5th Circuit Case Commentaries

No Count-by-Count Cure: Fifth Circuit Requires Dismissal of the Entire Indictment When Any Count Violates the Sixth Amendment Speedy Trial Right

Date: Oct 18, 2025

No Count-by-Count Cure: Fifth Circuit Requires Dismissal of the Entire Indictment When Any Count Violates the Sixth Amendment Speedy Trial Right Introduction In Berryman v. Huffman, No. 23-60627 (5th...

Predicate-Conviction-Specific Bruen Analysis: Fifth Circuit Remands § 922(g)(1) As-Applied Challenge in United States v. Smith

Date: Oct 18, 2025

Predicate-Conviction-Specific Bruen Analysis: Fifth Circuit Remands § 922(g)(1) As-Applied Challenge in United States v. Smith Court: United States Court of Appeals for the Fifth Circuit Date:...

Belief vs. Practice: Fifth Circuit Clarifies Title VII Religion Claims, Tightens RLA Access, and Polices Injunctions and Civil Contempt

Date: Oct 17, 2025

Belief vs. Practice: Fifth Circuit Clarifies Title VII Religion Claims, Tightens RLA Access, and Polices Injunctions and Civil Contempt Introduction Carter v. Local 556 (5th Cir. 2025) arises from...

Carter v. Southwest Airlines: The Fifth Circuit Draws a Bright Line Between Belief- and Practice-Based Title VII Claims, Clarifies Union Liability for “Attempting to Cause” Discrimination, Narrows Post-Certification RLA Suits, and Polices Overbroad Injunctions and Punitive Civil Contempt

Date: Oct 17, 2025

Carter v. Southwest Airlines: The Fifth Circuit Draws a Bright Line Between Belief- and Practice-Based Title VII Claims, Clarifies Union Liability for “Attempting to Cause” Discrimination, Narrows...

Belief vs. Practice: Fifth Circuit Clarifies Title VII Religion Doctrine, Affirms Groff Without Retrial, and Vacates “Obey‑the‑Law” Injunctions in Carter v. Southwest

Date: Oct 17, 2025

Belief vs. Practice: Fifth Circuit Clarifies Title VII Religion Doctrine, Affirms Groff Without Retrial, and Vacates “Obey‑the‑Law” Injunctions in Carter v. Southwest Introduction In a sweeping...

Cat’s Paw Liability Cannot Satisfy the Rehabilitation Act’s “Solely by Reason of” Standard: Harmon v. Collier (5th Cir. 2025)

Date: Oct 16, 2025

Cat’s Paw Liability Cannot Satisfy the Rehabilitation Act’s “Solely by Reason of” Standard: Harmon v. Collier (5th Cir. 2025) Introduction In Harmon v. Collier, the Fifth Circuit addressed multiple...

United States v. Arredondo: Live-Streamed Sexual Misconduct Can Justify Pornography and Internet-Use Restrictions and Defeat Acceptance of Responsibility

Date: Oct 16, 2025

United States v. Arredondo: Live-Streamed Sexual Misconduct Can Justify Pornography and Internet-Use Restrictions and Defeat Acceptance of Responsibility Introduction In United States v. Arredondo,...

Adequacy of Foreign Forums After OSR v. REE: Uncertainty Over Extraterritorial Injunctions and Witness Self‑Incrimination Does Not Defeat Forum Non Conveniens

Date: Oct 16, 2025

Adequacy of Foreign Forums After OSR v. REE: Uncertainty Over Extraterritorial Injunctions and Witness Self‑Incrimination Does Not Defeat Forum Non Conveniens Introduction This commentary analyzes...

No Article III Standing to Compel MMPA Incidental Take Authorization Without a Certainly Impending, Injury‑Causing Operation

Date: Oct 11, 2025

No Article III Standing to Compel MMPA Incidental Take Authorization Without a Certainly Impending, Injury‑Causing Operation Introduction In Harrison County v. U.S. Army Corps of Engineers, the Fifth...

Reddin v. Phelan: Fifth Circuit Clarifies BCNR’s Distinct § 1552 Regime and Upholds “Liberal Consideration” Without a Heightened Burden

Date: Oct 11, 2025

Reddin v. Phelan: Fifth Circuit Clarifies BCNR’s Distinct § 1552 Regime and Upholds “Liberal Consideration” Without a Heightened Burden Court: U.S. Court of Appeals for the Fifth Circuit Date:...

