5th Circuit Case Commentaries

Clear-and-Unequivocal Reliance Disclaimers and “Alarm-Meeting” Accrual for Texas Fraud Claims in Private Placement Investments

Date: Jan 12, 2026

Clear-and-Unequivocal Reliance Disclaimers and “Alarm-Meeting” Accrual for Texas Fraud Claims in Private Placement Investments I. Introduction In Pastrana v. Bestrenewedoil (arising from In the...

Texas Sexual Assault of a Child (Tex. Penal Code § 22.011(a)(2)) Is a SORNA Tier I Predicate Under the Categorical Approach

Date: Jan 11, 2026

Texas Sexual Assault of a Child (Tex. Penal Code § 22.011(a)(2)) Is a SORNA Tier I Predicate Under the Categorical Approach I. Introduction United States v. Quintanilla-Matamoros (5th Cir. Jan. 9,...

Harmless-Error Rule for Conclusory Paragraph C “Marginal Adjustment” Findings When Supported Elsewhere in the ALJ Decision

Date: Jan 11, 2026

Harmless-Error Rule for Conclusory Paragraph C “Marginal Adjustment” Findings When Supported Elsewhere in the ALJ Decision 1. Introduction Laird v. Bisignano (5th Cir. Jan. 8, 2026) is a Social...

§ 2S1.1(a)(1) Applies When Laundered Funds Derive from a Drug-Conspiracy and the Drug Offense Level Can Be Approximated by Converting Cash to Drug Quantity Using Reliable, Wholesale Pricing

Date: Jan 11, 2026

§ 2S1.1(a)(1) Applies When Laundered Funds Derive from a Drug-Conspiracy and the Drug Offense Level Can Be Approximated by Converting Cash to Drug Quantity Using Reliable, Wholesale Pricing Case:...

Specific Field Evidence and Reasoned Credibility Findings Sustain RMA “Good Farming Practices” Denials Under APA Review

Date: Jan 11, 2026

Specific Field Evidence and Reasoned Credibility Findings Sustain RMA “Good Farming Practices” Denials Under APA Review 1. Introduction In Miller v. Federal Crop (5th Cir. Jan. 8, 2026) (per curiam,...

Berryman v. Huffman — AEDPA Deference Permits (at Least on Habeas Review) a Count-by-Count Speedy-Trial Remedy; Fifth Circuit Issues Rule 47.6 Summary Affirmance and Withdraws Prior Published Opinion

Date: Jan 10, 2026

AEDPA Deference Permits (at Least on Habeas Review) a Count-by-Count Speedy-Trial Remedy; Fifth Circuit Issues Rule 47.6 Summary Affirmance and Withdraws Prior Published Opinion Case: Berryman v....

United States v. Johnson: Romantic Partner Presence Alone Does Not Justify a Michigan v. Long Vehicle Protective Sweep

Date: Jan 10, 2026

United States v. Johnson: Romantic Partner Presence Alone Does Not Justify a Michigan v. Long Vehicle Protective Sweep 1. Introduction In United States v. Johnson (5th Cir. Jan. 7, 2026), the Fifth...

Perdomo v. City of League City: Body-Camera Video May Defeat Pleadings and Support Qualified Immunity at Rule 12(b)(6) After a Split-Second Takedown

Date: Jan 9, 2026

Perdomo v. City of League City: Body-Camera Video May Defeat Pleadings and Support Qualified Immunity at Rule 12(b)(6) After a Split-Second Takedown 1. Introduction Perdomo v. City of League City,...

Lewis v. Delgado: Brief Handcuffing in a High-Risk Stop Does Not Defeat Qualified Immunity Absent Closely Analogous Clearly Established Law—Even with Alleged Notice of Medical Vulnerability

Date: Jan 9, 2026

Lewis v. Delgado: Brief Handcuffing in a High-Risk Stop Does Not Defeat Qualified Immunity Absent Closely Analogous Clearly Established Law—Even with Alleged Notice of Medical Vulnerability 1....

Pre-Deprivation Notice Required for Rule 11 Sanctions; § 1927 Does Not Reach Initial Pleadings Absent “Multiplying Proceedings”

Date: Jan 8, 2026

Pre-Deprivation Notice Required for Rule 11 Sanctions; § 1927 Does Not Reach Initial Pleadings Absent “Multiplying Proceedings” Introduction Fletcher v. Experian Info Solutions (5th Cir. Jan. 6,...

