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.

Swear on the Stand is a education podcast hosted by Daniel W. Swear, with 305 episodes on record and a Required Pod Score of 80. PitchCentric scores this show on Booking Probability, Listen Score, and live audience signals refreshed every 24 hours.

Daniel W. Swear hosts Swear on the Stand, a education show with 305 episodes published.

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  Swear on the Stand

  Harward v. City of Austin: Equal Protection and Abstention

  Sep 15, 202651 min

  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 paused the case by applying the Pullman abstention doctrine, the appellate court reversed this decision, ruling that the homeowners’ federal equal-protection claims do not rely on unresolved issues of state law. The court also rejected the city's argument that a new state statute rendered the case moot , noting that many owners still face financial burdens and unresolved status. Ultimately, the case has been remanded for further review, requiring the lower court to finally address the remaining legal challenges and the merits of the homeowners' claims.

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  Swear on the Stand

  The Insurance Battle for My 600-lb Life

  Sep 15, 202649 min

  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 argument was forfeited because the company had previously characterized its own program as a reality show during district court proceedings. A concurring opinion emphasizes the necessity of maintaining consistent legal positions to preserve judicial resources and integrity. Conversely, a lengthy dissent argues that the "reality show" exclusion is inherently indeterminate and that the court has an independent duty to apply the law correctly regardless of a party's inconsistent arguments. Ultimately, the court affirmed the lower court’s judgment , leaving the production company responsible for its own legal defense.

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  Swear on the Stand

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

  Sep 13, 202649 min

  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 attempted to dismiss the lawsuit using Article 971 , a state law designed to quickly halt meritless litigation that chills First Amendment rights . The court determined that it held interlocutory jurisdiction to hear the appeal, despite conflicting views from other judicial circuits regarding the collateral-order doctrine . Ultimately, the judges affirmed that Article 971 cannot be used in federal court because its burden-shifting framework and discovery stays directly conflict with Federal Rules of Civil Procedure 12 and 56 . Under the Rules Enabling Act , these federal procedural standards must prevail over contrary state laws when determining if a case should proceed to trial.

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  Swear on the Stand

  Fifth Circuit Review: The Lesser Prairie-Chicken Listing Settlement

  Sep 13, 20261h 6m

  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 protections, but the district court rejected their request as late and subsequently vacated the listing . The appellate court reversed the denial of intervention, ruling that the groups acted promptly once it became clear the government would no longer represent their interests. However, the court declined to reinstate the species' protections, finding that the environmental organizations lacked the necessary appellate standing to challenge the lower court's merits decision.

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  Swear on the Stand

  The Eriakha Academic Misconduct and Constitutional Litigation Appeal

  Sep 10, 202653 min

  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 that the university was protected by sovereign immunity and that individual faculty members were entitled to qualified immunity because no constitutional rights were clearly violated. Ultimately, the court upheld the dismissal of the federal claims, noting that the student failed to provide facts transforming a standard academic disagreement into a plausible civil rights violation. The ruling concludes by affirming the lower court's decision , with a minor technical correction that immunity-based dismissals be recorded without prejudice.

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