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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

When Deliberate Indifference Also “Shocks the Conscience”: The Fifth Circuit’s Clarification of Supervisory Liability in Doe v. Jewell

When Deliberate Indifference Also “Shocks the Conscience”: The Fifth Circuit’s Clarification of Supervisory Liability in Doe v. Jewell

Date: Aug 19, 2025
When Deliberate Indifference Also “Shocks the Conscience”: The Fifth Circuit’s Clarification of Supervisory Liability in Doe v. Jewell Introduction In Doe v. Jewell, the United States Court of...
From “Minor” to Material: Fifth Circuit Recalibrates the PLRA Physical-Injury Threshold in Morris v. Estes

From “Minor” to Material: Fifth Circuit Recalibrates the PLRA Physical-Injury Threshold in Morris v. Estes

Date: Aug 19, 2025
From “Minor” to Material: Fifth Circuit Recalibrates the PLRA Physical-Injury Threshold in Morris v. Estes 1. Introduction Background. In Morris v. Estes, No. 24-30553 (5th Cir. Aug. 15, 2025),...
Norman v. Ingle: Video-Clarity Rule & Officer-Specific Qualified Immunity Analysis in the Fifth Circuit

Norman v. Ingle: Video-Clarity Rule & Officer-Specific Qualified Immunity Analysis in the Fifth Circuit

Date: Aug 19, 2025
Norman v. Ingle: Video-Clarity Rule & Officer-Specific Qualified Immunity Analysis in the Fifth Circuit I. Introduction Norman v. Ingle, No. 24-20431 (5th Cir. Aug. 15, 2025), sets a new benchmark...

        Fifth Circuit Endorses “Non-Physical” Quorum: State of Texas v. Bondi and the
        Modernization of the Quorum Clause

Fifth Circuit Endorses “Non-Physical” Quorum: State of Texas v. Bondi and the Modernization of the Quorum Clause

Date: Aug 19, 2025
Fifth Circuit Endorses “Non-Physical” Quorum: State of Texas v. Bondi and the Modernization of the Quorum Clause 1. Introduction In State of Texas v. Bondi, No. 24-10386 (5th Cir. Aug. 15, 2025), the...
The Stelly Clarification: One-Year Prescriptive Period Governs § 1981 Failure-to-Promote Actions Involving “New and Distinct” Internal Promotions

The Stelly Clarification: One-Year Prescriptive Period Governs § 1981 Failure-to-Promote Actions Involving “New and Distinct” Internal Promotions

Date: Aug 19, 2025
The Stelly Clarification: One-Year Prescriptive Period Governs § 1981 Failure-to-Promote Actions Involving “New and Distinct” Internal Promotions 1. Introduction In Stelly v. Department of Public...
Plain-Error Limits on Borden-Based Challenges: Fifth Circuit Preserves Louisiana Armed Robbery as a “Crime of Violence” Absent Proven Reckless-Mens-Rea Applications

Plain-Error Limits on Borden-Based Challenges: Fifth Circuit Preserves Louisiana Armed Robbery as a “Crime of Violence” Absent Proven Reckless-Mens-Rea Applications

Date: Aug 19, 2025
Plain-Error Limits on Borden-Based Challenges: Fifth Circuit Preserves Louisiana Armed Robbery as a “Crime of Violence” Absent Proven Reckless-Mens-Rea Applications Introduction United States v....
“Substantial-Risk, Not Proven-Harm” –  Fountain v. Rupert Re-Entwines Garrett and Rhodes, Recasting the Fifth Circuit’s Eighth-Amendment Lens

“Substantial-Risk, Not Proven-Harm” – Fountain v. Rupert Re-Entwines Garrett and Rhodes, Recasting the Fifth Circuit’s Eighth-Amendment Lens

Date: Aug 19, 2025
“Substantial-Risk, Not Proven-Harm” – Fountain v. Rupert Re-Entwines Garrett and Rhodes, Recasting the Fifth Circuit’s Eighth-Amendment Lens 1. Introduction On 14 August 2025 the United States Court...
“Loss of Confidence” as a Stand-Alone, Legitimate Reason:  A Commentary on Glover v. Lafayette City-Parish Consolidated Government

“Loss of Confidence” as a Stand-Alone, Legitimate Reason: A Commentary on Glover v. Lafayette City-Parish Consolidated Government

Date: Aug 19, 2025
“Loss of Confidence” as a Stand-Alone, Legitimate Reason Fifth Circuit Commentary on Glover v. Lafayette City-Parish Consolidated Government I. Introduction Thomas L. Glover, a Black law-enforcement...

        Nairne v. Landry: Fifth Circuit Confirms Single-Judge Jurisdiction & Broad Organizational Standing in Section 2 Voting-Rights Litigation

Nairne v. Landry: Fifth Circuit Confirms Single-Judge Jurisdiction & Broad Organizational Standing in Section 2 Voting-Rights Litigation

Date: Aug 19, 2025
Nairne v. Landry: Fifth Circuit Confirms Single-Judge Jurisdiction & Broad Organizational Standing in Section 2 Voting-Rights Litigation Introduction The Fifth Circuit’s decision in Nairne v. Landry...
Conditional Termination Notices Are Not Repudiation, and Fee-Shifting Survives Mutual Termination – A Commentary on Penthol v. Vertex Energy (5th Cir. 2025)

Conditional Termination Notices Are Not Repudiation, and Fee-Shifting Survives Mutual Termination – A Commentary on Penthol v. Vertex Energy (5th Cir. 2025)

