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5th Circuit Case Commentaries

“Contemplated” Is Not “Conveyed”: The Fifth Circuit Clarifies Conditional Assignments of Post-Loss Insurance Rights in Navarre v. AIG Property Casualty (2025)

“Contemplated” Is Not “Conveyed”: The Fifth Circuit Clarifies Conditional Assignments of Post-Loss Insurance Rights in Navarre v. AIG Property Casualty (2025)

Date: Jul 12, 2025
“Contemplated” Is Not “Conveyed”: The Fifth Circuit Clarifies Conditional Assignments of Post-Loss Insurance Rights in Navarre v. AIG Property Casualty (2025) 1. Introduction The United States Court...
“Deceptive” ≠ “Unfair”: The Fifth-Circuit’s Definitive Statement on §45(n) and the Scope of FTC Authority – A Commentary on Traffic Jam Events v. FTC (2025)

“Deceptive” ≠ “Unfair”: The Fifth-Circuit’s Definitive Statement on §45(n) and the Scope of FTC Authority – A Commentary on Traffic Jam Events v. FTC (2025)

Date: Jul 12, 2025
“Deceptive” ≠ “Unfair”: The Fifth-Circuit’s Definitive Statement on §45(n) and the Scope of FTC Authority – Commentary on Traffic Jam Events v. FTC, No. 21-60947 (5th Cir. 2025) 1. Introduction...
United States v. Cortez-Zepeda: Fifth Circuit Reaffirms the Defendant’s Burden to Invalidate Signed Waivers in § 1326(d) Collateral Attacks

United States v. Cortez-Zepeda: Fifth Circuit Reaffirms the Defendant’s Burden to Invalidate Signed Waivers in § 1326(d) Collateral Attacks

Date: Jul 12, 2025
United States v. Cortez-Zepeda: Fifth Circuit Reaffirms the Defendant’s Burden to Invalidate Signed Waivers in § 1326(d) Collateral Attacks Introduction In United States v. Cortez-Zepeda,...
United States v. Silva: Endorsing Proportional Drug-Quantity Attribution for Minor Co-Conspirators under U.S.S.G. §1B1.3

United States v. Silva: Endorsing Proportional Drug-Quantity Attribution for Minor Co-Conspirators under U.S.S.G. §1B1.3

Date: Jul 12, 2025
United States v. Silva: Endorsing Proportional Drug-Quantity Attribution for Minor Co-Conspirators under U.S.S.G. §1B1.3 Introduction The Court of Appeals for the Fifth Circuit, in United States v....
Clarifying Immunity and Rooker-Feldman in Post-Eviction § 1983 Litigation: A Commentary on Kemp v. Powers (5th Cir. 2025)

Clarifying Immunity and Rooker-Feldman in Post-Eviction § 1983 Litigation: A Commentary on Kemp v. Powers (5th Cir. 2025)

Date: Jul 12, 2025
Clarifying Immunity and Rooker-Feldman in Post-Eviction § 1983 Litigation: A Commentary on Kemp v. Powers (5th Cir. 2025) Court: U.S. Court of Appeals for the Fifth Circuit Docket No.: 25-30024   |  ...
United States v. Barrow: Fifth Circuit Affirms Officer’s Authority to Extend a Traffic Stop When Investigating a Plate-VIN Discrepancy — Even If the Discrepancy Originates from the Officer’s Own Typographical Error

United States v. Barrow: Fifth Circuit Affirms Officer’s Authority to Extend a Traffic Stop When Investigating a Plate-VIN Discrepancy — Even If the Discrepancy Originates from the Officer’s Own Typographical Error

Date: Jul 12, 2025
United States v. Barrow: Fifth Circuit Affirms Officer’s Authority to Extend a Traffic Stop When Investigating a Plate-VIN Discrepancy — Even If the Discrepancy Originates from the Officer’s Own...
Evenhanded Housekeeping & Casual Dialogue: The Fifth Circuit Narrows “Coercive Interrogation” and Endorses Neutral Policy Enforcement in Apple v. NLRB (2025)

