5th Circuit Case Commentaries

Reyes Reaffirms Tradition of Disarming Dangerous Felons after Bruen: The Fifth Circuit’s Post-Rahimi Framework for § 922(g)(1) As-Applied Challenges

Date: Jun 27, 2025

Reyes Reaffirms Tradition of Disarming Dangerous Felons after Bruen: The Fifth Circuit’s Post-Rahimi Framework for § 922(g)(1) As-Applied Challenges Introduction United States v. Reyes, No. 24-40369...

“Instant Termination Means Instant Preclusion” – The Fifth Circuit’s Clarification of Texas Rule 162 in Willis v. Aron

Date: Jun 27, 2025

“Instant Termination Means Instant Preclusion” – The Fifth Circuit’s Clarification of Texas Rule 162 in Willis v. Aron Introduction The United States Court of Appeals for the Fifth Circuit’s...

“Temporal-and-Conceptual Distinctness” after Clark v. Louisiana DPS&C: A Refined Heck Bar for Section 1983 Excessive-Force Claims Arising from Prison Disciplinary Convictions

Date: Jun 25, 2025

“Temporal-and-Conceptual Distinctness” after Clark v. Louisiana Department of Public Safety & Corrections: A Refined Heck Bar for Section 1983 Excessive-Force Claims Arising from Prison Disciplinary...

“Clearly Established” Curtilage Law and Qualified Immunity After Sauceda v. Lopez (Sauceda II)

Date: Jun 25, 2025

“Clearly Established” Curtilage Law and Qualified Immunity After Sauceda v. Lopez (Sauceda II) 1. Introduction Sauceda v. Lopez, No. 24-40174 (5th Cir. 2025), nick-named “Sauceda II,” is the Fifth...

United States v. Griffin: Heightened Appellate Deference to District-Court Credibility Findings in § 2255 Ineffective-Assistance Hearings

Date: Jun 25, 2025

United States v. Griffin: Heightened Appellate Deference to District-Court Credibility Findings in § 2255 Ineffective-Assistance Hearings 1. Introduction United States v. Griffin, No. 22-60453 (5th...

The “Edwards Waiver Doctrine”: When Extended Premium Acceptance Estops ERISA Insurers from Exercising Discretionary Cancellation Rights

Date: Jun 23, 2025

The “Edwards Waiver Doctrine”: When Extended Premium Acceptance Estops ERISA Insurers from Exercising Discretionary Cancellation Rights 1. Introduction Edwards v. Guardian Life Ins., No. 24-60381...

“Stone Still Stands” – Fifth Circuit Affirms the Ongoing Prohibition against Permanent Religious Displays in Public-School Classrooms (Roake v. Brumley)

Date: Jun 23, 2025

“Stone Still Stands” – Fifth Circuit Affirms the Ongoing Prohibition against Permanent Religious Displays in Public-School Classrooms (Roake v. Brumley) 1. Introduction Roake v. Brumley is the first...

Presumed Prejudice for Improper Mid-Trial Juror Dismissals: United States v. Carpenter

Date: Jun 23, 2025

Presumed Prejudice for Improper Mid-Trial Juror Dismissals: United States v. Carpenter 1. Introduction United States v. Carpenter, No. 24-11076 (5th Cir. 2025) arises out of a multi-million-dollar...

“Premises, Pipelines & Protest”: The Fifth Circuit’s Limiting-Construction Doctrine for Louisiana’s Infrastructure Trespass Statute

Date: Jun 23, 2025

“Premises, Pipelines & Protest” The Fifth Circuit’s Limiting-Construction Doctrine for Louisiana’s Infrastructure Trespass Statute Introduction White Hat v. Murrill, No. 24-30272 (5th Cir. 2025),...

“Waivers Mean Waivers” – United States v. Nyandoro and the Fifth Circuit’s Re-Statement on Appeal Waivers, Factual-Insufficiency, and Second-Amendment Challenges

Date: Jun 23, 2025

“Waivers Mean Waivers” – United States v. Nyandoro and the Fifth Circuit’s Re-Statement on Appeal Waivers, Factual-Insufficiency, and Second-Amendment Challenges 1. Introduction United States v....

