5th Circuit Case Commentaries

Parsons v. Valdez: Qualified Immunity Turns on Arguable Probable Cause and Non‑Material Warrant-Affidavit Omissions

Date: Jul 18, 2026

Parsons v. Valdez: Qualified Immunity Turns on Arguable Probable Cause and Non‑Material Warrant-Affidavit Omissions 1. Introduction Parsons v. Valdez (5th Cir. July 14, 2026) arises from an unusual...

AEDPA Deference Upholding a Mirandized ICU Confession: No “Fruit,” No Seibert Two-Step, and Implied Waiver After Hospitalization

Date: Jul 18, 2026

AEDPA Deference Upholding a Mirandized ICU Confession: No “Fruit,” No Seibert Two-Step, and Implied Waiver After Hospitalization 1. Introduction Case: Keller v. Cain, No. 25-70002 (5th Cir. July 14,...

ERISA Fiduciary-Misrepresentation Standing: “Mistaken Understanding” Alone Is Not an Article III Injury; Plaintiffs Must Prove Concrete Downstream Harm and Traceability

Date: Jul 18, 2026

ERISA Fiduciary-Misrepresentation Standing: “Mistaken Understanding” Alone Is Not an Article III Injury; Plaintiffs Must Prove Concrete Downstream Harm and Traceability 1. Introduction Guenther v. BP...

Rule 41(a)(1)(A)(ii) Stipulation Automatically Ends a Desegregation Case and Strips District-Court Jurisdiction Absent Enumerated Exceptions

Date: Jul 18, 2026

Rule 41(a)(1)(A)(ii) Stipulation Automatically Ends a Desegregation Case and Strips District-Court Jurisdiction Absent Enumerated Exceptions Case: In re: School Board of Concordia Parish...

Rehabilitation Act Does Not Shield Disability-Related Harassment from University Discipline (and Federal-Funding Must Be Pleaded to Overcome Sovereign Immunity)

Date: Jul 18, 2026

Rehabilitation Act Does Not Shield Disability-Related Harassment from University Discipline (and Federal-Funding Must Be Pleaded to Overcome Sovereign Immunity) 1. Introduction In Brantley v....

United States v. Allred — Fifth Circuit Validates § 922(g)(9) Under Bruen/Rahimi Using a Categorical “Domestic-Violence Misdemeanants Are Dangerous” Analogy

Date: Jul 18, 2026

Conviction-Based Disarmament After Bruen: The Fifth Circuit Upholds 18 U.S.C. § 922(g)(9) (Domestic-Violence Misdemeanants) as Historically Analogous to Surety and “Going Armed” Laws I. Introduction...

Probation Extensions as Actionable Title VII/§ 1981 Harm Post-Muldrow, and Off-Site Conduct with Workplace Consequences in Hostile-Environment Proof

Date: Jul 18, 2026

Probation Extensions as Actionable Title VII/§ 1981 Harm Post-Muldrow, and Off-Site Conduct with Workplace Consequences in Hostile-Environment Proof I. Introduction Brenyah v. Columbia Hospital (5th...

Rule 41 Stipulated Dismissal Ends a Desegregation Case Immediately—No “Public-Interest” Override; Mandamus Lies to Stop Post-Dismissal Proceedings

Date: Jul 18, 2026

Rule 41 Stipulated Dismissal Ends a Desegregation Case Immediately—No “Public-Interest” Override; Mandamus Lies to Stop Post-Dismissal Proceedings 1. Introduction Sch Bd Concordia Prsh v. United...

Brown v. Burmaster: Causation Is Indispensable to Municipal Liability; Irreconcilable Special Verdicts Require a New Trial

Date: Jul 18, 2026

Brown v. Burmaster: Causation Is Indispensable to Municipal Liability; Irreconcilable Special Verdicts Require a New Trial I. Introduction Brown v. Burmaster (5th Cir. July 14, 2026) arises from a...

Probable Cause for Disobeying a School Traffic Direction Defeats Both Fourth Amendment and Retaliatory-Arrest Claims; “Nieves” Exception Requires Objective, Contextual Comparators

Date: Jul 16, 2026

Probable Cause for Disobeying a School Traffic Direction Defeats Both Fourth Amendment and Retaliatory-Arrest Claims; “Nieves” Exception Requires Objective, Contextual Comparators 1. Introduction...

