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  • Commentaries
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5th Circuit Case Commentaries

United States v. McCree: Violent-Felon Disarmament and Expansion of §2K2.1(b)(6)(B) in the Fifth Circuit

United States v. McCree: Violent-Felon Disarmament and Expansion of §2K2.1(b)(6)(B) in the Fifth Circuit

Date: Dec 4, 2025
United States v. McCree: Violent-Felon Disarmament and Expansion of §2K2.1(b)(6)(B) in the Fifth Circuit I. Introduction The Fifth Circuit’s decision in United States v. McCree deepens two major...
Strict Enforcement of Final‑Judgment and Notice‑of‑Appeal Rules for Pro Se Litigants: Commentary on Martin v. City of Las Vegas (5th Cir. 2025)

Strict Enforcement of Final‑Judgment and Notice‑of‑Appeal Rules for Pro Se Litigants: Commentary on Martin v. City of Las Vegas (5th Cir. 2025)

Date: Dec 2, 2025
Strict Enforcement of Final‑Judgment and Notice‑of‑Appeal Rules for Pro Se Litigants: Commentary on Martin v. City of Las Vegas (5th Cir. 2025) I. Introduction The Fifth Circuit’s unpublished, per...
Coastal Voyages as “Ocean Going” Under New York Marine Insurance Law: Commentary on Parr v. Yachtinsure

Coastal Voyages as “Ocean Going” Under New York Marine Insurance Law: Commentary on Parr v. Yachtinsure

Date: Dec 2, 2025
Coastal Voyages as “Ocean Going” Under New York Marine Insurance Law: A Commentary on Parr v. Yachtinsure (5th Cir. 2025) I. Introduction In Parr v. Yachtinsure, No. 25‑30134 (5th Cir. Nov. 25, 2025)...
Limited Remand and the Duty to Explain Denials of Safety‑Valve Relief: Commentary on United States v. Phillips (5th Cir. 2025)

Limited Remand and the Duty to Explain Denials of Safety‑Valve Relief: Commentary on United States v. Phillips (5th Cir. 2025)

Date: Dec 2, 2025
Limited Remand and the Duty to Explain Denials of Safety‑Valve Relief: Commentary on United States v. Phillips (5th Cir. 2025) I. Introduction The Fifth Circuit’s unpublished per curiam decision in...
Reasonable Suspicion to Frisk Vehicle Passengers Based on Driver’s Hidden Firearm: Commentary on United States v. Ducksworth (5th Cir. 2025)

Reasonable Suspicion to Frisk Vehicle Passengers Based on Driver’s Hidden Firearm: Commentary on United States v. Ducksworth (5th Cir. 2025)

Date: Dec 2, 2025
Reasonable Suspicion to Frisk Vehicle Passengers Based on Driver’s Hidden Firearm: Commentary on United States v. Ducksworth (5th Cir. 2025) I. Introduction In United States v. Ducksworth, No....
United States v. Castro: Drug-Proceeds Premises as a “Distribution” Site Under U.S.S.G. § 2D1.1(b)(12)

United States v. Castro: Drug-Proceeds Premises as a “Distribution” Site Under U.S.S.G. § 2D1.1(b)(12)

Date: Dec 2, 2025
United States v. Castro (5th Cir. Nov. 25, 2025): Stash Apartments for Drug Proceeds as “Premises for Distributing” Under § 2D1.1(b)(12) I. Introduction In United States v. Castro, No. 24‑40621 (5th...
Pleading a “Substantial Risk of Serious Harm”: The Fifth Circuit’s Clarification of Prisoner Failure‑to‑Protect Claims in Hicks v. Ashworth

Pleading a “Substantial Risk of Serious Harm”: The Fifth Circuit’s Clarification of Prisoner Failure‑to‑Protect Claims in Hicks v. Ashworth

Date: Dec 2, 2025
Pleading a “Substantial Risk of Serious Harm”: The Fifth Circuit’s Clarification of Prisoner Failure‑to‑Protect Claims in Hicks v. Ashworth I. Introduction In Hicks v. Ashworth, No. 24‑20331 (5th...
Licensed Firearms Dealers Are Not Federal Officials for Entrapment-by-Estoppel in the Fifth Circuit: A Commentary on United States v. Ahmadou

Licensed Firearms Dealers Are Not Federal Officials for Entrapment-by-Estoppel in the Fifth Circuit: A Commentary on United States v. Ahmadou

Date: Dec 2, 2025
Licensed Firearms Dealers Are Not Federal Officials for Entrapment-by-Estoppel in the Fifth Circuit: Commentary on United States v. Ahmadou I. Introduction In United States v. Ahmadou, No. 24‑20045...
Cadence Bank v. Bridgelink: The Nerve-Center Test for Multi‑Headquartered Banks and Strict Construction of Guarantor Release Clauses

Cadence Bank v. Bridgelink: The Nerve-Center Test for Multi‑Headquartered Banks and Strict Construction of Guarantor Release Clauses

Date: Nov 30, 2025
Cadence Bank v. Bridgelink: The Nerve-Center Test for Multi‑Headquartered Banks and Strict Construction of Guarantor Release Clauses I. Introduction The Fifth Circuit’s decision in Cadence Bank v....
Reaffirming Batton and the Rule of Orderliness: FOIA Attorney-Fee Awards After Bermudez v. EOIR

Reaffirming Batton and the Rule of Orderliness: FOIA Attorney-Fee Awards After Bermudez v. EOIR

Date: Nov 30, 2025
Reaffirming Batton and the Rule of Orderliness: FOIA Attorney-Fee Awards After Bermudez v. EOIR I. Introduction The Fifth Circuit’s unpublished per curiam decision in Bermudez v. Executive Office for...
Benavides v. Harris County: Distinguishing Intentional and Accidental Police Shootings Under the Texas Tort Claims Act’s Intentional‑Tort Exception

