No Flakes

The Fifth Circuit noted a limit on its Flakes opinion in Oliver v. Saadi, No. 05-17-01403-CV (Aug. 30, 2019) (mem. op.): “Oliver is obliged to attack every ground that by and of its own force could have produced the judgment. He is not obliged to marshal and attack every subsidiary argument and citation to authority that may have informed the trial court’s thinking along the way. To be sure, the arguments relating to the admission or exclusion of evidence may vary and here include qualifications, reliability, and relevance. But none of these interstitial evidentiary debates would amount either to a ‘ground’ for summary judgment on their own account.”