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  • Commentaries
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5th Circuit Case Commentaries

Limitations on Vacating Arbitration Awards: FAA Section 10(a)(4) Exclusivity and Manifest Disregard Not a Separate Ground

Limitations on Vacating Arbitration Awards: FAA Section 10(a)(4) Exclusivity and Manifest Disregard Not a Separate Ground

Date: Apr 29, 2025
Limitations on Vacating Arbitration Awards: FAA Section 10(a)(4) Exclusivity and Manifest Disregard Not a Separate Ground Introduction In United States Trinity Energy Services, L.L.C. v. Southeast...
Employer’s Vicarious Liability Limited by Unreported Harassment and Narrow Successor Liability: Noiel v. Roseland Management

Employer’s Vicarious Liability Limited by Unreported Harassment and Narrow Successor Liability: Noiel v. Roseland Management

Date: Apr 29, 2025
Employer’s Vicarious Liability Limited by Unreported Harassment and Narrow Successor Liability: Noiel v. Roseland Management Introduction Noiel v. Roseland Management, decided April 28, 2025 by the...
Permissibility of Upward Variance Based on Policy Disagreement with Sentencing Guidelines: United States v. Garcia

Permissibility of Upward Variance Based on Policy Disagreement with Sentencing Guidelines: United States v. Garcia

Date: Apr 26, 2025
Permissibility of Upward Variance Based on Policy Disagreement with Sentencing Guidelines: United States v. Garcia Introduction United States v. Garcia is a Fifth Circuit decision rendered on April...
Prisoner Access to Direct-Acting Antivirals and Eighth Amendment Deliberate Indifference: Ricks v. Khan

Prisoner Access to Direct-Acting Antivirals and Eighth Amendment Deliberate Indifference: Ricks v. Khan

Date: Apr 26, 2025
Prisoner Access to Direct-Acting Antivirals and Eighth Amendment Deliberate Indifference: Ricks v. Khan Introduction In Ricks v. Khan, 20-20303 (5th Cir. Apr. 25, 2025), the Fifth Circuit confronted...
Imputed Knowledge Shields Premises Owners: Application of Mississippi Code §11-1-66 in Rose v. Nissan North America

Imputed Knowledge Shields Premises Owners: Application of Mississippi Code §11-1-66 in Rose v. Nissan North America

Date: Apr 26, 2025
Imputed Knowledge Shields Premises Owners: Application of Mississippi Code §11-1-66 in Rose v. Nissan North America Introduction Rose v. Nissan North America, decided April 25, 2025 by the Fifth...
Affirmation of Murder‐for‐Hire and Witness Tampering Standards; Good‐Faith Exception for CSLI: United States v. Age

Affirmation of Murder‐for‐Hire and Witness Tampering Standards; Good‐Faith Exception for CSLI: United States v. Age

Date: Apr 26, 2025
Affirmation of Murder-for-Hire and Witness Tampering Standards; Good-Faith Exception for CSLI: United States v. Age Introduction In United States v. Age (5th Cir. Apr. 25, 2025), Louis Age Jr., his...
Equistar Chem v. Indeck Power: Clarifying Damage Recovery Limits and Condition Precedent Standards in Commercial Service Contracts

Equistar Chem v. Indeck Power: Clarifying Damage Recovery Limits and Condition Precedent Standards in Commercial Service Contracts

Date: Apr 24, 2025
Equistar Chem v. Indeck Power: Clarifying Damage Recovery Limits and Condition Precedent Standards in Commercial Service Contracts Introduction Equistar Chemicals, L.P. (“Equistar”) contracted with...
Reaffirmation of Twombly/Iqbal Pleading Standards in Bankruptcy Adversary Proceedings under 11 U.S.C. § 727

Reaffirmation of Twombly/Iqbal Pleading Standards in Bankruptcy Adversary Proceedings under 11 U.S.C. § 727

Date: Apr 24, 2025
Reaffirmation of Twombly/Iqbal Pleading Standards in Bankruptcy Adversary Proceedings under 11 U.S.C. § 727 Introduction This case—Lucky Investments, Inc. v. Rahim—arose out of a Chapter 7 bankruptcy...
Upholding ALJ’s RFC Determinations Under the Substantial Evidence Standard: Hicks v. Commissioner, SSA

