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  • Commentaries
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5th Circuit Case Commentaries

“When the Heat Itself Cries Out”: The Fifth Circuit’s Refined Standard for Deliberate Indifference to Extreme Temperatures in Texas Prisons – Commentary on Coones v. Cogburn (5th Cir. 2025)

“When the Heat Itself Cries Out”: The Fifth Circuit’s Refined Standard for Deliberate Indifference to Extreme Temperatures in Texas Prisons – Commentary on Coones v. Cogburn (5th Cir. 2025)

Date: Jul 30, 2025
“When the Heat Itself Cries Out” The Fifth Circuit’s Refined Standard for Deliberate Indifference to Extreme Temperatures in Texas Prisons – Commentary on Coones v. Cogburn (5th Cir. 2025) 1....
Post-Denial Medical Developments and the “Continuum of Reasonableness” Test under ERISA: A Commentary on Black v. Unum Life Insurance Co.

Post-Denial Medical Developments and the “Continuum of Reasonableness” Test under ERISA: A Commentary on Black v. Unum Life Insurance Co.

Date: Jul 30, 2025
Post-Denial Medical Developments and the “Continuum of Reasonableness” Test under ERISA: A Detailed Commentary on Black v. Unum Life Insurance Company (5th Cir. 2025) 1. Introduction This commentary...
“Actual Knowledge” as the Linchpin of Calder-Effects Personal Jurisdiction: A Detailed Commentary on Boyd v. Cleara, L.L.C. (5th Cir. 2025)

“Actual Knowledge” as the Linchpin of Calder-Effects Personal Jurisdiction: A Detailed Commentary on Boyd v. Cleara, L.L.C. (5th Cir. 2025)

Date: Jul 30, 2025
“Actual Knowledge” as the Linchpin of Calder-Effects Personal Jurisdiction: A Detailed Commentary on Boyd v. Cleara, L.L.C. (5th Cir. 2025) Introduction Boyd v. Cleara, L.L.C., No. 24-10609, decided...
United States v. Bennett – Federal Eminent-Domain Supremacy over State Trespass-Fixture Claims

United States v. Bennett – Federal Eminent-Domain Supremacy over State Trespass-Fixture Claims

Date: Jul 30, 2025
Federal Eminent-Domain Supremacy over State Trespass-Fixture Claims: A Commentary on United States v. Bennett (5th Cir. 2025) Introduction United States v. Bennett squarely addresses whether a...
“Previously Unavailable” Means “Possibly Meritorious”: Fifth Circuit Clarifies § 2244(b)(2)(A) in Johnson v. Guerrero

“Previously Unavailable” Means “Possibly Meritorious”: Fifth Circuit Clarifies § 2244(b)(2)(A) in Johnson v. Guerrero

Date: Jul 25, 2025
“Previously Unavailable” Means “Possibly Meritorious”: Fifth Circuit Clarifies § 2244(b)(2)(A) in Johnson v. Guerrero Introduction Johnson v. Guerrero, No. 23-70002 (5th Cir. 2025) tackles a...
Guaranteeing “Next-Available Position” Reinstatement: The Fifth Circuit’s Expansive Equitable Remedy in McMillian v. Aberdeen School District

Guaranteeing “Next-Available Position” Reinstatement: The Fifth Circuit’s Expansive Equitable Remedy in McMillian v. Aberdeen School District

Date: Jul 25, 2025
Guaranteeing “Next-Available Position” Reinstatement: The Fifth Circuit’s Expansive Equitable Remedy in McMillian v. Aberdeen School District Introduction The United States Court of Appeals for the...

