October 29, 2026 at 8:21 PM
US v Herndon: #5thCir affirms convictions for sex trafficking children, rejecting argument that constructive amendment of indictment via jury instructions required reversal on plain error review #criminallaw #appellatesky #lawsky baffc.net/4zp7GR3
November 3, 2026 at 2:21 PM
US v Herndon: #5thCir affirms convictions for sex trafficking children, rejecting argument that constructive amendment of indictment via jury instructions required reversal on plain error review #criminallaw #appellatesky #lawsky baffc.net/4zp7GR3
Alamrew v Morgan: #5thCir grants motion to dismiss #immigration appeal as moot. Oldham, J., issues statement about misuses of immigration-related #habeas, abuse of immigration system #appellatesky #lawsky baffc.net/4A9MQFk
October 31, 2026 at 6:55 PM
Alamrew v Morgan: #5thCir grants motion to dismiss #immigration appeal as moot. Oldham, J., issues statement about misuses of immigration-related #habeas, abuse of immigration system #appellatesky #lawsky baffc.net/4A9MQFk
Bodin v New Orleans: #5thCir denies #rehearingenbanc 9/8 in challenge to #NOLA's #shorttermrental licensing scheme after panel affirmed dismissal of prospective hosts' Takings Clause claim & @Airbnb's preemption claim #appellatesky #lawsky baffc.net/4klbVIw
October 31, 2026 at 7:05 PM
Bodin v New Orleans: #5thCir denies #rehearingenbanc 9/8 in challenge to #NOLA's #shorttermrental licensing scheme after panel affirmed dismissal of prospective hosts' Takings Clause claim & @Airbnb's preemption claim #appellatesky #lawsky baffc.net/4klbVIw
Trader Joe's v NLRB: #5thCir grants #rehearingenbanc after panel affirmed ruling that TX #TraderJoe's violated #NLRA by issuing written warning to employee & suspending/terminating her after she engaged in protected conduct #appellatesky #lawsky baffc.net/4BA7EXM
October 31, 2026 at 7:16 PM
Trader Joe's v NLRB: #5thCir grants #rehearingenbanc after panel affirmed ruling that TX #TraderJoe's violated #NLRA by issuing written warning to employee & suspending/terminating her after she engaged in protected conduct #appellatesky #lawsky baffc.net/4BA7EXM
US v Harris: #5thCir, on remand from #SCOTUS, analyzes defendant's #appealwaiver under #Hunter; again enforces appeal waiver, finding no "miscarriage of justice"; again dismisses appeal of sentencing enhancements #appellatesky #lawsky baffc.net/4A6hiQD
October 30, 2026 at 4:05 PM
US v Harris: #5thCir, on remand from #SCOTUS, analyzes defendant's #appealwaiver under #Hunter; again enforces appeal waiver, finding no "miscarriage of justice"; again dismisses appeal of sentencing enhancements #appellatesky #lawsky baffc.net/4A6hiQD
Motorola v Advanced: #5thCir reverses order for discovery in aid of European proceedings: district court should have reviewed magistrate judge's order de novo, misapplied burden of proof, erred in weighing #Intel factors #appellatesky #lawsky baffc.net/3WjKRiS
October 30, 2026 at 5:03 PM
Motorola v Advanced: #5thCir reverses order for discovery in aid of European proceedings: district court should have reviewed magistrate judge's order de novo, misapplied burden of proof, erred in weighing #Intel factors #appellatesky #lawsky baffc.net/3WjKRiS
Students Engaged v Paxton: #5thCir grants #rehearingenbanc in appeal of injunction against Texas #HB18 (Securing Children Online through Parental Empowerment Act) regulating social media #SCOPEAct #standing #preemption #CDA #appellatesky #lawsky baffc.net/4zivEgJ
October 29, 2026 at 2:20 PM
Students Engaged v Paxton: #5thCir grants #rehearingenbanc in appeal of injunction against Texas #HB18 (Securing Children Online through Parental Empowerment Act) regulating social media #SCOPEAct #standing #preemption #CDA #appellatesky #lawsky baffc.net/4zivEgJ
These changes could have far-reaching consequences for political representation, federal funding, and civil rights enforcement.
The coalition is also requesting an extension of the public comment period to December 10.
#RuleOfLaw #AppellateSky
4/5
The coalition is also requesting an extension of the public comment period to December 10.
#RuleOfLaw #AppellateSky
4/5
October 29, 2026 at 5:24 PM
These changes could have far-reaching consequences for political representation, federal funding, and civil rights enforcement.
The coalition is also requesting an extension of the public comment period to December 10.
#RuleOfLaw #AppellateSky
4/5
The coalition is also requesting an extension of the public comment period to December 10.
