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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

Re-Urged Summary Judgment as Rule 50 Preservation & the Fact-Specific Nature of “Clearly Established” Rights: A Commentary on Trabucco v. Rivera

Re-Urged Summary Judgment as Rule 50 Preservation & the Fact-Specific Nature of “Clearly Established” Rights: A Commentary on Trabucco v. Rivera

Date: Jun 29, 2025
Re-Urged Summary Judgment as Rule 50 Preservation & the Fact-Specific Nature of “Clearly Established” Rights: A Commentary on Trabucco v. Rivera Introduction The Fifth Circuit’s decision in Trabucco...
Federal Certification over State Disaster-Immunity Ambiguities:  Breaux v. Worrell and the Fifth Circuit’s Refined Approach to La. R.S. 29:735

Federal Certification over State Disaster-Immunity Ambiguities: Breaux v. Worrell and the Fifth Circuit’s Refined Approach to La. R.S. 29:735

Date: Jun 29, 2025
Federal Certification over State Disaster-Immunity Ambiguities: Breaux v. Worrell and the Fifth Circuit’s Refined Approach to La. R.S. 29:735 Introduction Breaux v. Worrell, No. 24-30097 (5th...
Butler v. Collins: Texas Labor Code Chapter 21 Does Not Preempt Common-Law Tort Claims Against Individual Employees

Butler v. Collins: Texas Labor Code Chapter 21 Does Not Preempt Common-Law Tort Claims Against Individual Employees

Date: Jun 29, 2025
Butler v. Collins: Texas Labor Code Chapter 21 Does Not Preempt Common-Law Tort Claims Against Individual Employees Introduction The United States Court of Appeals for the Fifth Circuit, in Butler v....
United States v. Morales: Knowledge of § 5822 Non-Compliance and Domestic Manufacture Not Required for NFA “Making” Offense on Plain-Error Review

United States v. Morales: Knowledge of § 5822 Non-Compliance and Domestic Manufacture Not Required for NFA “Making” Offense on Plain-Error Review

Date: Jun 29, 2025
United States v. Morales: Knowledge of § 5822 Non-Compliance and Domestic Manufacture Not Required for NFA “Making” Offense on Plain-Error Review I. Introduction In United States v. Morales,...
Fifth Circuit Embraces “Intentional Relinquishment” Test for Arbitration Waiver: A Commentary on Garcia v. Fuentes (2025)

Fifth Circuit Embraces “Intentional Relinquishment” Test for Arbitration Waiver: A Commentary on Garcia v. Fuentes (2025)

Date: Jun 27, 2025
Fifth Circuit Embraces “Intentional Relinquishment” Test for Arbitration Waiver: Garcia v. Fuentes (2025) 1. Introduction In Garcia v. Fuentes, No. 24-10699 (5th Cir. June 24, 2025), the United...
“Halting-Assurance” Doctrine: The Fifth Circuit’s Reaffirmation of the High Bar for Eighth-Amendment Method-of-Execution Challenges

“Halting-Assurance” Doctrine: The Fifth Circuit’s Reaffirmation of the High Bar for Eighth-Amendment Method-of-Execution Challenges

Date: Jun 27, 2025
“Halting-Assurance” Doctrine: The Fifth Circuit’s Reaffirmation of the High Bar for Eighth-Amendment Method-of-Execution Challenges Commentary on Jordan v. Mississippi State Executioner, No. 25-70013...
“Still-Treating, Still Immune” – Spikes v. Wheat and the Fifth Circuit’s Clarification that Misdiagnosis Amid Continuous Care Does Not Constitute Deliberate Indifference

“Still-Treating, Still Immune” – Spikes v. Wheat and the Fifth Circuit’s Clarification that Misdiagnosis Amid Continuous Care Does Not Constitute Deliberate Indifference

Date: Jun 27, 2025
“Still-Treating, Still Immune” – Spikes v. Wheat and the Fifth Circuit’s Clarification that Misdiagnosis Amid Continuous Care Does Not Constitute Deliberate Indifference 1. Introduction Spikes v....
“The Hard-Look Mandate on Steroids” –  Texas Corn Producers v. EPA and the Fifth Circuit’s Expanded Duty to Tackle Statistical Critiques in Rulemaking

“The Hard-Look Mandate on Steroids” – Texas Corn Producers v. EPA and the Fifth Circuit’s Expanded Duty to Tackle Statistical Critiques in Rulemaking

Date: Jun 27, 2025
“The Hard-Look Mandate on Steroids” – Texas Corn Producers v. EPA and the Fifth Circuit’s Expanded Duty to Tackle Statistical Critiques in Rulemaking 1. Introduction Texas Corn Producers v. EPA, No....
Reyes Reaffirms Tradition of Disarming Dangerous Felons after Bruen: The Fifth Circuit’s Post-Rahimi Framework for § 922(g)(1) As-Applied Challenges

Reyes Reaffirms Tradition of Disarming Dangerous Felons after Bruen: The Fifth Circuit’s Post-Rahimi Framework for § 922(g)(1) As-Applied Challenges

Date: Jun 27, 2025
Reyes Reaffirms Tradition of Disarming Dangerous Felons after Bruen: The Fifth Circuit’s Post-Rahimi Framework for § 922(g)(1) As-Applied Challenges Introduction United States v. Reyes, No. 24-40369...
“Instant Termination Means Instant Preclusion” – The Fifth Circuit’s Clarification of Texas Rule 162 in Willis v. Aron

“Instant Termination Means Instant Preclusion” – The Fifth Circuit’s Clarification of Texas Rule 162 in Willis v. Aron