Benavides v. Harris County: Distinguishing Intentional and Accidental Police Shootings Under the Texas Tort Claims Act’s Intentional‑Tort Exception

Date: Nov 30, 2025
Benavides v. Harris County: Distinguishing Intentional and Accidental Police Shootings Under the Texas Tort Claims Act’s Intentional‑Tort Exception I. Introduction The Fifth Circuit’s unpublished per...
Nerve Center Over Corporate Labels: The Fifth Circuit Clarifies Corporate Citizenship and Strict Compliance with Guarantor Release Clauses in Cadence Bank v. Johnson

Nerve Center Over Corporate Labels: The Fifth Circuit Clarifies Corporate Citizenship and Strict Compliance with Guarantor Release Clauses in Cadence Bank v. Johnson

Date: Nov 30, 2025
Nerve Center Over Corporate Labels: The Fifth Circuit Clarifies Corporate Citizenship and Strict Compliance with Guarantor Release Clauses in Cadence Bank v. Johnson I. Introduction The Fifth...
Unjust Enrichment, Injunctions, and Third-Party Access Under the DTSA: A Commentary on Computer Sciences v. Tata Consultancy

Unjust Enrichment, Injunctions, and Third-Party Access Under the DTSA: A Commentary on Computer Sciences v. Tata Consultancy

Date: Nov 24, 2025
Unjust Enrichment, Injunctions, and Third-Party Access Under the DTSA: A Comprehensive Commentary on Computer Sciences Corp. v. Tata Consultancy Services Ltd., No. 24‑10749 (5th Cir. Nov. 21, 2025)...
North East ISD v. I.M.: Academic Progress Cannot Excuse Failure to Address Life‑Threatening Behavioral Regression Under the IDEA

North East ISD v. I.M.: Academic Progress Cannot Excuse Failure to Address Life‑Threatening Behavioral Regression Under the IDEA

Date: Nov 24, 2025
North East ISD v. I.M.: Academic Progress Cannot Excuse Failure to Address Life‑Threatening Behavioral Regression Under the IDEA I. Introduction In North East Independent School District v. I.M., No....
De Facto Finality and the No‑Exhaustion Rule in § 1983 Land‑Use Litigation: Commentary on T&W Holding Co. v. City of Kemah (5th Cir. 2025)

De Facto Finality and the No‑Exhaustion Rule in § 1983 Land‑Use Litigation: Commentary on T&W Holding Co. v. City of Kemah (5th Cir. 2025)

Date: Nov 24, 2025
De Facto Finality and the No‑Exhaustion Rule in § 1983 Land‑Use Litigation: T&W Holding Co. v. City of Kemah, Texas (5th Cir. 2025) I. Introduction In T&W Holding Company, L.L.C. v. City of Kemah,...
United States v. Mitchell: Limiting Permanent Felon Disarmament When the Predicate is a Marijuana-User Offense

United States v. Mitchell: Limiting Permanent Felon Disarmament When the Predicate is a Marijuana-User Offense

Date: Nov 24, 2025
United States v. Mitchell: Limiting Permanent Felon Disarmament When the Predicate is a Marijuana-User Offense I. Introduction United States v. Mitchell, No. 24-60607 (5th Cir. Nov. 21, 2025), is a...
Automatic Mootness and Munsingwear Vacatur for Expired PLRA Preliminary Injunctions: Commentary on Voice of the Experienced v. LeBlanc (5th Cir. 2025)

Automatic Mootness and Munsingwear Vacatur for Expired PLRA Preliminary Injunctions: Commentary on Voice of the Experienced v. LeBlanc (5th Cir. 2025)

Date: Nov 24, 2025
Automatic Mootness and Munsingwear Vacatur for Expired PLRA Preliminary Injunctions: Commentary on Voice of the Experienced v. LeBlanc (5th Cir. 2025) I. Introduction Voice of the Experienced v....
Minimal FTCA Notice and Spousal Claims: Ellsworth v. Dallas TX DVA and the Scope of Administrative Presentment

Minimal FTCA Notice and Spousal Claims: Ellsworth v. Dallas TX DVA and the Scope of Administrative Presentment

Date: Nov 23, 2025
Minimal FTCA Notice and Spousal Claims: Ellsworth v. Dallas TX DVA and the Scope of Administrative Presentment I. Introduction Ellsworth v. Dallas TX Department of Veterans Affairs, No. 25‑40183 (5th...
Threats to Assault Federal Officials as Crimes of Violence: McLean v. Bondi and the Divisibility of 18 U.S.C. § 115(a)(1)(B)

Threats to Assault Federal Officials as Crimes of Violence: McLean v. Bondi and the Divisibility of 18 U.S.C. § 115(a)(1)(B)

Date: Nov 23, 2025
Threats to Assault Federal Officials as Crimes of Violence: McLean v. Bondi and the Divisibility of 18 U.S.C. § 115(a)(1)(B) I. Introduction The Fifth Circuit’s decision in McLean v. Bondi, No....
Certification over Erie Guess in Surrogate‑Signed Arbitration Agreements: Commentary on Stanford v. Brandon Nursing

Certification over Erie Guess in Surrogate‑Signed Arbitration Agreements: Commentary on Stanford v. Brandon Nursing

Date: Nov 23, 2025
Certification over Erie Guess in Surrogate‑Signed Arbitration Agreements: Commentary on Stanford v. Brandon Nursing I. Introduction The Fifth Circuit’s decision in Stanford v. Brandon Nursing and...
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