5th Circuit Case Commentaries

Seizure Figures Alone Do Not Cap Sentencing Drug Quantities

Date: Nov 4, 2026

Seizure Figures Alone Do Not Cap Sentencing Drug Quantities Case: United States v. Dew, No. 25-30623 Court: United States Court of Appeals for the Fifth Circuit Decision date: November 2, 2026...

Constructive Amendment on Plain-Error Review: Advance Notice and Strong Evidence Can Defeat Reversal

Date: Nov 4, 2026

Constructive Amendment on Plain-Error Review: Advance Notice and Strong Evidence Can Defeat Reversal Case: United States v. Herndon Court: United States Court of Appeals for the Fifth Circuit...

Later Dismissal Supports Appellate Jurisdiction; Unpronounced Reentry Reporting Duties Cannot Stand

Date: Nov 3, 2026

Later Dismissal Supports Appellate Jurisdiction; Unpronounced Reentry Reporting Duties Cannot Stand Case: United States v. Martinez-Ornelas Court: United States Court of Appeals for the Fifth Circuit...

Business-Asset Depletion Can Satisfy the Hobbs Act; Factual Admissions Do Not Guarantee Sentencing Credit

Date: Nov 3, 2026

Business-Asset Depletion Can Satisfy the Hobbs Act; Factual Admissions Do Not Guarantee Sentencing Credit Case: United States v. Patton, No. 25-20494 Court: United States Court of Appeals for the...

Texas Escrow Liability: Mutual Assent, Foreseeable Harm, and the Difference Between an Opinion and a Promise

Date: Nov 3, 2026

Texas Escrow Liability: Mutual Assent, Foreseeable Harm, and the Difference Between an Opinion and a Promise Case: 82 Glenwood Ave v. Kane Court: United States Court of Appeals for the Fifth Circuit...

Maritime Toxic-Tort Claims Require Reliable, Injury-Specific Expert Causation Evidence

Date: Nov 2, 2026

Maritime Toxic-Tort Claims Require Reliable, Injury-Specific Expert Causation Evidence Dufour v. BP Expl & Prod United States Court of Appeals for the Fifth Circuit No. 23-60361 · October 27, 2026...

Completed-Operations Coverage Requires a Pleaded Connection to the Insured’s Work, Not Merely the Accident Site

Date: Nov 2, 2026

Completed-Operations Coverage Requires a Pleaded Connection to the Insured’s Work, Not Merely the Accident Site Case: Liberty v. North Tarrant, No. 25-10725 Court: United States Court of Appeals for...

Immigration Reopening: Equitable Tolling Requires Diligence and an Extraordinary Obstacle

Date: Nov 2, 2026

Immigration Reopening: Equitable Tolling Requires Diligence and an Extraordinary Obstacle Case: Moriano-Ospina v. Blanche, No. 25-60430 Court: United States Court of Appeals for the Fifth Circuit...

Public Officials Cannot Invoke Qualified Immunity Against FLSA Retaliation Claims

Date: Nov 2, 2026

Public Officials Cannot Invoke Qualified Immunity Against FLSA Retaliation Claims Commentary on Stramaski v. Lawley United States Court of Appeals for the Fifth Circuit No. 25-20348 — October 27,...

Section 1782 Applications Are Dispositive: De Novo Review and Respect for Stage-Specific Foreign Discovery Rulings

Date: Nov 2, 2026

Section 1782 Applications Are Dispositive: De Novo Review and Respect for Stage-Specific Foreign Discovery Rulings Case: Motorola v. ASC Court: United States Court of Appeals for the Fifth Circuit...

Ordinary Sentencing Guidelines Errors Do Not Defeat a Knowing Appeal Waiver: Applying Hunter’s Miscarriage-of-Justice Exception

Date: Nov 2, 2026

Ordinary Sentencing Guidelines Errors Do Not Defeat a Knowing Appeal Waiver: Applying Hunter’s Miscarriage-of-Justice Exception Case: United States v. Harris, No. 25-60017 Court: United States Court...

Defective Diversity Allegations and the Limits of Sua Sponte Remand

Date: Nov 2, 2026

Defective Diversity Allegations and the Limits of Sua Sponte Remand Case: De Chavez v. UPS Court: United States Court of Appeals for the Fifth Circuit Date: October 30, 2026 Opinion: Judge James C....

BIA Must Address Material Caregiving Evidence Before Denying Equitable Tolling

Date: Nov 2, 2026

BIA Must Address Material Caregiving Evidence Before Denying Equitable Tolling Case: Perez Rojas v. Blanche, No. 26-60044 Court: United States Court of Appeals for the Fifth Circuit Decision date:...

Ambiguous Class Narrowing Does Not End American Pipe Tolling

Date: Oct 28, 2026

Ambiguous Class Narrowing Does Not End American Pipe Tolling Case: Bien v. Union Pacific Court: United States Court of Appeals for the Fifth Circuit Decided: October 26, 2026 Opinion by: Judge Jerry...

Angel v. Mullin: No Automatic Constitutional Right to a Bond Hearing Under § 1225(b)(2)(A)

Date: Oct 27, 2026

Angel v. Mullin: No Automatic Constitutional Right to a Bond Hearing Under § 1225(b)(2)(A) Court: United States Court of Appeals for the Fifth Circuit, en banc Date: October 23, 2026 Consolidated...

Lucio v. Brownsville ISD: Official-Duty Expression and Criminal-Case Use Limit Constitutional Retaliation and Self-Incrimination Claims

Date: Oct 27, 2026

Official-Duty Expression and Criminal-Case Use: The Constitutional Limits Applied in Lucio v. Brownsville ISD Court: United States Court of Appeals for the Fifth Circuit Decision: October 23, 2026...

No Automatic Bond Hearings for Unadmitted Noncitizens: Due Process Under § 1225(b)(2)(A)

Date: Oct 27, 2026

No Automatic Bond Hearings for Unadmitted Noncitizens: Due Process Under § 1225(b)(2)(A) United States Court of Appeals for the Fifth Circuit, en banc — October 23, 2026 Case: The supplied opinion...

Identifiable Health-Related Website Tracking Can Establish Privacy Injury and Survive Dismissal

Date: Oct 27, 2026

Identifiable Health-Related Website Tracking Can Establish Privacy Injury and Survive Dismissal Case: Rand v. Eyemart Express Court: United States Court of Appeals for the Fifth Circuit Date: October...

Unadmitted Residents Have No Automatic Constitutional Right to Bond Hearings Pending Removal

Date: Oct 27, 2026

Unadmitted Residents Have No Automatic Constitutional Right to Bond Hearings Pending Removal Sosnava Rodriguez v. Vergara United States Court of Appeals for the Fifth Circuit, en banc October 23,...

LLC-Only Insurance Does Not Cover an Owner’s Personal Income Loss: Capacity, Proof, and Summary Judgment

Date: Oct 27, 2026

LLC-Only Insurance Does Not Cover an Owner’s Personal Income Loss: Capacity, Proof, and Summary Judgment Case: Ward v. State Farm Court: United States Court of Appeals for the Fifth Circuit Decision...