Date: Jun 27, 2025
“Instant Termination Means Instant Preclusion” – The Fifth Circuit’s Clarification of Texas Rule 162 in Willis v. Aron Introduction The United States Court of Appeals for the Fifth Circuit’s...
“Temporal-and-Conceptual Distinctness” after Clark v. Louisiana DPS&C: A Refined Heck Bar for Section 1983 Excessive-Force Claims Arising from Prison Disciplinary Convictions

“Temporal-and-Conceptual Distinctness” after Clark v. Louisiana DPS&C: A Refined Heck Bar for Section 1983 Excessive-Force Claims Arising from Prison Disciplinary Convictions

Date: Jun 25, 2025
“Temporal-and-Conceptual Distinctness” after Clark v. Louisiana Department of Public Safety & Corrections: A Refined Heck Bar for Section 1983 Excessive-Force Claims Arising from Prison Disciplinary...
“Clearly Established” Curtilage Law and Qualified Immunity After Sauceda v. Lopez (Sauceda II)

“Clearly Established” Curtilage Law and Qualified Immunity After Sauceda v. Lopez (Sauceda II)

Date: Jun 25, 2025
“Clearly Established” Curtilage Law and Qualified Immunity After Sauceda v. Lopez (Sauceda II) 1. Introduction Sauceda v. Lopez, No. 24-40174 (5th Cir. 2025), nick-named “Sauceda II,” is the Fifth...
United States v. Griffin: Heightened Appellate Deference to District-Court Credibility Findings in § 2255 Ineffective-Assistance Hearings

United States v. Griffin: Heightened Appellate Deference to District-Court Credibility Findings in § 2255 Ineffective-Assistance Hearings

Date: Jun 25, 2025
United States v. Griffin: Heightened Appellate Deference to District-Court Credibility Findings in § 2255 Ineffective-Assistance Hearings 1. Introduction United States v. Griffin, No. 22-60453 (5th...

        The “Edwards Waiver Doctrine”: When Extended Premium Acceptance
        Estops ERISA Insurers from Exercising Discretionary Cancellation Rights

The “Edwards Waiver Doctrine”: When Extended Premium Acceptance Estops ERISA Insurers from Exercising Discretionary Cancellation Rights

Date: Jun 23, 2025
The “Edwards Waiver Doctrine”: When Extended Premium Acceptance Estops ERISA Insurers from Exercising Discretionary Cancellation Rights 1. Introduction Edwards v. Guardian Life Ins., No. 24-60381...
“Stone Still Stands” – Fifth Circuit Affirms the Ongoing Prohibition against Permanent Religious Displays in Public-School Classrooms (Roake v. Brumley)

“Stone Still Stands” – Fifth Circuit Affirms the Ongoing Prohibition against Permanent Religious Displays in Public-School Classrooms (Roake v. Brumley)

Date: Jun 23, 2025
“Stone Still Stands” – Fifth Circuit Affirms the Ongoing Prohibition against Permanent Religious Displays in Public-School Classrooms (Roake v. Brumley) 1. Introduction Roake v. Brumley is the first...
Presumed Prejudice for Improper Mid-Trial Juror Dismissals: United States v. Carpenter

Presumed Prejudice for Improper Mid-Trial Juror Dismissals: United States v. Carpenter

Date: Jun 23, 2025
Presumed Prejudice for Improper Mid-Trial Juror Dismissals: United States v. Carpenter 1. Introduction United States v. Carpenter, No. 24-11076 (5th Cir. 2025) arises out of a multi-million-dollar...
“Premises, Pipelines & Protest”: The Fifth Circuit’s Limiting-Construction Doctrine for Louisiana’s Infrastructure Trespass Statute

“Premises, Pipelines & Protest”: The Fifth Circuit’s Limiting-Construction Doctrine for Louisiana’s Infrastructure Trespass Statute

Date: Jun 23, 2025
“Premises, Pipelines & Protest” The Fifth Circuit’s Limiting-Construction Doctrine for Louisiana’s Infrastructure Trespass Statute Introduction White Hat v. Murrill, No. 24-30272 (5th Cir. 2025),...
“Waivers Mean Waivers” – United States v. Nyandoro and the Fifth Circuit’s Re-Statement on Appeal Waivers, Factual-Insufficiency, and Second-Amendment Challenges

“Waivers Mean Waivers” – United States v. Nyandoro and the Fifth Circuit’s Re-Statement on Appeal Waivers, Factual-Insufficiency, and Second-Amendment Challenges

Date: Jun 23, 2025
“Waivers Mean Waivers” – United States v. Nyandoro and the Fifth Circuit’s Re-Statement on Appeal Waivers, Factual-Insufficiency, and Second-Amendment Challenges 1. Introduction United States v....
“Connected-To” Is Pure Fact: Fifth Circuit Bars Judicial Review of Causation Findings in VAWA Cancellation (Agwuegbo v. Bondi)

“Connected-To” Is Pure Fact: Fifth Circuit Bars Judicial Review of Causation Findings in VAWA Cancellation (Agwuegbo v. Bondi)

Date: Jun 20, 2025
“Connected-To” Is Pure Fact: Fifth Circuit Bars Judicial Review of Causation Findings in VAWA Cancellation Commentary on Agwuegbo v. Bondi, No. 24-60388 (5th Cir. June 18 2025) 1. Introduction In...
Boone v. Rankin County: Fifth Circuit Adopts “Abuse-of-Discretion” Review for Compensatory Education Under IDEA

Boone v. Rankin County: Fifth Circuit Adopts “Abuse-of-Discretion” Review for Compensatory Education Under IDEA

Date: Jun 20, 2025
Boone v. Rankin County: Fifth Circuit Adopts “Abuse-of-Discretion” Review for Compensatory Education Under IDEA Introduction In Boone v. Rankin County Public School District, No. 23-60333 (5th Cir....
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