Mixed-Motive Title VII Theory Must Be Properly Preserved; Undisputed Policy-Violation Investigation Defeats Pretext at Summary Judgment

Date: Jul 16, 2026

Mixed-Motive Title VII Theory Must Be Properly Preserved; Undisputed Policy-Violation Investigation Defeats Pretext at Summary Judgment 1. Introduction In Loayza v. Whole Foods Market, the Fifth...

Grave-Risk Return Bar Under the Hague Convention Where Repatriation Would Expose a Child to a Parent’s Cartel Ties and Active Substance Addiction

Date: Jul 13, 2026

Grave-Risk Return Bar Under the Hague Convention Where Repatriation Would Expose a Child to a Parent’s Cartel Ties and Active Substance Addiction 1. Introduction Lozano v. Perez (5th Cir. July 9,...

Post-Accident Evidence, “Obvious Risk” to Trained Users, and Proof-Heavy Risk–Utility: Fifth Circuit Affirms Summary Judgment in Premises- and Products-Defect Claims

Date: Jul 13, 2026

Post-Accident Evidence, “Obvious Risk” to Trained Users, and Proof-Heavy Risk–Utility: Fifth Circuit Affirms Summary Judgment in Premises- and Products-Defect Claims Case: George v. SI Group (5th...

Interlocutory Appeal Bar: Partial Summary Judgment Foreclosing Only Permanent Injunctive Relief Is Appealable Under § 1292(a)(1) Only If Carson Is Satisfied

Date: Jul 13, 2026

Interlocutory Appeal Bar: Partial Summary Judgment Foreclosing Only Permanent Injunctive Relief Is Appealable Under § 1292(a)(1) Only If Carson Is Satisfied 1. Introduction In Rey v. LCMC Health Care...

ADAAA Coverage Requires Evidence—No “Regulatory Presumption” of Disability from Stroke/Diabetes Without Substantial Limitation

Date: Jul 13, 2026

ADAAA Coverage Requires Evidence—No “Regulatory Presumption” of Disability from Stroke/Diabetes Without Substantial Limitation I. Introduction In Ester-Capers v. Walmart (5th Cir. July 8, 2026) (per...

Qualified Immunity for Split-Second Deadly Force Requires Near-Analogous Precedent When a Fleeing Felony-Warrant Suspect Retrieves and Holds an Unidentified Object

Date: Jul 13, 2026

Qualified Immunity for Split-Second Deadly Force Requires Near-Analogous Precedent When a Fleeing Felony-Warrant Suspect Retrieves and Holds an Unidentified Object Introduction In Searles v. City of...

Plain-Error Limits on Relief When a § 5K1.1 Motion Is Granted but the Sentence Remains Within the Original Guideline Range

Date: Jul 13, 2026

Plain-Error Limits on Relief When a § 5K1.1 Motion Is Granted but the Sentence Remains Within the Original Guideline Range Introduction In United States v. Sealed (5th Cir. July 10, 2026) (per...

United States v. Barber — Fifth Circuit Commentary

Date: Jul 13, 2026

Broad “In Connection With” Application of U.S.S.G. § 2K2.1(c)(1)(A) and Mid-Range Bodily-Injury Enhancement for Multi-Gunshot Victims I. Introduction Case: United States v. Barber, No. 25-30430 (5th...

Rule 17(b)(3) Capacity and Louisiana Affidavit-Dissolution: A Dissolved Foreign LLC Cannot Sue in Texas, and Sealing Requires an On-the-Record Balancing Test

Date: Jul 13, 2026

Rule 17(b)(3) Capacity and Louisiana Affidavit-Dissolution: A Dissolved Foreign LLC Cannot Sue in Texas, and Sealing Requires an On-the-Record Balancing Test I. Introduction Case: The Juneau Group,...

State “Expungements” Count Under U.S.S.G. § 4A1.2(j) Unless Grounded in Innocence or Legal Error: Fifth Circuit Clarifies the “Underlying Rationale” Test

Date: Jul 13, 2026

State “Expungements” Count Under U.S.S.G. § 4A1.2(j) Unless Grounded in Innocence or Legal Error: Fifth Circuit Clarifies the “Underlying Rationale” Test Case: United States v. Payne (5th Cir. July...