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5th Circuit Case Commentaries

Extending Constructive Trusts Through Controlled Entities: Ruff v. Destination Development Partners

Extending Constructive Trusts Through Controlled Entities: Ruff v. Destination Development Partners

Date: May 24, 2025
Extending Constructive Trusts Through Controlled Entities: Ruff v. Destination Development Partners Introduction Ruff v. Destination Development Partners, decided May 23, 2025 by the Fifth Circuit,...
Finality and Deference in ADA Termination Appeals: Conner v. Noxubee County

Finality and Deference in ADA Termination Appeals: Conner v. Noxubee County

Date: May 24, 2025
Finality and Deference in ADA Termination Appeals: Conner v. Noxubee County Introduction Conner v. Noxubee County Board of Supervisors, decided May 23, 2025 by the Fifth Circuit Court of Appeals (No....
Fifth Circuit Establishes Post-Dispute Negligence Standard for FCRA Furnishers

Fifth Circuit Establishes Post-Dispute Negligence Standard for FCRA Furnishers

Date: May 23, 2025
Fifth Circuit Establishes Post-Dispute Negligence Standard for FCRA Furnishers Introduction In Schultz v. HomeBridge Financial Services, Inc., No. 24-50193 (5th Cir. May 22, 2025), the Fifth Circuit...
Expanding Maritime Liens: Recognizing "Necessaries" for Vessel Conversions

Expanding Maritime Liens: Recognizing "Necessaries" for Vessel Conversions

Date: May 23, 2025
Expanding Maritime Liens: Recognizing "Necessaries" for Vessel Conversions Introduction John Bludworth Shipyard, L.L.C. (“JBS”) performed nearly $3 million of conversion work on three barges—Captain...
United States v. Bourrage: Expanding Standing and Franks‐Hearing Standards Under Title III

United States v. Bourrage: Expanding Standing and Franks‐Hearing Standards Under Title III

Date: May 22, 2025
United States v. Bourrage: Expanding Standing and Franks‐Hearing Standards Under Title III 1. Introduction In United States v. Bourrage (5th Cir. May 21, 2025), the Fifth Circuit considered five...
Limiting Organizational and Associational Standing in SDWA Primacy Challenges

Limiting Organizational and Associational Standing in SDWA Primacy Challenges

Date: May 22, 2025
Limiting Organizational and Associational Standing in SDWA Primacy Challenges 1. Introduction In Deep South Center for Environmental Justice v. EPA, the Fifth Circuit addressed whether three...
Mandatory Restitution under 18 U.S.C. §2259 Requires Proximate-Cause Analysis to Avoid Exceeding the Statutory Maximum

Mandatory Restitution under 18 U.S.C. §2259 Requires Proximate-Cause Analysis to Avoid Exceeding the Statutory Maximum

Date: May 22, 2025
Mandatory Restitution under 18 U.S.C. §2259 Requires Proximate-Cause Analysis to Avoid Exceeding the Statutory Maximum Introduction United States v. West is a Fifth Circuit decision handed down on...
Rubio v. Guerrero: Clarifying the Double-Deference Standard for Certificates of Appealability under AEDPA

Rubio v. Guerrero: Clarifying the Double-Deference Standard for Certificates of Appealability under AEDPA

Date: May 22, 2025
Rubio v. Guerrero: Clarifying the Double-Deference Standard for Certificates of Appealability under AEDPA Introduction In Rubio v. Guerrero, 24-70004 (5th Cir. May 21, 2025), the Fifth Circuit...
Fugitive Tolling of Federal Supervised Release: Doctrine Affirmed in United States v. Swick

Fugitive Tolling of Federal Supervised Release: Doctrine Affirmed in United States v. Swick

Date: May 16, 2025
Fugitive Tolling of Federal Supervised Release United States v. Swick, 5th Cir., No. 24-10172 (May 15, 2025) Introduction United States v. Swick addresses whether the doctrine of “fugitive...
Welsh v. Lamb County: Limiting Claim-Splitting and Res Judicata for Post-Accrual §1983 Claims

Welsh v. Lamb County: Limiting Claim-Splitting and Res Judicata for Post-Accrual §1983 Claims

Date: May 16, 2025
Welsh v. Lamb County: Limiting Claim-Splitting and Res Judicata for Post-Accrual §1983 Claims Introduction In Welsh v. Lamb County, 5th Cir. Nos. 24-10540 & 24-10576 (May 15, 2025), the Fifth Circuit...
Interplay of Heck, Claim-Splitting, and Qualified Immunity: Accrual of Post-Trial Due Process Claims in § 1983 Actions

