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  • Commentaries
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5th Circuit Case Commentaries

Ensuring Complete Diversity: Fifth Circuit’s Remand for Jurisdictional Clarity in All About Property v. Midland Mortgage

Ensuring Complete Diversity: Fifth Circuit’s Remand for Jurisdictional Clarity in All About Property v. Midland Mortgage

Date: May 14, 2025
Ensuring Complete Diversity: Fifth Circuit’s Remand for Jurisdictional Clarity in All About Property v. Midland Mortgage Introduction In All About Property, L.L.C. v. Midland Mortgage, No. 24-20092...
Competent Summary-Judgment Evidence of Qualification Required in §1981 Failure-to-Promote Claims

Competent Summary-Judgment Evidence of Qualification Required in §1981 Failure-to-Promote Claims

Date: May 14, 2025
Competent Summary-Judgment Evidence of Qualification Required in §1981 Failure-to-Promote Claims Introduction Fry v. City of Hernando, 5th Cir. No. 24-60532 (May 13, 2025), presents a dispute between...
Delaware’s Director-by-Director Demand Futility Standard in Shareholder Derivative Suits: Ezell v. Dinges

Delaware’s Director-by-Director Demand Futility Standard in Shareholder Derivative Suits: Ezell v. Dinges

Date: May 14, 2025
Delaware’s Director-by-Director Demand Futility Standard in Shareholder Derivative Suits: Ezell v. Dinges Introduction Ezell v. Dinges, 24-20050 (5th Cir. May 13, 2025), arises from a derivative...
Foreseeability Requirement for Firearm Enhancements under U.S.S.G. §2L1.1(b)(5)(C): United States v. Torrijos-Ruiz

Foreseeability Requirement for Firearm Enhancements under U.S.S.G. §2L1.1(b)(5)(C): United States v. Torrijos-Ruiz

Date: May 14, 2025
Foreseeability Requirement for Firearm Enhancements under U.S.S.G. §2L1.1(b)(5)(C): United States v. Torrijos-Ruiz Introduction In United States v. Torrijos-Ruiz, 5th Cir. No. 24-50495 (May 13,...
Toxic‐Tort Causation: Admissibility of Expert Testimony Without Quantitative Dose in Ruffin v. BP

Toxic‐Tort Causation: Admissibility of Expert Testimony Without Quantitative Dose in Ruffin v. BP

Date: May 13, 2025
Toxic‐Tort Causation: Admissibility of Expert Testimony Without Quantitative Dose in Ruffin v. BP Introduction In Ruffin v. BP Exploration & Production, Inc. (5th Cir. 2025), Floyd Ruffin sued BP for...
Requirement of Intended Third-Party Reliance in Fraud Claims: Daughtry v. Silver Fern Chemical

Requirement of Intended Third-Party Reliance in Fraud Claims: Daughtry v. Silver Fern Chemical

Date: May 13, 2025
Requirement of Intended Third-Party Reliance in Fraud Claims: Daughtry v. Silver Fern Chemical Introduction Daughtry v. Silver Fern Chemical, decided by the United States Court of Appeals for the...
Qualified Immunity for Non-Final Decision-Makers in First Amendment Retaliation: Atkins v. Hopkins

Qualified Immunity for Non-Final Decision-Makers in First Amendment Retaliation: Atkins v. Hopkins

Date: May 13, 2025
Qualified Immunity for Non-Final Decision-Makers in First Amendment Retaliation: Atkins v. Hopkins Introduction The Fifth Circuit’s decision in Atkins v. Hopkins (No. 24-60058, May 12, 2025)...
Application of Homicide Cross-Reference in Felon-in-Possession Sentencing under U.S.S.G. §2K2.1(c)(1)(B)

Application of Homicide Cross-Reference in Felon-in-Possession Sentencing under U.S.S.G. §2K2.1(c)(1)(B)

Date: May 13, 2025
Application of Homicide Cross-Reference in Felon-in-Possession Sentencing under U.S.S.G. §2K2.1(c)(1)(B) Introduction United States v. McDowell, 5th Cir. No. 24-10292 (May 12, 2025), presents a...
Expansive Definition of “Crime of Child Abuse” Encompassing Attempted Online Solicitation: Sandoval Argueta v. Bondi

Expansive Definition of “Crime of Child Abuse” Encompassing Attempted Online Solicitation: Sandoval Argueta v. Bondi

Date: May 10, 2025
Expansive Definition of “Crime of Child Abuse” Encompassing Attempted Online Solicitation: Sandoval Argueta v. Bondi Introduction Sandoval Argueta v. Bondi (5th Cir. May 9, 2025) clarifies the scope...
Clarification of Personal Jurisdiction and Contract Privity in Insurance Claims: Smith v. Aegon USA

Clarification of Personal Jurisdiction and Contract Privity in Insurance Claims: Smith v. Aegon USA

