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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

Aiding-and-Abetting Liability under the Anti-Kickback Statute for Pharmaceutical Marketers – United States v. Cockerell (5th Cir. 2025)

Aiding-and-Abetting Liability under the Anti-Kickback Statute for Pharmaceutical Marketers – United States v. Cockerell (5th Cir. 2025)

Date: Jun 10, 2025
Aiding-and-Abetting Liability under the Anti-Kickback Statute for Pharmaceutical Marketers Introduction United States v. Cockerell is a Fifth Circuit decision handed down on June 5, 2025, affirming...
Circumstantial Inference of Recklessness in Aircraft Laser Offenses: United States v. Roberson

Circumstantial Inference of Recklessness in Aircraft Laser Offenses: United States v. Roberson

Date: Jun 10, 2025
Circumstantial Inference of Recklessness in Aircraft Laser Offenses: United States v. Roberson Introduction United States v. Roberson (5th Cir. 2025) addresses the sentencing enhancement under...
Receivership Supersession of Turnover Orders and Mootness in Post-Judgment Proceedings

Receivership Supersession of Turnover Orders and Mootness in Post-Judgment Proceedings

Date: Jun 10, 2025
Receivership Supersession of Turnover Orders and Mootness in Post-Judgment Proceedings Introduction In Weslease 2018 Operating, L.P. v. Behan, 24-10246 (5th Cir. June 5, 2025), the Fifth Circuit...
Post-Appeal Receivership Appointments Moot Turnover and Enforcement Order Appeals

Post-Appeal Receivership Appointments Moot Turnover and Enforcement Order Appeals

Date: Jun 10, 2025
Post-Appeal Receivership Appointments Moot Turnover and Enforcement Order Appeals Introduction This commentary examines the Fifth Circuit’s decision in Weslease 2018 Operating, L.P. v. Behan (No....
Supersession of Turnover and Enforcement Orders by Subsequent Receivership Appointment

Supersession of Turnover and Enforcement Orders by Subsequent Receivership Appointment

Date: Jun 10, 2025
Supersession of Turnover and Enforcement Orders by Subsequent Receivership Appointment Introduction This commentary examines the United States Court of Appeals for the Fifth Circuit’s per curiam...
Receivership Supersession as a Mootness Rule: Weslease 2018 v. Behan

Receivership Supersession as a Mootness Rule: Weslease 2018 v. Behan

Date: Jun 10, 2025
Receivership Supersession as a Mootness Rule: Weslease 2018 v. Behan Introduction In Weslease 2018 Operating, L.P. v. Behan, the Fifth Circuit addressed the interplay between turnover orders under...
Receivership Supersession Doctrine: Superseding Turnover Orders and Mootness in Fifth Circuit

Receivership Supersession Doctrine: Superseding Turnover Orders and Mootness in Fifth Circuit

Date: Jun 10, 2025
Receivership Supersession Doctrine: Superseding Turnover Orders and Mootness in Fifth Circuit Introduction In Weslease 2018 Operating, L.P. v. Behan, Nos. 24-10246 et al., the United States Court of...
Clarifying the Governmental-Action Exclusion and Appraisal Rights in Homeowner’s Insurance Policies: Wright v. ASI Lloyds

Clarifying the Governmental-Action Exclusion and Appraisal Rights in Homeowner’s Insurance Policies: Wright v. ASI Lloyds

Date: Jun 10, 2025
Clarifying the Governmental-Action Exclusion and Appraisal Rights in Homeowner’s Insurance Policies: Wright v. ASI Lloyds 1. Introduction Wright v. ASI Lloyds, decided June 5, 2025 by the Fifth...
Municipal Demolition and the Governmental-Action Exclusion in Homeowner Policies

Municipal Demolition and the Governmental-Action Exclusion in Homeowner Policies

Date: Jun 10, 2025
Municipal Demolition and the Governmental-Action Exclusion in Homeowner Policies Introduction Wright v. ASI Lloyds (5th Cir. June 5, 2025) establishes that a homeowner’s insurer may invoke a...
The Zook Principle Reaffirmed: Parallel State Laws Incorporating Federal Standards Are Not Preempted

The Zook Principle Reaffirmed: Parallel State Laws Incorporating Federal Standards Are Not Preempted

Date: Jun 10, 2025
The Zook Principle Reaffirmed: Parallel State Laws Incorporating Federal Standards Are Not Preempted 1. Introduction In Zyla Life Sciences, L.L.C. v. Wells Pharma of Houston, L.L.C. (No. 23-20533,...
Clarifying Bankruptcy Fee Approval: Proper Use of §§328 and 330 in Assadi v. Osherow