Interplay of Heck, Claim-Splitting, and Qualified Immunity: Accrual of Post-Trial Due Process Claims in § 1983 Actions

Date: May 16, 2025
Interplay of Heck, Claim-Splitting, and Qualified Immunity: Accrual of Post-Trial Due Process Claims in § 1983 Actions Introduction The Fifth Circuit’s decision in Welsh v. Hester consolidates two...
Harmless-Error Review of ACCA “Different Occasions” Determinations Post-Erlinger

Harmless-Error Review of ACCA “Different Occasions” Determinations Post-Erlinger

Date: May 16, 2025
Harmless-Error Review of ACCA “Different Occasions” Determinations Post-Erlinger Introduction United States v. Valencia, 22-50283 (5th Cir. May 15, 2025), confronts the intersection of the Armed...
Protecting Third-Party Contractual and Settlement Interests Through Timely Intervention

Protecting Third-Party Contractual and Settlement Interests Through Timely Intervention

Date: May 16, 2025
Protecting Third-Party Contractual and Settlement Interests Through Timely Intervention Introduction In General Land Office v. Kinder, the Fifth Circuit addressed whether border-wall contractors and...
Affirming the Historical Tradition of Disarming Felons: § 922(g)(1) and the Bruen Framework

Affirming the Historical Tradition of Disarming Felons: § 922(g)(1) and the Bruen Framework

Date: May 15, 2025
Affirming the Historical Tradition of Disarming Felons: § 922(g)(1) and the Bruen Framework Introduction United States v. Brown, No. 24-60490 (5th Cir. May 14, 2025), addresses whether 18 U.S.C. §...
Exhaustion of FRA Certification Process as Prerequisite to ADA Qualification for Railroad Conductors

Exhaustion of FRA Certification Process as Prerequisite to ADA Qualification for Railroad Conductors

Date: May 15, 2025
Exhaustion of FRA Certification Process as Prerequisite to ADA Qualification for Railroad Conductors Introduction Turner v. BNSF Railway (5th Cir. 2025) arises from Tracy Turner’s challenge under...
Identical‐Product‐Plus‐In‐State‐Injury: Expanding Specific Personal Jurisdiction Under Ford

Identical‐Product‐Plus‐In‐State‐Injury: Expanding Specific Personal Jurisdiction Under Ford

Date: May 15, 2025
Identical‐Product‐Plus‐In‐State‐Injury: Expanding Specific Personal Jurisdiction Under Ford Introduction In Ethridge v. Samsung SDI Co. (5th Cir. 2025), a Texas resident sued Samsung SDI, a South...
Limiting SBA’s Discretion: Personal Guaranties from Non-Owner Spouses

Limiting SBA’s Discretion: Personal Guaranties from Non-Owner Spouses

Date: May 15, 2025
Limiting SBA’s Discretion: Personal Guaranties from Non-Owner Spouses Introduction Oldham v. SBA is an appeal decided May 14, 2025, by the United States Court of Appeals for the Fifth Circuit....
Stringent Mootness Standard for Voluntary Cessation of University Speech Policies

Stringent Mootness Standard for Voluntary Cessation of University Speech Policies

Date: May 15, 2025
Stringent Mootness Standard for Voluntary Cessation of University Speech Policies Introduction The United States Court of Appeals for the Fifth Circuit in Speech First v. McCall (No. 23-50633, 2025)...
Limiting the “Capable-of-Repetition-Yet-Evading-Review” Exception in SEC No-Action Letter Appeals

Limiting the “Capable-of-Repetition-Yet-Evading-Review” Exception in SEC No-Action Letter Appeals

Date: May 15, 2025
Limiting the “Capable-of-Repetition-Yet-Evading-Review” Exception in SEC No-Action Letter Appeals Introduction This case arises from a dispute between the National Center for Public Policy Research...
Rigorous Pleading Standards for Partnership Formation and Related Tort Claims Under Rule 12(b)(6)

Rigorous Pleading Standards for Partnership Formation and Related Tort Claims Under Rule 12(b)(6)

Date: May 14, 2025
Rigorous Pleading Standards for Partnership Formation and Related Tort Claims Under Rule 12(b)(6) Introduction In Peykoff v. Cawley, the Fifth Circuit confronted a diversity suit arising from a...
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