        Fifth Circuit Reaffirms Strict Construction of 8 U.S.C. § 1326(d) 
        and Rejects Ninth Circuit’s Valdivia-Flores Approach:
        A Commentary on United States v. Ortiz-Rodriguez (2025)

Fifth Circuit Reaffirms Strict Construction of 8 U.S.C. § 1326(d) and Rejects Ninth Circuit’s Valdivia-Flores Approach: A Commentary on United States v. Ortiz-Rodriguez (2025)

Date: Jul 25, 2025
Fifth Circuit Reaffirms Strict Construction of 8 U.S.C. § 1326(d) and Rejects the “Later-Change-in-Law” Exception: United States v. Ortiz-Rodriguez 1. Introduction In United States v....
Fifth Circuit Re-Affirms Strict Compliance with 8 U.S.C. § 1326(d) for Collateral Attacks on Expedited Removal Orders Despite Subsequent Changes in Aggravated-Felony Law

Fifth Circuit Re-Affirms Strict Compliance with 8 U.S.C. § 1326(d) for Collateral Attacks on Expedited Removal Orders Despite Subsequent Changes in Aggravated-Felony Law

Date: Jul 25, 2025
Fifth Circuit Re-Affirms Strict Compliance with 8 U.S.C. § 1326(d) for Collateral Attacks on Expedited Removal Orders Despite Subsequent Changes in Aggravated-Felony Law I. Introduction In United...
Fifth Circuit Tightens the Clock: Doe v. City View ISD and the Strict Two-Year Limitations Period for Title IX Claims

Fifth Circuit Tightens the Clock: Doe v. City View ISD and the Strict Two-Year Limitations Period for Title IX Claims

Date: Jul 24, 2025
Fifth Circuit Tightens the Clock: Doe v. City View ISD and the Strict Two-Year Limitations Period for Title IX Claims Introduction Jane Doe 1 v. City View Independent School District (Doe v. City...
Fifth Circuit Clarifies Effect of 2023 Guidelines Amendment: Texas Robbery Still a “Crime of Violence”

Fifth Circuit Clarifies Effect of 2023 Guidelines Amendment: Texas Robbery Still a “Crime of Violence”

Date: Jul 24, 2025
Fifth Circuit Clarifies Effect of 2023 Guidelines Amendment: Texas Robbery Still a “Crime of Violence” Introduction United States v. Wickware, No. 24-10519 (5th Cir. July 22 2025), addresses how a...
When “Applicable Law” Isn’t Enough: Fifth Circuit Clarifies the Limits of State Law in Federal Enclaves – A Commentary on Vinales v. AETC II

When “Applicable Law” Isn’t Enough: Fifth Circuit Clarifies the Limits of State Law in Federal Enclaves – A Commentary on Vinales v. AETC II

Date: Jul 24, 2025
When “Applicable Law” Isn’t Enough: Fifth Circuit Clarifies the Limits of State Law in Federal Enclaves – A Commentary on Vinales v. AETC II Introduction Vinales v. AETC II, No. 24-50113 (5th Cir....
Strategic Use of Genetic Predisposition Evidence in Capital Sentencing:  Wells v. Guerrero and the Scope of Ineffective-Assistance Challenges

Strategic Use of Genetic Predisposition Evidence in Capital Sentencing: Wells v. Guerrero and the Scope of Ineffective-Assistance Challenges

Date: Jul 24, 2025
Strategic Use of Genetic Predisposition Evidence in Capital Sentencing: Wells v. Guerrero and the Scope of Ineffective-Assistance Challenges Introduction In Wells v. Guerrero, No. 24-70002 (5th Cir....
Carter v. City of Shreveport: Fifth Circuit Re-Affirms that the ADA Does Not Create a Medical Standard of Care

Carter v. City of Shreveport: Fifth Circuit Re-Affirms that the ADA Does Not Create a Medical Standard of Care

Date: Jul 23, 2025
Carter v. City of Shreveport: Fifth Circuit Re-Affirms that the ADA Does Not Create a Medical Standard of Care 1. Introduction In Carter v. City of Shreveport, No. 23-30848 (5th Cir. July 21, 2025),...
“Not the Proper Stuff of a Federal Harassment Claim”: The Fifth Circuit Re-draws the Severity Line for Student-on-Student Title IX Claims in M.K. v. Pearl River County School District

“Not the Proper Stuff of a Federal Harassment Claim”: The Fifth Circuit Re-draws the Severity Line for Student-on-Student Title IX Claims in M.K. v. Pearl River County School District