Date: Aug 19, 2025
Conditional Termination Notices Are Not Repudiation, and Fee-Shifting Survives Mutual Termination Penthol, L.L.C. v. Vertex Energy Operating, L.L.C., No. 24-20329 (5th Cir. Aug. 14, 2025) 1....
“Beyond Debate” Re-affirmed: Fifth Circuit Clarifies the Specificity Requirement for Clearly-Established Law in Less-Lethal Force Cases

“Beyond Debate” Re-affirmed: Fifth Circuit Clarifies the Specificity Requirement for Clearly-Established Law in Less-Lethal Force Cases

Date: Aug 19, 2025
“Beyond Debate” Re-affirmed: Fifth Circuit Clarifies the Specificity Requirement for Clearly-Established Law in Less-Lethal Force Cases 1. Introduction In Smith v. Saenz, No. 24-50975 (5th Cir. Aug....
Objective Reasonableness Governs “In the Opinion Of” Notice Clauses in Reinsurance Treaties – A Commentary on U.S. Fire Insurance Co. v. Unified Life Insurance Co.

Objective Reasonableness Governs “In the Opinion Of” Notice Clauses in Reinsurance Treaties – A Commentary on U.S. Fire Insurance Co. v. Unified Life Insurance Co.

Date: Aug 19, 2025
Objective Reasonableness Governs “In the Opinion Of” Notice Clauses in Reinsurance Treaties – A Commentary on United States Fire Insurance Co. v. Unified Life Insurance Co., 5th Cir. (2025)...
Mere Observation and Incidental Touch Do Not Amount to Seizure: The “Larremore Rule” on Fourth-Amendment Encounters

Mere Observation and Incidental Touch Do Not Amount to Seizure: The “Larremore Rule” on Fourth-Amendment Encounters

Date: Aug 19, 2025
Mere Observation and Incidental Touch Do Not Amount to Seizure: The “Larremore Rule” on Fourth-Amendment Encounters Introduction United States v. Larremore, No. 24-50431 (5th Cir. Aug. 14, 2025),...
Montiel Rubio v. Bondi: The Fifth Circuit Fortifies the “Voluntary-Return” Rule in Asylum, Withholding, and CAT Proceedings

Montiel Rubio v. Bondi: The Fifth Circuit Fortifies the “Voluntary-Return” Rule in Asylum, Withholding, and CAT Proceedings

Date: Aug 18, 2025
Montiel Rubio v. Bondi: The Fifth Circuit Fortifies the “Voluntary-Return” Rule in Asylum, Withholding, and CAT Proceedings Introduction In Montiel Rubio v. Bondi, decided 13 August 2025, the United...
Beyond the Sanctuary: Defining the Limits of Texas’s Religious-Services Clause on Public Lands

Beyond the Sanctuary: Defining the Limits of Texas’s Religious-Services Clause on Public Lands

Date: Aug 18, 2025
Beyond the Sanctuary: Defining the Limits of Texas’s Religious-Services Clause on Public Lands 1. Introduction Perez v. City of San Antonio, No. 23-50746 (5th Cir. Aug. 13, 2025) is a sweeping...
“Harmless” Guideline Miscalculations after United States v. Abercrombie: When a Clear Crime-of-Violence Error Is Not Plain Error Requiring Vacatur

“Harmless” Guideline Miscalculations after United States v. Abercrombie: When a Clear Crime-of-Violence Error Is Not Plain Error Requiring Vacatur

Date: Aug 18, 2025
“Harmless” Guideline Miscalculations after United States v. Abercrombie: Fifth Circuit Clarifies When Clear Crime–of–Violence Errors Do Not Satisfy the Plain-Error Standard Introduction The Fifth...
Sharpening the Lens of Ascertainability: B. v. Harrington and the Fifth Circuit’s Demand for Precision in Medicaid EPSDT Class Actions

Sharpening the Lens of Ascertainability: B. v. Harrington and the Fifth Circuit’s Demand for Precision in Medicaid EPSDT Class Actions

Date: Aug 15, 2025
Sharpening the Lens of Ascertainability: B. v. Harrington and the Fifth Circuit’s Demand for Precision in Medicaid EPSDT Class Actions 1. Introduction B. v. Harrington, No. 24-30244 (5th Cir. Aug....
“Speculative Future Use” Is Not Enough:  DM Arbor Court v. City of Houston and the Revitalisation of Lucas-Style Categorical Takings

“Speculative Future Use” Is Not Enough: DM Arbor Court v. City of Houston and the Revitalisation of Lucas-Style Categorical Takings

Date: Aug 15, 2025
“Speculative Future Use” Is Not Enough: DM Arbor Court v. City of Houston and the Revitalisation of Lucas-Style Categorical Takings 1. Introduction Hurricane Harvey’s devastation of the Arbor Court...
“Real-World Operability” as the Touchstone of BACT in Texas Permitting

“Real-World Operability” as the Touchstone of BACT in Texas Permitting

Date: Aug 15, 2025
“Real-World Operability” as the Touchstone of BACT in Texas Permitting Introduction In Port Arthur Community Action Network v. Texas Commission on Environmental Quality, the United States Court of...
United States v. Brown: Re-affirming Judicial Control over Multiplicitous Convictions and Post-Verdict Rule 48(a) Dismissals

United States v. Brown: Re-affirming Judicial Control over Multiplicitous Convictions and Post-Verdict Rule 48(a) Dismissals

Date: Aug 15, 2025
United States v. Brown: Re-affirming Judicial Control over Multiplicitous Convictions and Post-Verdict Rule 48(a) Dismissals 1. Introduction In United States v. Brown, No. 24-20095 (5th Cir. Aug. 12,...
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