Clarifying Bankruptcy Fee Approval: Proper Use of §§328 and 330 in Assadi v. Osherow

Date: Jun 10, 2025
Clarifying Bankruptcy Fee Approval: Proper Use of §§328 and 330 in Assadi v. Osherow Introduction In Assadi v. Osherow, the Fifth Circuit confronted recurring fee disputes in a long-running Chapter 7...
Strict Enforcement of FTCA Presentment and Westfall Act Certification: Beary v. Harris County

Strict Enforcement of FTCA Presentment and Westfall Act Certification: Beary v. Harris County

Date: Jun 10, 2025
Strict Enforcement of FTCA Presentment and Westfall Act Certification: Beary v. Harris County Introduction Beary v. Harris County (5th Cir. June 4, 2025) presents a federal appeals court’s guidance...
Establishing Nexus and Exhaustion Standards in Gang-Related Asylum Claims: Castellan-Barrera v. Bondi

Establishing Nexus and Exhaustion Standards in Gang-Related Asylum Claims: Castellan-Barrera v. Bondi

Date: Jun 10, 2025
Establishing Nexus and Exhaustion Standards in Gang-Related Asylum Claims: Castellan-Barrera v. Bondi Introduction Castellan-Barrera v. Bondi, decided on June 4, 2025 by the United States Court of...
Pretext Standard in Failure-to-Promote Claims Affirmed: York v. Ezell

Pretext Standard in Failure-to-Promote Claims Affirmed: York v. Ezell

Date: Jun 10, 2025
Pretext Standard in Failure-to-Promote Claims Affirmed: York v. Ezell Introduction The Fifth Circuit’s decision in Delton York v. Charles Ezell, No. 24-50770 (5th Cir. June 4, 2025), clarifies the...
Purposeful Availment and Limits on Personal Jurisdiction for Nonresident Association Defendants

Purposeful Availment and Limits on Personal Jurisdiction for Nonresident Association Defendants

Date: Jun 10, 2025
Purposeful Availment and Limits on Personal Jurisdiction for Nonresident Association Defendants Introduction This commentary examines the Fifth Circuit’s decision in M. W. Prince Hall Grand Lodge,...
Mandatory Primacy of Arbitration Motions Under the Federal Arbitration Act

Mandatory Primacy of Arbitration Motions Under the Federal Arbitration Act

Date: Jun 10, 2025
Mandatory Primacy of Arbitration Motions Under the Federal Arbitration Act Introduction This commentary examines the Fifth Circuit’s per curiam decision in Odom Industries, Inc. v. Sipcam Agro...
Non-Preclusion of Age Discrimination Claims under the RLA: Palova v. United Airlines

Non-Preclusion of Age Discrimination Claims under the RLA: Palova v. United Airlines

Date: Jun 10, 2025
Non-Preclusion of Age Discrimination Claims under the RLA: Palova v. United Airlines Introduction In Palova v. United Airlines, the Fifth Circuit addressed whether the Railway Labor Act (“RLA”)...
Historical‐Tradition Standard Upholds Felon-in-Possession Prohibition under 18 U.S.C. § 922(g)(1)

Historical‐Tradition Standard Upholds Felon-in-Possession Prohibition under 18 U.S.C. § 922(g)(1)

Date: Jun 10, 2025
Historical‐Tradition Standard Upholds Felon-in-Possession Prohibition under 18 U.S.C. § 922(g)(1) Introduction United States v. Betancourt, 24-20070 (5th Cir. June 4, 2025), presents an appeal by...
Upholding Federal Felon-in-Possession Ban: Section 922(g)(1) Constitutional Post-Bruen

Upholding Federal Felon-in-Possession Ban: Section 922(g)(1) Constitutional Post-Bruen

Date: Jun 10, 2025
Upholding Federal Felon-in-Possession Ban: Section 922(g)(1) Constitutional Post-Bruen Introduction United States v. Branson is a Fifth Circuit decision affirming the conviction of Marcus Delars...
Defining True Threats in Cyberstalking Law: Upholding § 2261A(2)(B) Against First Amendment Challenges

Defining True Threats in Cyberstalking Law: Upholding § 2261A(2)(B) Against First Amendment Challenges

Date: Jun 10, 2025
Defining True Threats in Cyberstalking Law: Upholding § 2261A(2)(B) Against First Amendment Challenges Introduction This commentary examines the Fifth Circuit’s decision in United States v. Jubert...
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