Evenhanded Housekeeping & Casual Dialogue: The Fifth Circuit Narrows “Coercive Interrogation” and Endorses Neutral Policy Enforcement in Apple v. NLRB (2025)

Date: Jul 10, 2025
Evenhanded Housekeeping & Casual Dialogue: The Fifth Circuit Narrows “Coercive Interrogation” and Endorses Neutral Policy Enforcement in Apple v. NLRB (2025) 1. Introduction This commentary examines...
Series-Qualifier Ambiguity & the Insured-Friendly Rule:  Fifth Circuit Narrows Intellectual-Property Exclusions in D&O Policies

Series-Qualifier Ambiguity & the Insured-Friendly Rule: Fifth Circuit Narrows Intellectual-Property Exclusions in D&O Policies

Date: Jul 10, 2025
Series-Qualifier Ambiguity & the Insured-Friendly Rule: Paloma Resources, L.L.C. v. Axis Insurance Co. (5th Cir. July 7 2025) 1. Introduction Paloma Resources, L.L.C. (“Paloma”) purchased a Directors...
“Checking the Right Box”:  Whittington v. Harris County and the Fifth Circuit’s Clarification of Color-versus-Race Exhaustion under Title VII

“Checking the Right Box”: Whittington v. Harris County and the Fifth Circuit’s Clarification of Color-versus-Race Exhaustion under Title VII

Date: Jul 10, 2025
“Checking the Right Box”: Whittington v. Harris County and the Fifth Circuit’s Clarification of Color-versus-Race Exhaustion under Title VII Introduction In Whittington v. Harris County, Texas,...

        Frias v. Hernandez: The Fifth Circuit’s Clarion Call on “Objective” Scope-of-Employment Immunity under § 101.106(f)

Frias v. Hernandez: The Fifth Circuit’s Clarion Call on “Objective” Scope-of-Employment Immunity under § 101.106(f)

Date: Jul 5, 2025
Frias v. Hernandez: The Fifth Circuit’s Clarion Call on “Objective” Scope-of-Employment Immunity under § 101.106(f) Introduction In Frias v. Hernandez, the United States Court of Appeals for the...
“One Sovereign, One Voice”: The Fifth Circuit Confirms Federal Supremacy over State Immigration Enforcement and Revives Havens-Style Organizational Standing

“One Sovereign, One Voice”: The Fifth Circuit Confirms Federal Supremacy over State Immigration Enforcement and Revives Havens-Style Organizational Standing

Date: Jul 5, 2025
“One Sovereign, One Voice” The Fifth Circuit Confirms Federal Supremacy over State Immigration Enforcement and Revives Havens-Style Organizational Standing I. Introduction United States v. State of...
No Express Pre-emption: Fifth Circuit Clarifies the Reach of 7 U.S.C. § 1926(b) vis-à-vis Texas Water Code § 13.2541

No Express Pre-emption: Fifth Circuit Clarifies the Reach of 7 U.S.C. § 1926(b) vis-à-vis Texas Water Code § 13.2541

Date: Jul 4, 2025
No Express Pre-emption: Fifth Circuit Clarifies the Reach of 7 U.S.C. § 1926(b) vis-à-vis Texas Water Code § 13.2541 I. Introduction Crystal Clear Special Utility District (Crystal Clear) sought to...
Reed v. Marshall: Fifth Circuit Forecloses Lanham Act Suits Between Co-Owners of a Trademark

Reed v. Marshall: Fifth Circuit Forecloses Lanham Act Suits Between Co-Owners of a Trademark

Date: Jul 4, 2025
Reed v. Marshall: Fifth Circuit Forecloses Lanham Act Suits Between Co-Owners of a Trademark 1. Introduction Reed v. Marshall, No. 24-20198 (5th Cir. July 2 2025) resolves a modern twist on an old...
Actual-Notice Requirement for Attorney Sanctions under Rule 83(b): Commentary on Somes v. Rural Media Group, Inc.

