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5th Circuit Case Commentaries

“Checking the Right Box”:  Whittington v. Harris County and the Fifth Circuit’s Clarification of Color-versus-Race Exhaustion under Title VII

“Checking the Right Box”: Whittington v. Harris County and the Fifth Circuit’s Clarification of Color-versus-Race Exhaustion under Title VII

Date: Jul 10, 2025
“Checking the Right Box”: Whittington v. Harris County and the Fifth Circuit’s Clarification of Color-versus-Race Exhaustion under Title VII Introduction In Whittington v. Harris County, Texas,...

        Frias v. Hernandez: The Fifth Circuit’s Clarion Call on “Objective” Scope-of-Employment Immunity under § 101.106(f)

Frias v. Hernandez: The Fifth Circuit’s Clarion Call on “Objective” Scope-of-Employment Immunity under § 101.106(f)

Date: Jul 5, 2025
Frias v. Hernandez: The Fifth Circuit’s Clarion Call on “Objective” Scope-of-Employment Immunity under § 101.106(f) Introduction In Frias v. Hernandez, the United States Court of Appeals for the...
“One Sovereign, One Voice”: The Fifth Circuit Confirms Federal Supremacy over State Immigration Enforcement and Revives Havens-Style Organizational Standing

“One Sovereign, One Voice”: The Fifth Circuit Confirms Federal Supremacy over State Immigration Enforcement and Revives Havens-Style Organizational Standing

Date: Jul 5, 2025
“One Sovereign, One Voice” The Fifth Circuit Confirms Federal Supremacy over State Immigration Enforcement and Revives Havens-Style Organizational Standing I. Introduction United States v. State of...
No Express Pre-emption: Fifth Circuit Clarifies the Reach of 7 U.S.C. § 1926(b) vis-à-vis Texas Water Code § 13.2541

No Express Pre-emption: Fifth Circuit Clarifies the Reach of 7 U.S.C. § 1926(b) vis-à-vis Texas Water Code § 13.2541

Date: Jul 4, 2025
No Express Pre-emption: Fifth Circuit Clarifies the Reach of 7 U.S.C. § 1926(b) vis-à-vis Texas Water Code § 13.2541 I. Introduction Crystal Clear Special Utility District (Crystal Clear) sought to...
Reed v. Marshall: Fifth Circuit Forecloses Lanham Act Suits Between Co-Owners of a Trademark

Reed v. Marshall: Fifth Circuit Forecloses Lanham Act Suits Between Co-Owners of a Trademark

Date: Jul 4, 2025
Reed v. Marshall: Fifth Circuit Forecloses Lanham Act Suits Between Co-Owners of a Trademark 1. Introduction Reed v. Marshall, No. 24-20198 (5th Cir. July 2 2025) resolves a modern twist on an old...
Actual-Notice Requirement for Attorney Sanctions under Rule 83(b): Commentary on Somes v. Rural Media Group, Inc.

Actual-Notice Requirement for Attorney Sanctions under Rule 83(b): Commentary on Somes v. Rural Media Group, Inc.

Date: Jul 4, 2025
Actual-Notice Requirement for Attorney Sanctions under Rule 83(b): Somes v. Rural Media Group, Inc. Introduction In Somes v. Rural Media Group, Inc., the United States Court of Appeals for the Fifth...
No-Virtual-Prohibition Test – Fifth Circuit Re-defines the Threshold for Pre-emption Challenges to Home-Rule Ordinances

No-Virtual-Prohibition Test – Fifth Circuit Re-defines the Threshold for Pre-emption Challenges to Home-Rule Ordinances

Date: Jul 3, 2025
No-Virtual-Prohibition Test: TitleMax of Texas v. City of Dallas Clarifies Pre-emption and Due-Course Limits on Challenges to Municipal Lending Ordinances Introduction TitleMax of Texas v. City of...
United States v. Kimble: Categorical Disarmament of Drug-Trafficking Felons Survives Second-Amendment Scrutiny

United States v. Kimble: Categorical Disarmament of Drug-Trafficking Felons Survives Second-Amendment Scrutiny

Date: Jul 3, 2025
United States v. Kimble: Categorical Disarmament of Drug-Trafficking Felons Survives Second-Amendment Scrutiny 1. Introduction In United States v. Kimble, No. 23-50874 (5th Cir. June 30 2025), the...
Homeschooling Does NOT Erode the Castle: McMurry v. Weaver and the Re-affirmation of Robust Fourth-Amendment Protection in Child-Welfare Checks

Homeschooling Does NOT Erode the Castle: McMurry v. Weaver and the Re-affirmation of Robust Fourth-Amendment Protection in Child-Welfare Checks

Date: Jun 30, 2025
Homeschooling Does NOT Erode the Castle: McMurry v. Weaver and the Re-affirmation of Robust Fourth-Amendment Protection in Child-Welfare Checks 1. Introduction The United States Court of Appeals for...
“Applicable Law” Is Not Enough: Fifth Circuit Re-Affirms the Strict Federal-Enclave Rule in Vinales v. AETC II

“Applicable Law” Is Not Enough: Fifth Circuit Re-Affirms the Strict Federal-Enclave Rule in Vinales v. AETC II

Date: Jun 30, 2025
“Applicable Law” Is Not Enough: Fifth Circuit Re-Affirms the Strict Federal-Enclave Rule in Vinales v. AETC II 1. Introduction In Vinales v. AETC II Privatized Housing, L.L.C., No. 24-50113 (5th Cir....
Fifth Circuit Heightens Relevance Scrutiny for Religious-Affiliation Evidence in Capital Sentencing – A Commentary on Davis v. Guerrero (2025)

