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5th Circuit Case Commentaries

Subpoenaed but Not Shielded: Fifth Circuit Clarifies Limits of Lane-based Protection for Public-Employee Testimony

Subpoenaed but Not Shielded: Fifth Circuit Clarifies Limits of Lane-based Protection for Public-Employee Testimony

Date: Jun 20, 2025
Subpoenaed but Not Shielded: Fifth Circuit Clarifies Limits of Lane-based Protection for Public-Employee Testimony Introduction Hamilton v. City of Wilmer, Texas is the Fifth Circuit’s latest foray...
United States v. Allam: Clarifying “Relevantly Similar” Historical Analogues for Modern School-Zone Firearm Restrictions

United States v. Allam: Clarifying “Relevantly Similar” Historical Analogues for Modern School-Zone Firearm Restrictions

Date: Jun 20, 2025
United States v. Allam: Clarifying “Relevantly Similar” Historical Analogues for Modern School-Zone Firearm Restrictions Introduction United States v. Allam (5th Cir. 2025) addresses whether...
“From Passive to Active”: Anderson v. Estrada and the Fifth Circuit’s Refined Test for Active Resistance and Drive-Stun Taser Use

“From Passive to Active”: Anderson v. Estrada and the Fifth Circuit’s Refined Test for Active Resistance and Drive-Stun Taser Use

Date: Jun 18, 2025
“From Passive to Active”: Anderson v. Estrada and the Fifth Circuit’s Refined Test for Active Resistance and Drive-Stun Taser Use Introduction Anderson v. Estrada, No. 24-20142 (5th Cir. June 13...
“Objective-Verifiability” as a Threshold for §1681i Claims: A Commentary on Reyes v. Equifax (5th Cir. 2025)

“Objective-Verifiability” as a Threshold for §1681i Claims: A Commentary on Reyes v. Equifax (5th Cir. 2025)

Date: Jun 18, 2025
“Objective-Verifiability” as a Threshold for §1681i Claims: A Commentary on Reyes v. Equifax (5th Cir. 2025) 1. Introduction In Reyes v. Equifax Information Services, L.L.C., the United States Court...
United States v. Sanchez: Reaffirming Firearm Prohibitions for Presently-Intoxicated Controlled-Substance Users

United States v. Sanchez: Reaffirming Firearm Prohibitions for Presently-Intoxicated Controlled-Substance Users

Date: Jun 18, 2025
United States v. Sanchez: Reaffirming Firearm Prohibitions for Presently-Intoxicated Controlled-Substance Users 1. Introduction United States v. Sanchez, No. 23-50293 (5th Cir. June 13, 2025) is a...
Yanez v. Dish Network: Fifth Circuit Abrogates the “Alford Exception” and Restricts Dismissals of Cases Stayed for Arbitration

Yanez v. Dish Network: Fifth Circuit Abrogates the “Alford Exception” and Restricts Dismissals of Cases Stayed for Arbitration

Date: Jun 18, 2025
Yanez v. Dish Network: Fifth Circuit Abrogates the “Alford Exception” and Restricts Dismissals of Cases Stayed for Arbitration Introduction In Yanez v. Dish Network, L.L.C., No. 24-50580 (5th Cir....
No Private Right of Action under the No Surprises Act – Commentary on Guardian Flight v. Health Care Service Corp.

No Private Right of Action under the No Surprises Act – Commentary on Guardian Flight v. Health Care Service Corp.

Date: Jun 18, 2025
No Private Right of Action under the No Surprises Act: Guardian Flight, L.L.C. & Med-Trans Corp. v. Health Care Service Corp. Introduction On 12 June 2025 the U.S. Court of Appeals for the Fifth...
Reinforcing Limited Judicial Review & Arbitral Immunity under the No Surprises Act:  A Commentary on Guardian Flight, L.L.C. v. Aetna Health, Inc. (5th Cir. 2025)

Reinforcing Limited Judicial Review & Arbitral Immunity under the No Surprises Act: A Commentary on Guardian Flight, L.L.C. v. Aetna Health, Inc. (5th Cir. 2025)

Date: Jun 18, 2025
Reinforcing Limited Judicial Review & Arbitral Immunity under the No Surprises Act: A Commentary on Guardian Flight, L.L.C. v. Aetna Health, Inc. (5th Cir. 2025) Introduction The Fifth Circuit’s...
Consolidating Judicial Review under the No Surprises Act: Fifth Circuit Confirms Exclusive FAA Grounds and Extends Arbitral Immunity to Certified IDR Entities

Consolidating Judicial Review under the No Surprises Act: Fifth Circuit Confirms Exclusive FAA Grounds and Extends Arbitral Immunity to Certified IDR Entities

Date: Jun 18, 2025
Consolidating Judicial Review under the No Surprises Act: Fifth Circuit Confirms Exclusive FAA Grounds and Extends Arbitral Immunity to Certified IDR Entities Introduction Guardian Flight, L.L.C. v....
Clarifying the Limits of “Satisfaction” and “Settlement” Clauses in Chapter 11 Plans: A Commentary on Atlantic Maritime v. QuarterNorth Energy

Clarifying the Limits of “Satisfaction” and “Settlement” Clauses in Chapter 11 Plans: A Commentary on Atlantic Maritime v. QuarterNorth Energy