Actual-Notice Requirement for Attorney Sanctions under Rule 83(b): Commentary on Somes v. Rural Media Group, Inc.

Date: Jul 4, 2025
Actual-Notice Requirement for Attorney Sanctions under Rule 83(b): Somes v. Rural Media Group, Inc. Introduction In Somes v. Rural Media Group, Inc., the United States Court of Appeals for the Fifth...
No-Virtual-Prohibition Test – Fifth Circuit Re-defines the Threshold for Pre-emption Challenges to Home-Rule Ordinances

No-Virtual-Prohibition Test – Fifth Circuit Re-defines the Threshold for Pre-emption Challenges to Home-Rule Ordinances

Date: Jul 3, 2025
No-Virtual-Prohibition Test: TitleMax of Texas v. City of Dallas Clarifies Pre-emption and Due-Course Limits on Challenges to Municipal Lending Ordinances Introduction TitleMax of Texas v. City of...
United States v. Kimble: Categorical Disarmament of Drug-Trafficking Felons Survives Second-Amendment Scrutiny

United States v. Kimble: Categorical Disarmament of Drug-Trafficking Felons Survives Second-Amendment Scrutiny

Date: Jul 3, 2025
United States v. Kimble: Categorical Disarmament of Drug-Trafficking Felons Survives Second-Amendment Scrutiny 1. Introduction In United States v. Kimble, No. 23-50874 (5th Cir. June 30 2025), the...
Homeschooling Does NOT Erode the Castle: McMurry v. Weaver and the Re-affirmation of Robust Fourth-Amendment Protection in Child-Welfare Checks

Homeschooling Does NOT Erode the Castle: McMurry v. Weaver and the Re-affirmation of Robust Fourth-Amendment Protection in Child-Welfare Checks

Date: Jun 30, 2025
Homeschooling Does NOT Erode the Castle: McMurry v. Weaver and the Re-affirmation of Robust Fourth-Amendment Protection in Child-Welfare Checks 1. Introduction The United States Court of Appeals for...
“Applicable Law” Is Not Enough: Fifth Circuit Re-Affirms the Strict Federal-Enclave Rule in Vinales v. AETC II

“Applicable Law” Is Not Enough: Fifth Circuit Re-Affirms the Strict Federal-Enclave Rule in Vinales v. AETC II

Date: Jun 30, 2025
“Applicable Law” Is Not Enough: Fifth Circuit Re-Affirms the Strict Federal-Enclave Rule in Vinales v. AETC II 1. Introduction In Vinales v. AETC II Privatized Housing, L.L.C., No. 24-50113 (5th Cir....
Fifth Circuit Heightens Relevance Scrutiny for Religious-Affiliation Evidence in Capital Sentencing – A Commentary on Davis v. Guerrero (2025)

Fifth Circuit Heightens Relevance Scrutiny for Religious-Affiliation Evidence in Capital Sentencing – A Commentary on Davis v. Guerrero (2025)

Date: Jun 29, 2025
Fifth Circuit Heightens Relevance Scrutiny for Religious-Affiliation Evidence in Capital Sentencing Commentary on Davis v. Guerrero, 24-70008 (5th Cir. June 26 2025) 1. Introduction Irving Alvin...
State “Saving Constructions” and Pre-Compliance Review:  The Principle from Spirit Aerosystems v. Paxton

State “Saving Constructions” and Pre-Compliance Review: The Principle from Spirit Aerosystems v. Paxton

Date: Jun 29, 2025
State “Saving Constructions” and Pre-Compliance Review: The Principle from Spirit Aerosystems v. Paxton Introduction On 26 June 2025 the United States Court of Appeals for the Fifth Circuit decided...
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