Fifth Circuit Heightens Relevance Scrutiny for Religious-Affiliation Evidence in Capital Sentencing – A Commentary on Davis v. Guerrero (2025)

Date: Jun 29, 2025
Fifth Circuit Heightens Relevance Scrutiny for Religious-Affiliation Evidence in Capital Sentencing Commentary on Davis v. Guerrero, 24-70008 (5th Cir. June 26 2025) 1. Introduction Irving Alvin...
State “Saving Constructions” and Pre-Compliance Review:  The Principle from Spirit Aerosystems v. Paxton

State “Saving Constructions” and Pre-Compliance Review: The Principle from Spirit Aerosystems v. Paxton

Date: Jun 29, 2025
State “Saving Constructions” and Pre-Compliance Review: The Principle from Spirit Aerosystems v. Paxton Introduction On 26 June 2025 the United States Court of Appeals for the Fifth Circuit decided...
Re-Urged Summary Judgment as Rule 50 Preservation & the Fact-Specific Nature of “Clearly Established” Rights: A Commentary on Trabucco v. Rivera

Re-Urged Summary Judgment as Rule 50 Preservation & the Fact-Specific Nature of “Clearly Established” Rights: A Commentary on Trabucco v. Rivera

Date: Jun 29, 2025
Re-Urged Summary Judgment as Rule 50 Preservation & the Fact-Specific Nature of “Clearly Established” Rights: A Commentary on Trabucco v. Rivera Introduction The Fifth Circuit’s decision in Trabucco...
Federal Certification over State Disaster-Immunity Ambiguities:  Breaux v. Worrell and the Fifth Circuit’s Refined Approach to La. R.S. 29:735

Federal Certification over State Disaster-Immunity Ambiguities: Breaux v. Worrell and the Fifth Circuit’s Refined Approach to La. R.S. 29:735

Date: Jun 29, 2025
Federal Certification over State Disaster-Immunity Ambiguities: Breaux v. Worrell and the Fifth Circuit’s Refined Approach to La. R.S. 29:735 Introduction Breaux v. Worrell, No. 24-30097 (5th...
Butler v. Collins: Texas Labor Code Chapter 21 Does Not Preempt Common-Law Tort Claims Against Individual Employees

Butler v. Collins: Texas Labor Code Chapter 21 Does Not Preempt Common-Law Tort Claims Against Individual Employees

Date: Jun 29, 2025
Butler v. Collins: Texas Labor Code Chapter 21 Does Not Preempt Common-Law Tort Claims Against Individual Employees Introduction The United States Court of Appeals for the Fifth Circuit, in Butler v....
United States v. Morales: Knowledge of § 5822 Non-Compliance and Domestic Manufacture Not Required for NFA “Making” Offense on Plain-Error Review

United States v. Morales: Knowledge of § 5822 Non-Compliance and Domestic Manufacture Not Required for NFA “Making” Offense on Plain-Error Review

Date: Jun 29, 2025
United States v. Morales: Knowledge of § 5822 Non-Compliance and Domestic Manufacture Not Required for NFA “Making” Offense on Plain-Error Review I. Introduction In United States v. Morales,...
Fifth Circuit Embraces “Intentional Relinquishment” Test for Arbitration Waiver: A Commentary on Garcia v. Fuentes (2025)

Fifth Circuit Embraces “Intentional Relinquishment” Test for Arbitration Waiver: A Commentary on Garcia v. Fuentes (2025)

Date: Jun 27, 2025
Fifth Circuit Embraces “Intentional Relinquishment” Test for Arbitration Waiver: Garcia v. Fuentes (2025) 1. Introduction In Garcia v. Fuentes, No. 24-10699 (5th Cir. June 24, 2025), the United...
“Halting-Assurance” Doctrine: The Fifth Circuit’s Reaffirmation of the High Bar for Eighth-Amendment Method-of-Execution Challenges

“Halting-Assurance” Doctrine: The Fifth Circuit’s Reaffirmation of the High Bar for Eighth-Amendment Method-of-Execution Challenges

Date: Jun 27, 2025
“Halting-Assurance” Doctrine: The Fifth Circuit’s Reaffirmation of the High Bar for Eighth-Amendment Method-of-Execution Challenges Commentary on Jordan v. Mississippi State Executioner, No. 25-70013...
“Still-Treating, Still Immune” – Spikes v. Wheat and the Fifth Circuit’s Clarification that Misdiagnosis Amid Continuous Care Does Not Constitute Deliberate Indifference

“Still-Treating, Still Immune” – Spikes v. Wheat and the Fifth Circuit’s Clarification that Misdiagnosis Amid Continuous Care Does Not Constitute Deliberate Indifference

Date: Jun 27, 2025
“Still-Treating, Still Immune” – Spikes v. Wheat and the Fifth Circuit’s Clarification that Misdiagnosis Amid Continuous Care Does Not Constitute Deliberate Indifference 1. Introduction Spikes v....
“The Hard-Look Mandate on Steroids” –  Texas Corn Producers v. EPA and the Fifth Circuit’s Expanded Duty to Tackle Statistical Critiques in Rulemaking

“The Hard-Look Mandate on Steroids” – Texas Corn Producers v. EPA and the Fifth Circuit’s Expanded Duty to Tackle Statistical Critiques in Rulemaking

Date: Jun 27, 2025
“The Hard-Look Mandate on Steroids” – Texas Corn Producers v. EPA and the Fifth Circuit’s Expanded Duty to Tackle Statistical Critiques in Rulemaking 1. Introduction Texas Corn Producers v. EPA, No....
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