsiode from the  Fifth Circuit Court of Appeals  addresses an appeal by  William Scott Kendall  regarding the conditions of his  supervised release . Although Kendall’s original supervision was revoked a second time during the appeal process, the court determined the case was  not moot  because the subsequent revocation was based on conditions that may have been  invalidly imposed . The cour...

Constitutional Limits on State Residency Rules for Professional Licensure 05.08.2026

In the case of  Polk v. Crawford , the  United States Court of Appeals for the Fifth Circuit  addressed whether Texas could constitutionally deny an  escrow-officer license  based solely on an applicant's geographic residency. The plaintiff, an attorney living in Illinois, challenged a state law that restricts licenses to residents of  Texas or its adjacent states , arguing it violated the  Pr...

Estate of Fields v. Commissioner: The $6 Million Deficiency 05.08.2026

This episode is a  judicial opinion  from the  United States Court of Appeals for the Fifth Circuit  regarding the  Estate of Anne Milner Fields . The court affirmed a  tax deficiency  and  negligence penalty  against the estate after the decedent’s nephew transferred  $17 million in assets  into a limited partnership shortly before her death. This maneuver attempted to reduce the  taxable value  ...

Texas Force Majeure and Natural Gas Supply Certification 05.08.2026

This episode details a  contractual dispute  between MIECO L.L.C. and Targa Gas Marketing L.L.C. regarding the delivery of  natural gas  during  Winter Storm Uri . The central conflict involves whether a gas supplier must purchase expensive fuel from the  spot market  to satisfy its obligations when a regional disaster triggers a  force majeure  clause. While a lower court initially excused the su...

Standing Denied: Texas Firearm Signage and the Right to Exclude 05.08.2026

This episode from the  Fifth Circuit Court of Appeals  details a lawsuit brought by  Bay Area Unitarian Universalist Church  and local businesses against  Texas law enforcement officials . The plaintiffs challenged state statutes requiring specific, large-scale signage to legally prohibit  licensed handgun carriers  from entering their private property, arguing these mandates violate their  First...

Holloway v. Procter & Gamble: Fifth Circuit Employment Opinion 05.08.2026

This episode details a  Fifth Circuit Court of Appeals  decision affirming a summary judgment in favor of  Procter & Gamble  against a former employee, Brandon Holloway. Holloway alleged  racial discrimination ,  retaliation , and  whistleblower violations  following his termination, but the court found his claims lacked sufficient evidence to prove the company's reasons for firing him wer...

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