Chhim v. City of Houston: Pleading Employment Claims Requires Comparator Facts and Decisionmaker Knowledge; Five-Month Temporal Gap Insufficient for Retaliation, and Unbriefed Issues Are Forfeited

Date: Oct 10, 2025

Chhim v. City of Houston: Pleading Employment Claims Requires Comparator Facts and Decisionmaker Knowledge; Five-Month Temporal Gap Insufficient for Retaliation, and Unbriefed Issues Are Forfeited...

Rooker-Feldman Does Not Bar Defamation Suits Targeting Opposing Counsel’s Litigation Statements: The Fifth Circuit’s Clarification in English v. Crochet

Date: Oct 10, 2025

Rooker-Feldman Does Not Bar Defamation Suits Targeting Opposing Counsel’s Litigation Statements: The Fifth Circuit’s Clarification in English v. Crochet Introduction In English v. Crochet, the U.S....

No Safe Harbor in “Ordinary Business” Spending: Fifth Circuit Remands § 523(a)(6) Collateral-Conversion Claim and Reaffirms Strict Debtor-Favorable Standards Under §§ 727(a)(2)(A), (a)(3), and 523(a)(2)(A)

Date: Oct 10, 2025

No Safe Harbor in “Ordinary Business” Spending: Fifth Circuit Remands § 523(a)(6) Collateral-Conversion Claim and Reaffirms Strict Debtor-Favorable Standards Under §§ 727(a)(2)(A), (a)(3), and...

No Reasonable Expectation of Privacy for Trespassers in Tents on Posted Public Land: United States v. Parkerson (5th Cir. 2025)

Date: Oct 10, 2025

No Reasonable Expectation of Privacy for Trespassers in Tents on Posted Public Land: United States v. Parkerson (5th Cir. 2025) Introduction In United States v. Parkerson, the U.S. Court of Appeals...

No Constitutional Right to External Agency Investigations: Fifth Circuit Upholds TCCO-Centered Grievance Channel for Civilly Committed SVPs

Date: Oct 10, 2025

No Constitutional Right to External Agency Investigations: Fifth Circuit Upholds TCCO-Centered Grievance Channel for Civilly Committed SVPs Introduction In Dunsmore v. Muth, No. 25-50047 (5th Cir....

No-Training-Whatsoever Pleading Suffices for Monell Liability in First Amendment Leafletting Cases at City-Owned Venues; Individual Officers and Private Guards Retain Qualified Immunity — Hershey v. City of Bossier City (5th Cir. 2025)

Date: Oct 10, 2025

No-Training-Whatsoever Pleading Suffices for Monell Liability in First Amendment Leafletting Cases at City-Owned Venues; Individual Officers and Private Guards Retain Qualified Immunity — Hershey v....

No Rational Basis to Exclude Business Entities From STR Permits: Fifth Circuit Partly Invalidates New Orleans’s Short‑Term Rental Regime and Narrows “Operator Residency” to Presence Only

Date: Oct 10, 2025

No Rational Basis to Exclude Business Entities From STR Permits: Fifth Circuit Partly Invalidates New Orleans’s Short‑Term Rental Regime and Narrows “Operator Residency” to Presence Only Case:...

Fifth Circuit Rejects Cat’s Paw Liability for Municipalities Under Monell: Headcount Rule Governs §1981/§1983 Claims Against Multi‑Member Bodies

Date: Oct 10, 2025

Fifth Circuit Rejects Cat’s Paw Liability for Municipalities Under Monell: Headcount Rule Governs §1981/§1983 Claims Against Multi‑Member Bodies Introduction In Jones v. City of Hutto, the United...

Default as Accrual: Fifth Circuit Reaffirms That a Borrower’s Default Starts the Clock on Texas Fraud Claims; Tolling and Conspiracy Claims Can Be Dismissed on the Pleadings

Date: Oct 10, 2025

Default as Accrual: Fifth Circuit Reaffirms That a Borrower’s Default Starts the Clock on Texas Fraud Claims; Tolling and Conspiracy Claims Can Be Dismissed on the Pleadings Introduction In McGrath...

Pending Rule 23(f) Petitions Do Not Divest District Courts of Authority to Revise Class-Certification Orders; Subclassing Purchasers and Exchangers Permissible in Merger-Related Securities Fraud

Date: Oct 5, 2025

Pending Rule 23(f) Petitions Do Not Divest District Courts of Authority to Revise Class-Certification Orders; Subclassing Purchasers and Exchangers Permissible in Merger-Related Securities Fraud...