No Clearly Established Supervisory Duty to Oversee Officers on Private Paid Details; Pattern-or-No-Training Required to Defeat Qualified Immunity in § 1983 Supervision/Training/Discipline Claims (Hankins v. Martin)

Date: Jan 8, 2026

No Clearly Established Supervisory Duty to Oversee Officers on Private Paid Details; Pattern-or-No-Training Required to Defeat Qualified Immunity in § 1983 Supervision/Training/Discipline Claims...

Vacatur-and-Replacement Judgments Reset the Appeal Clock (Not a Rule 60(a) Correction) — Frey v. Health Mgmt Systems

Date: Jan 8, 2026

Vacatur-and-Replacement Judgments Reset the Appeal Clock (Not a Rule 60(a) Correction) — Frey v. Health Mgmt Systems I. Introduction Court: United States Court of Appeals for the Fifth Circuit Date:...

Harmless-Error Affirmance Despite § 875(c) Indictment Omitting Subjective Mens Rea When the Record Establishes Recklessness/Knowledge and a “True Threat” in Context

Date: Jan 7, 2026

Harmless-Error Affirmance Despite § 875(c) Indictment Omitting Subjective Mens Rea When the Record Establishes Recklessness/Knowledge and a “True Threat” in Context I. Introduction Case: United...

Rule 60(b)(5) Vacatur of § 1988 Fees After Jurisdictional Vacatur of Merits Relief (No Separate Fee Appeal Required)

Date: Jan 7, 2026

Rule 60(b)(5) Vacatur of § 1988 Fees After Jurisdictional Vacatur of Merits Relief (No Separate Fee Appeal Required) Case: Pool v. City of Houston, No. 24-20138 (5th Cir. Jan. 2, 2026) Court: United...

Trahant v. Official Committee: No Appellate Divestiture from a Non-Final Contempt Finding; No Implied Interlocutory Leave under Rule 8004(d); Prophylactic Committee Removal Is Not a Sanction

Date: Jan 7, 2026

Trahant v. Official Committee: No Appellate Divestiture from a Non-Final Contempt Finding; No Implied Interlocutory Leave under Rule 8004(d); Prophylactic Committee Removal Is Not a Sanction Court:...

Partial Sovereign-Immunity Denials Are Immediately Appealable; Ex parte Young “Enforcement” Turns on Concrete Statutory Duties (Not Referral, Guidance, or Texas AG Criminal-Prosecution Assertions)

Date: Jan 7, 2026

Partial Sovereign-Immunity Denials Are Immediately Appealable; Ex parte Young “Enforcement” Turns on Concrete Statutory Duties (Not Referral, Guidance, or Texas AG Criminal-Prosecution Assertions) I....

Quiroz v. Hernandez — Futility of Repleading, No Relation-Back for Newly Added Defendants, and Jurisdictional Bars to Victim Suits Challenging Prosecution Decisions

Date: Jan 5, 2026

Quiroz v. Hernandez — Futility of Repleading, No Relation-Back for Newly Added Defendants, and Jurisdictional Bars to Victim Suits Challenging Prosecution Decisions Court: United States Court of...

Partial Sovereign-Immunity Denials Are Immediately Appealable; Ex parte Young Turns on Specific Statutory Enforcement (Not Referrals or General Oversight)

Date: Jan 5, 2026

Partial Sovereign-Immunity Denials Are Immediately Appealable; Ex parte Young Turns on Specific Statutory Enforcement (Not Referrals or General Oversight) Case: OCA-Greater Houston v. Nelson...

Interlocutory Review and Ex parte Young “Enforcement” in Texas Election-Law Challenges

Date: Jan 5, 2026

Partial Sovereign-Immunity Denials Are Immediately Appealable; Ex parte Young Turns on Concrete “Enforcement” Functions (Not Mere Referrals or General Oversight) Case: La Union del Pueblo Entero; et...

Stay-and-Deferral Orders Pending Heck/Conviction Status Are Not Immediately Appealable Under § 1291 or the Collateral-Order Doctrine

Date: Jan 2, 2026

Stay-and-Deferral Orders Pending Heck/Conviction Status Are Not Immediately Appealable Under § 1291 or the Collateral-Order Doctrine I. Introduction In Jew v. Dobbins (5th Cir. Dec. 30, 2025) (per...

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