“Connected-To” Is Pure Fact: Fifth Circuit Bars Judicial Review of Causation Findings in VAWA Cancellation (Agwuegbo v. Bondi)

Date: Jun 20, 2025

“Connected-To” Is Pure Fact: Fifth Circuit Bars Judicial Review of Causation Findings in VAWA Cancellation Commentary on Agwuegbo v. Bondi, No. 24-60388 (5th Cir. June 18 2025) 1. Introduction In...

Boone v. Rankin County: Fifth Circuit Adopts “Abuse-of-Discretion” Review for Compensatory Education Under IDEA

Date: Jun 20, 2025

Boone v. Rankin County: Fifth Circuit Adopts “Abuse-of-Discretion” Review for Compensatory Education Under IDEA Introduction In Boone v. Rankin County Public School District, No. 23-60333 (5th Cir....

Fifth Circuit Solidifies the “No-State-Action” Rule for Private Employer Vaccine Mandates – A Commentary on Bridges v. Methodist Hospital (2025)

Date: Jun 20, 2025

Fifth Circuit Solidifies the “No-State-Action” Rule for Private Employer Vaccine Mandates: A Comprehensive Commentary on Bridges v. Methodist Hospital, No. 24-20483 (5th Cir. 2025) 1. Introduction In...

Brown v. Commissioner: Clarifying Claimant’s Burden to Establish Non-SGA Past Work at Step Four

Date: Jun 20, 2025

Brown v. Commissioner: Clarifying Claimant’s Burden to Establish Non-SGA Past Work at Step Four Introduction In Brown v. Commissioner, Social Security Administration, No. 24-11068 (5th Cir. 2025),...

No Credible Threat, No Standing: Fifth Circuit Clarifies Employer Standing in Pre-Enforcement Challenges to NLRB Guidance

Date: Jun 20, 2025

No Credible Threat, No Standing: Fifth Circuit Clarifies Employer Standing in Pre-Enforcement Challenges to NLRB Guidance Introduction Burnett Specialists v. Cowen concerns five Texas-based staffing...

“Smith v. General Motors”: Fifth Circuit Re-Affirms Strict Timeliness, Exhaustion, and Limited Continuing-Violation Doctrine under the ADA

Date: Jun 20, 2025

“Smith v. General Motors”: Fifth Circuit Re-Affirms Strict Timeliness, Exhaustion, and Limited Continuing-Violation Doctrine under the ADA Introduction In Smith v. General Motors, L.L.C.,...

Standing as a Gatekeeper: Fifth Circuit Restricts Post-Judgment Intervention for Private Unsealing Requests

Date: Jun 20, 2025

Standing as a Gatekeeper: Fifth Circuit Restricts Post-Judgment Intervention for Private Unsealing Requests 1. Introduction In Yellow Rock, L.L.C. v. Axiall Corp., No. 24-30540 (5th Cir. June 17,...

Fifth Circuit Adopts Presumption of Consumer Reliance and Re-draws the Limits of FTC Monetary Redress – A Commentary on FTC v. ZAAPPAAZ

Date: Jun 20, 2025

Fifth Circuit Adopts Presumption of Consumer Reliance and Re-draws the Limits of FTC Monetary Redress – A Commentary on FTC v. ZAAPPAAZ Introduction In FTC v. ZAAPPAAZ, L.L.C., No. 24-20234 (5th Cir....

First Baptist Church II: Fifth Circuit Clarifies Mandate Rule, Law-of-the-Case, and Trial-Court Discretion on Remand

Date: Jun 20, 2025

First Baptist Church II: Fifth Circuit Clarifies Mandate Rule, Law-of-the-Case, and Trial-Court Discretion on Remand Introduction In First Baptist Church of Iowa, Louisiana v. Church Mutual Insurance...

Gonzalez v. Walgreen: Fifth Circuit Affirms that Customer-Volunteers Are Not Agents and that “Source Knowledge” Alone Cannot Establish Premises-Liability Notice

Date: Jun 20, 2025

Gonzalez v. Walgreen: Fifth Circuit Affirms that Customer-Volunteers Are Not Agents and that “Source Knowledge” Alone Cannot Establish Premises-Liability Notice Introduction On 16 June 2025 the...

Previous Next