Date: May 10, 2025
Clarification of Personal Jurisdiction and Contract Privity in Insurance Claims: Smith v. Aegon USA Introduction Smith v. Aegon USA, decided May 9, 2025 by the Fifth Circuit Court of Appeals,...
Reaffirmation of the Constitutionality of 18 U.S.C. § 922(g)(1) and Federal Jurisdictional Principles

Reaffirmation of the Constitutionality of 18 U.S.C. § 922(g)(1) and Federal Jurisdictional Principles

Date: May 10, 2025
Reaffirmation of the Constitutionality of 18 U.S.C. § 922(g)(1) and Federal Jurisdictional Principles Introduction United States v. Gibson is a per curiam decision of the Fifth Circuit rendered on...
Categorical Validation of Tennessee Aggravated Assault as a Crime of Violence under U.S.S.G. §4B1.2

Categorical Validation of Tennessee Aggravated Assault as a Crime of Violence under U.S.S.G. §4B1.2

Date: May 9, 2025
Categorical Validation of Tennessee Aggravated Assault as a Crime of Violence under U.S.S.G. §4B1.2 Introduction In United States v. Russell, 24-50075 (5th Cir. May 8, 2025), the Fifth Circuit...
Distinguishing Religious Belief and Practice Claims under Title VII: Carter v. Southwest Airlines

Distinguishing Religious Belief and Practice Claims under Title VII: Carter v. Southwest Airlines

Date: May 9, 2025
Distinguishing Religious Belief and Practice Claims under Title VII: Carter v. Southwest Airlines 1. Introduction In Charlene Carter v. Southwest Airlines Company, 5th Cir. No. 23-10008 (May 8,...
Distinct Treatment of Religious Belief and Religious Practice Under Title VII

Distinct Treatment of Religious Belief and Religious Practice Under Title VII

Date: May 9, 2025
Distinct Treatment of Religious Belief and Religious Practice Under Title VII Introduction This case arises from the 2025 decision of the United States Court of Appeals for the Fifth Circuit in...
Carter v. Local 556: Clarifying Religious Belief vs. Practice under Title VII and the Scope of RLA Remedies

Carter v. Local 556: Clarifying Religious Belief vs. Practice under Title VII and the Scope of RLA Remedies

Date: May 9, 2025
Carter v. Local 556: Clarifying Religious Belief vs. Practice under Title VII and the Scope of RLA Remedies Introduction In Carter v. Local 556, 5th Cir. No. 23-10008 (May 8, 2025), flight attendant...
United States v. August: Affirmation of Broad Protective Sweep Doctrine and Independent Source Exception

United States v. August: Affirmation of Broad Protective Sweep Doctrine and Independent Source Exception

Date: May 9, 2025
United States v. August: Affirmation of Broad Protective Sweep Doctrine and Independent Source Exception Introduction United States v. August is a Fifth Circuit decision rendered on May 8, 2025,...
Reaffirming Qualified Immunity Boundaries: Reasonable Threat Perception in Winkley v. Blackwell

Reaffirming Qualified Immunity Boundaries: Reasonable Threat Perception in Winkley v. Blackwell

Date: May 9, 2025
Reaffirming Qualified Immunity Boundaries: Reasonable Threat Perception in Winkley v. Blackwell Introduction Winkley v. Blackwell, No. 24-60244 (5th Cir. May 8, 2025), represents a significant...
Intervening Amendment to U.S.S.G. § 4B1.2 Redefines Generic Robbery and Permits Reassessment of Circuit Precedent

Intervening Amendment to U.S.S.G. § 4B1.2 Redefines Generic Robbery and Permits Reassessment of Circuit Precedent

Date: May 8, 2025
Intervening Amendment to U.S.S.G. § 4B1.2 Redefines Generic Robbery and Permits Reassessment of Circuit Precedent Introduction United States v. Wickware (5th Cir. 2025) addresses whether a 2023...
Portal Delivery Triggers Limitations Period; No Equitable Tolling for Portal Access Delays in Title VII Claims

Portal Delivery Triggers Limitations Period; No Equitable Tolling for Portal Access Delays in Title VII Claims

Date: May 8, 2025
Portal Delivery Triggers Limitations Period; No Equitable Tolling for Portal Access Delays in Title VII Claims Introduction The case of Melissa A. Berry Smith v. Texas Children's Hospital, Inc....
Establishing the Constitutional Threshold for Judicial Impartiality: Unexceptional Campaign Contributions and Past Associations Do Not Violate Due Process

Establishing the Constitutional Threshold for Judicial Impartiality: Unexceptional Campaign Contributions and Past Associations Do Not Violate Due Process

Date: May 7, 2025
Establishing the Constitutional Threshold for Judicial Impartiality: Unexceptional Campaign Contributions and Past Associations Do Not Violate Due Process Introduction Meade v. Bonin is a Fifth...
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