#RuleOfLaw #AppellateSky
4/5
Stramaski v Lawley: #5thCir, on issue of first impression, holds that public official may not invoke #qualifiedimmunity in #FLSA retaliation suit, affirms denial of motion to dismiss #appellatesky #lawsky baffc.net/3UlZCkv
October 28, 2026 at 12:54 PM
Stramaski v Lawley: #5thCir, on issue of first impression, holds that public official may not invoke #qualifiedimmunity in #FLSA retaliation suit, affirms denial of motion to dismiss #appellatesky #lawsky baffc.net/3UlZCkv
DOJ may have lost its stupid "don't let California conduct its election" case, but I guess this jurisdictional argument worked (unless someone tells me there were later developments).
A new arrow in the quiver of #AppellateSky? Or is it a government-only doctrine?
A new arrow in the quiver of #AppellateSky? Or is it a government-only doctrine?
DOJ filed a notice of appeal of its TRO request in the US v. CA "likely noncitizens" voting case today.
Below is what DOJ's Julie Hamill wrote, including asserting that "the Court's silence is a constructive denial" of the request — while ignoring Carter's 10/21 order setting a hearing for 10/27:
Below is what DOJ's Julie Hamill wrote, including asserting that "the Court's silence is a constructive denial" of the request — while ignoring Carter's 10/21 order setting a hearing for 10/27:
October 27, 2026 at 3:22 PM
DOJ may have lost its stupid "don't let California conduct its election" case, but I guess this jurisdictional argument worked (unless someone tells me there were later developments).
A new arrow in the quiver of #AppellateSky? Or is it a government-only doctrine?
A new arrow in the quiver of #AppellateSky? Or is it a government-only doctrine?
Dufour v BP: #5thCir, applying maritime law, finds no error in excluding plaintiff's experts, affirms summary jm for BP in suit for exposure to toxic substances during #DeepwaterHorizon cleanup #dissent #Daubert #appellatesky #lawsky baffc.net/4e66w4h
October 28, 2026 at 1:07 PM
Dufour v BP: #5thCir, applying maritime law, finds no error in excluding plaintiff's experts, affirms summary jm for BP in suit for exposure to toxic substances during #DeepwaterHorizon cleanup #dissent #Daubert #appellatesky #lawsky baffc.net/4e66w4h
Bien v Union Pacific RR: #5thCir reverses dismissal of #ADA suit as time barred/remands: because plaintiff wasn't unambiguously excluded from Harris #classaction, statute of limitations was tolled under #AmericanPipe #appellatesky #lawsky baffc.net/47NACWC
October 27, 2026 at 2:08 PM
Bien v Union Pacific RR: #5thCir reverses dismissal of #ADA suit as time barred/remands: because plaintiff wasn't unambiguously excluded from Harris #classaction, statute of limitations was tolled under #AmericanPipe #appellatesky #lawsky baffc.net/47NACWC
Rand v Eyemart: #5thCir reverses dismissal of putative #classaction: plaintiffs had standing, sufficiently pled that use of Eyemart site led to unauthorized disclosure of private health info to Meta #HIPAA #appellatesky #lawsky baffc.net/48lHGd7
October 26, 2026 at 1:52 PM
Rand v Eyemart: #5thCir reverses dismissal of putative #classaction: plaintiffs had standing, sufficiently pled that use of Eyemart site led to unauthorized disclosure of private health info to Meta #HIPAA #appellatesky #lawsky baffc.net/48lHGd7
Lucio v Brownsville ISD: #5thCir affirms dismissal of #FifthAmendment & #FirstAmendment retaliation claims against school district by coach/teacher who refused to shake hands w/several board members at public event #dissent #appellatesky #lawsky baffc.net/4ijIHHk
October 26, 2026 at 1:32 PM
Lucio v Brownsville ISD: #5thCir affirms dismissal of #FifthAmendment & #FirstAmendment retaliation claims against school district by coach/teacher who refused to shake hands w/several board members at public event #dissent #appellatesky #lawsky baffc.net/4ijIHHk
Rodriguez v Vergara: #5thCir #enbanc 10/7 reverses habeas relief after panel ordered bond hearing w/in 90 days for aliens detained pending removal: no #dueprocess requirements beyond what Congress provided #concur #dissent #appellatesky #lawsky baffc.net/4sw0Sys
October 26, 2026 at 3:38 PM
Rodriguez v Vergara: #5thCir #enbanc 10/7 reverses habeas relief after panel ordered bond hearing w/in 90 days for aliens detained pending removal: no #dueprocess requirements beyond what Congress provided #concur #dissent #appellatesky #lawsky baffc.net/4sw0Sys
Knife Rights v Blanche: #5thCir holds 1958 #FederalSwitchbladeAct, banning interstate flow of switchblade knives, violates #SecondAmendment: plaintiffs had #standing; #knives are arms; Act fails #Bruen analysis #appellatesky #lawsky baffc.net/4i1dYA6
October 22, 2026 at 2:54 PM