Date: Jun 18, 2025
Clarifying the Limits of “Satisfaction” and “Settlement” Clauses in Chapter 11 Plans: Atlantic Maritime v. QuarterNorth Energy Introduction Atlantic Maritime Services, L.L.C. (“Atlantic”) and...
Dow Construction v. BPX Operating: The Fifth Circuit Redefines “Unleased Interests,” Expands Forfeiture to Post-Production Costs, and Imposes a One-Year Prescriptive Period Under Louisiana Forced-Pooling Law

Dow Construction v. BPX Operating: The Fifth Circuit Redefines “Unleased Interests,” Expands Forfeiture to Post-Production Costs, and Imposes a One-Year Prescriptive Period Under Louisiana Forced-Pooling Law

Date: Jun 11, 2025
Dow Construction v. BPX Operating: The Fifth Circuit Redefines “Unleased Interests,” Expands Forfeiture to Post-Production Costs, and Imposes a One-Year Prescriptive Period Under Louisiana...
United States v. Jackson: Fifth Circuit Clarifies Limits on Sua Sponte “Edwards Competency” Hearings for Self-Represented Defendants

United States v. Jackson: Fifth Circuit Clarifies Limits on Sua Sponte “Edwards Competency” Hearings for Self-Represented Defendants

Date: Jun 11, 2025
United States v. Jackson: Fifth Circuit Clarifies Limits on Sua Sponte “Edwards Competency” Hearings for Self-Represented Defendants Introduction In United States v. Jackson, No. 23-30683 (5th Cir....
Morrow v. Jones: The Fifth Circuit Declares Rule 23(h) Notice a Non-Forfeitable Prerequisite to Attorney-Fee Awards

Morrow v. Jones: The Fifth Circuit Declares Rule 23(h) Notice a Non-Forfeitable Prerequisite to Attorney-Fee Awards

Date: Jun 11, 2025
Morrow v. Jones: The Fifth Circuit Declares Rule 23(h) Notice a Non-Forfeitable Prerequisite to Attorney-Fee Awards Introduction Morrow v. Jones (United States Court of Appeals for the Fifth Circuit,...
Qualified Immunity and Defensive Return Fire in Human-Shield Hostage Encounters

Qualified Immunity and Defensive Return Fire in Human-Shield Hostage Encounters

Date: Jun 10, 2025
Qualified Immunity and Defensive Return Fire in Human-Shield Hostage Encounters Introduction This appeal arises from the tragic death of three-month-old La’Mello Parker, who was held by his father as...
Macias v. Bexar County: Reinforcing Rule 16 Good Cause and Monell Liability Requirements

Macias v. Bexar County: Reinforcing Rule 16 Good Cause and Monell Liability Requirements

Date: Jun 10, 2025
Macias v. Bexar County: Reinforcing Rule 16 Good Cause and Monell Liability Requirements Introduction Macias v. Bexar County is a Fifth Circuit decision issued on June 6, 2025. It arose from the...
Full Faith and Credit Bars Relitigation of State-Court Defenses in Federal Civil-Rights Suits

Full Faith and Credit Bars Relitigation of State-Court Defenses in Federal Civil-Rights Suits

Date: Jun 10, 2025
Full Faith and Credit Bars Relitigation of State-Court Defenses in Federal Civil-Rights Suits Introduction Odeh v. Butler is a Fifth Circuit decision clarifying how federal courts must apply...
Paz v. Hayden: Failure to Rebut Qualified Immunity Bars §1983 Illegal Search Claims

Paz v. Hayden: Failure to Rebut Qualified Immunity Bars §1983 Illegal Search Claims

Date: Jun 10, 2025
Paz v. Hayden: Failure to Rebut Qualified Immunity Bars §1983 Illegal Search Claims Introduction In Paz v. Hayden, No. 24-20226 (5th Cir. June 6, 2025), Richard Allen Paz sued a group of Texas...
Constitutional Scope of § 922(g)(1) for Burglary Convicts & Sentencing Enhancement via Attempted First-Degree Murder Cross-Reference

Constitutional Scope of § 922(g)(1) for Burglary Convicts & Sentencing Enhancement via Attempted First-Degree Murder Cross-Reference

Date: Jun 10, 2025
Constitutional Scope of § 922(g)(1) for Burglary Convicts & Sentencing Enhancement via Attempted First-Degree Murder Cross-Reference Introduction United States v. Lopez, 24-50182 (5th Cir. June 6,...
Non-Finality of Denial Without Prejudice of Motion to Dissolve Writ of Garnishment Under 28 U.S.C. §1291

Non-Finality of Denial Without Prejudice of Motion to Dissolve Writ of Garnishment Under 28 U.S.C. §1291

Date: Jun 10, 2025
Non-Finality of Denial Without Prejudice of Motion to Dissolve Writ of Garnishment Under 28 U.S.C. §1291 Introduction Natour v. Bank of America, decided by the United States Court of Appeals for the...
Reasonable Limits on Discovery Access for Pro Se Incarcerated Defendants: United States v. Black

Reasonable Limits on Discovery Access for Pro Se Incarcerated Defendants: United States v. Black

Date: Jun 10, 2025
Reasonable Limits on Discovery Access for Pro Se Incarcerated Defendants: United States v. Black Introduction United States v. Black (5th Cir. 2025) arises from the conviction of Brian Deboris Black...
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