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.
Обов'язково відвідайте сайт подкасту та підтримайте його автора: podcasters.spotify.com
Автор
Daniel W. Swear
Категорія
Сайт подкасту
Останній епізод
28 жов 2026
Де слухати?
Подкасти в застосунку Replaio Radio Уже незабаромПодкасти незабаром з'являться в застосунку. Встановіть уже зараз і першими побачте зовсім новий погляд на подкасти
Епізоди
Navejas v. City of El Paso 08.10.2026 50:05
Debbie Navejas filed a lawsuit as the representative of her deceased father, Armando Navejas , against Officer Steven Jaso and the City of El Paso following a tragic domestic-violence response where Armando was tased and subsequently died. The United States Court of Appeals for the Fifth Circuit reviewed the district court's decision to grant summary judgment in favor of both defendants. The a...
United States v. Koan 05.10.2026 35:29
The Fifth Circuit Court of Appeals reviewed the federal sentence of David Daniel Koan , who was convicted of producing child pornography after serving nearly forty months in Texas state custody for a related sexual assault. During his federal sentencing, defense counsel requested a sentence adjustment to account for the time already served in state prison, but the district court mistakenly believe...
Frankfort v. Metropolis Technologies 05.10.2026 46:47
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 44:07
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 42:17
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 37:18
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 41:03
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 53:58
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 50:53
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 44:12
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 40:36
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 37:17
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 55:44
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 39:42
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 50:34
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 48:57
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 49:11
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 1:05:56
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 52:48
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 44:31
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 40:32
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 32:02
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 45:07
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 25:32
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 56:11
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...
Схожі подкасти
Replaio не є видавцем подкастів; назви шоу, обкладинки та аудіо належать їхнім авторам і поширюються через публічні RSS-канали