Knife Rights v Blanche: #5thCir holds 1958 #FederalSwitchbladeAct, banning interstate flow of switchblade knives, violates #SecondAmendment: plaintiffs had #standing; #knives are arms; Act fails #Bruen analysis #appellatesky #lawsky baffc.net/4i1dYA6
Jackson Fed of Teachers v Fitch: #5thCir vacates preliminary injunction against MS anti-DEI statute, orders case reassigned on remand after "botch job" by district judge who used AI to draft orders, made grave legal errors #appellatesky #lawsky baffc.net/4dZ28nE
October 23, 2026 at 6:23 PM
Jackson Fed of Teachers v Fitch: #5thCir vacates preliminary injunction against MS anti-DEI statute, orders case reassigned on remand after "botch job" by district judge who used AI to draft orders, made grave legal errors #appellatesky #lawsky baffc.net/4dZ28nE
Quality Proc Serv v Whitney Oil: #5thCir affirms: master service agreement wasn't #maritime contract: evidence showed parties didn't expect vessel to play substantial role in contract completion #Doiron #appellatesky #lawsky baffc.net/4yytMPK
October 22, 2026 at 3:14 PM
Quality Proc Serv v Whitney Oil: #5thCir affirms: master service agreement wasn't #maritime contract: evidence showed parties didn't expect vessel to play substantial role in contract completion #Doiron #appellatesky #lawsky baffc.net/4yytMPK
US v Estrada: #5thCir affirms denial of pro se prisoner's motion to terminate supervised release: despite pending appeal, district court had authority to transfer; district court acted w/in discretion in not ending supervision #appellatesky #lawsky baffc.net/4dU2OdZ
October 23, 2026 at 5:59 PM
US v Estrada: #5thCir affirms denial of pro se prisoner's motion to terminate supervised release: despite pending appeal, district court had authority to transfer; district court acted w/in discretion in not ending supervision #appellatesky #lawsky baffc.net/4dU2OdZ
La Union del Pueblo Entero v FEMA: #5thCir reverses partial summary jm for FEMA, remands: #FOIA's remedial provision vests courts w/power to address ongoing violations of reading room provisions by ordering materials be posted #appellatesky #lawsky baffc.net/4zRuWH7
October 23, 2026 at 6:42 PM
La Union del Pueblo Entero v FEMA: #5thCir reverses partial summary jm for FEMA, remands: #FOIA's remedial provision vests courts w/power to address ongoing violations of reading room provisions by ordering materials be posted #appellatesky #lawsky baffc.net/4zRuWH7
Garcia v US: #5thCir affirms government liability under #FTCA for death of hostage accidentally shot by federal agent, reverses/remands damages & fees so that fees would be 25% of original award #appellatesky #lawsky baffc.net/3UcGHZy
October 22, 2026 at 3:39 PM
Garcia v US: #5thCir affirms government liability under #FTCA for death of hostage accidentally shot by federal agent, reverses/remands damages & fees so that fees would be 25% of original award #appellatesky #lawsky baffc.net/3UcGHZy
Zahid v Blanche: #5thCir denies review to native of Afghanistan, upholding #BIA denial of CAT protection & denial of remand to consider new evidence: BIA properly screened new evidence instead of remanding to IJ #dissent #appellatesky #lawsky baffc.net/4sfrUtw
October 21, 2026 at 2:37 PM
Zahid v Blanche: #5thCir denies review to native of Afghanistan, upholding #BIA denial of CAT protection & denial of remand to consider new evidence: BIA properly screened new evidence instead of remanding to IJ #dissent #appellatesky #lawsky baffc.net/4sfrUtw
As lawyers, we know democracy and the rule of law cannot defend themselves.
Our responsibility doesn't end when the rally does.
Know your voting rights.
Make a plan to vote.
Help others do the same.
Democracy depends on what we do next.
#RuleOfLaw #appellatesky #SkyLaw
4/4
Our responsibility doesn't end when the rally does.
Know your voting rights.
Make a plan to vote.
Help others do the same.
Democracy depends on what we do next.
#RuleOfLaw #appellatesky #SkyLaw
4/4
October 19, 2026 at 4:34 PM
As lawyers, we know democracy and the rule of law cannot defend themselves.
Our responsibility doesn't end when the rally does.
Know your voting rights.
Make a plan to vote.
Help others do the same.
Democracy depends on what we do next.
#RuleOfLaw #appellatesky #SkyLaw
4/4
Our responsibility doesn't end when the rally does.
Know your voting rights.
Make a plan to vote.
Help others do the same.
Democracy depends on what we do next.
#RuleOfLaw #appellatesky #SkyLaw
4/4
Why didn’t anyone tell me that @jaimesantos.bsky.social was on the Original Jurisdiction podcast with @davidlat.bsky.social? Great Stuff. #firstgen #appellatesky.
October 16, 2026 at 9:30 PM
Why didn’t anyone tell me that @jaimesantos.bsky.social was on the Original Jurisdiction podcast with @davidlat.bsky.social? Great Stuff. #firstgen #appellatesky.