Date: Jul 22, 2025
“Not the Proper Stuff of a Federal Harassment Claim”: The Fifth Circuit Re-draws the Severity Line for Student-on-Student Title IX Claims in M.K. v. Pearl River County School District 1. Introduction...
Fifth Circuit Clarifies that Louisiana Synthetic-Cannabinoid Convictions Are Not Automatically “Controlled Substance Offenses” for Career-Offender Purposes

Fifth Circuit Clarifies that Louisiana Synthetic-Cannabinoid Convictions Are Not Automatically “Controlled Substance Offenses” for Career-Offender Purposes

Date: Jul 22, 2025
Fifth Circuit Clarifies that Louisiana Synthetic-Cannabinoid Convictions Are Not Automatically “Controlled Substance Offenses” for Career-Offender Purposes Introduction In United States v. Edmond,...
Alternative §3553(a) Sentences and Written Statements of Reasons Defeat Plain-Error Challenges to Guideline Miscalculations: The Fifth Circuit Reaffirms Hott and Clarifies Diggles

Alternative §3553(a) Sentences and Written Statements of Reasons Defeat Plain-Error Challenges to Guideline Miscalculations: The Fifth Circuit Reaffirms Hott and Clarifies Diggles

Date: Jul 15, 2025
Alternative §3553(a) Sentences and Written Statements of Reasons Defeat Plain-Error Challenges to Guideline Miscalculations: The Fifth Circuit Reaffirms Hott and Clarifies Diggles Introduction In...
Williams v. BP: Fifth Circuit Re-Affirms Rigorous Daubert Gate-Keeping and Rejects “Feather-Weight” Causation in Deepwater Horizon BELO Claims

Williams v. BP: Fifth Circuit Re-Affirms Rigorous Daubert Gate-Keeping and Rejects “Feather-Weight” Causation in Deepwater Horizon BELO Claims

Date: Jul 13, 2025
Williams v. BP: Fifth Circuit Re-Affirms Rigorous Daubert Gate-Keeping and Rejects “Feather-Weight” Causation in Deepwater Horizon BELO Claims Introduction Court / Date: United States Court of...
“Reasonable Relationship, Not Perfect Tailoring” – The Fifth Circuit’s Suicide-Prevention Confinement Standard after Alexander v. Taft

“Reasonable Relationship, Not Perfect Tailoring” – The Fifth Circuit’s Suicide-Prevention Confinement Standard after Alexander v. Taft

Date: Jul 12, 2025
“Reasonable Relationship, Not Perfect Tailoring” – The Fifth Circuit’s Suicide-Prevention Confinement Standard after Alexander v. Taft I. Introduction In Alexander v. Taft, No. 24-10663 (5th Cir....
Lavigne v. Hooper: Fifth Circuit Clarifies the “Due-Diligence” Threshold and Mandatory Evidentiary Hearings for Pro Se §2254 Petitioners Alleging Plea-Stage Ineffective Assistance

Lavigne v. Hooper: Fifth Circuit Clarifies the “Due-Diligence” Threshold and Mandatory Evidentiary Hearings for Pro Se §2254 Petitioners Alleging Plea-Stage Ineffective Assistance

Date: Jul 12, 2025
Lavigne v. Hooper: Fifth Circuit Clarifies the “Due-Diligence” Threshold and Mandatory Evidentiary Hearings for Pro Se §2254 Petitioners Alleging Plea-Stage Ineffective Assistance Introduction The...
Beyond Industry Custom: Fifth Circuit Clarifies Employer Duties Under OSHA Machine-Guarding Standard

Beyond Industry Custom: Fifth Circuit Clarifies Employer Duties Under OSHA Machine-Guarding Standard

Date: Jul 12, 2025
Beyond Industry Custom: Fifth Circuit Clarifies Employer Duties Under OSHA Machine-Guarding Standard 1. Introduction In Mar-Jac Poultry MS, L.L.C. v. Secretary, U.S. Department of Labor, No. 24-60026...
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