Swear on the Stand

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Court of Appeals for the Fifth Circuit  details the failed appeal of  Terrance Morgan , whose  supervised release  was revoked following multiple violations.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...

This episode details a  ruling by the United States Court of Appeals for the Fifth Circuit  regarding the capital murder conviction of  Brittany Marlowe Holberg . The court primarily addresses whether the state of Texas violated  constitutional disclosure requirements  by failing to reveal the informant status of a witness who provided testimony about Holberg’s confession. While the defense argued...

This episode outlines a  Fifth Circuit Court of Appeals  decision regarding the deportation of  Peniel Olibris , a Haitian citizen and U.S. permanent resident convicted of  smuggling firearms  to Haiti. The court’s majority upheld a ruling that Olibris is removable under federal laws prohibiting the  unlawful export of goods , rejecting his argument that such statutes should only apply to specific...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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 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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...