Upholding ALJ’s RFC Determinations Under the Substantial Evidence Standard: Hicks v. Commissioner, SSA

Date: Apr 23, 2025
Upholding ALJ’s RFC Determinations Under the Substantial Evidence Standard: Hicks v. Commissioner, SSA Introduction Hicks v. Commissioner, SSA, No. 24-10826 (5th Cir. Apr. 22, 2025), addresses the...
Equitable Substantial Compliance Doctrine Governs ERISA Beneficiary Designations and Standing in Interpleader Actions

Equitable Substantial Compliance Doctrine Governs ERISA Beneficiary Designations and Standing in Interpleader Actions

Date: Apr 22, 2025
Equitable Substantial Compliance Doctrine Governs ERISA Beneficiary Designations and Standing in Interpleader Actions Introduction Morgan v. Barrera, decided by the United States Court of Appeals for...
Limits of Plea Agreement Charge Bars: Temporal, Geographic, and Statutory Distinctions Doctrine

Limits of Plea Agreement Charge Bars: Temporal, Geographic, and Statutory Distinctions Doctrine

Date: Apr 22, 2025
Limits of Plea Agreement Charge Bars: Temporal, Geographic, and Statutory Distinctions Doctrine Introduction This commentary examines the Fifth Circuit’s decision in United States v. Muhammad, No....
Enforceability of Collateral-Review Waivers Against Post-Davis § 924(c) Attacks

Enforceability of Collateral-Review Waivers Against Post-Davis § 924(c) Attacks

Date: Apr 22, 2025
Enforceability of Collateral-Review Waivers Against Post-Davis § 924(c) Attacks 1. Introduction The case of United States v. Jones (5th Cir. Apr. 21, 2025) arises from Cedric Ray Jones’s guilty plea...
Epley v. Lopez: Mandamus Prerequisite for §1404(a) Transfers and Prisoner Medical Claim Standards

Epley v. Lopez: Mandamus Prerequisite for §1404(a) Transfers and Prisoner Medical Claim Standards

Date: Apr 22, 2025
Epley v. Lopez: Mandamus Prerequisite for §1404(a) Transfers and Prisoner Medical Claim Standards Introduction In Epley v. Lopez, No. 23-10374 (5th Cir. April 21, 2025), Charles Epley—a Texas inmate...
End-of-Plan Completion Requirement for Unsecured Claims under 11 U.S.C. § 1325(b)(1)(A)

End-of-Plan Completion Requirement for Unsecured Claims under 11 U.S.C. § 1325(b)(1)(A)

Date: Apr 22, 2025
End-of-Plan Completion Requirement for Unsecured Claims under 11 U.S.C. § 1325(b)(1)(A) Introduction In Bassel v. Durand-Day, two above-median-income Chapter 13 debtors—Victoria Florita Durand-Day...
Clarifying the Scope of “Underlying and Related Conduct” in Plea Agreements

Clarifying the Scope of “Underlying and Related Conduct” in Plea Agreements

Date: Apr 22, 2025
Clarifying the Scope of “Underlying and Related Conduct” in Plea Agreements Introduction United States v. Muhammad, 24-10113 & 24-10116 (5th Cir. Apr. 21, 2025), presents a pivotal interpretation of...
Restitution Under MVRA Limited to Harm Within the Same Scheme: United States v. Lucas

Restitution Under MVRA Limited to Harm Within the Same Scheme: United States v. Lucas

Date: Apr 19, 2025
Restitution Under MVRA Limited to Harm Within the Same Scheme: United States v. Lucas Introduction United States v. Lucas (5th Cir. Apr. 18, 2025) concerns William Dexter Lucas’s appeal of a...
Imputation of Agency Knowledge and the Discovery Rule: Triggering Prescription under Louisiana Products Liability Law

Imputation of Agency Knowledge and the Discovery Rule: Triggering Prescription under Louisiana Products Liability Law

Date: Apr 19, 2025
Imputation of Agency Knowledge and the Discovery Rule: Triggering Prescription under Louisiana Products Liability Law Introduction This commentary examines the Fifth Circuit’s decision in Allied...
Search Warrant Probable Cause and Deceased Suspects: New Qualified Immunity Rule in Nevarez v. Dorris

Search Warrant Probable Cause and Deceased Suspects: New Qualified Immunity Rule in Nevarez v. Dorris

Date: Apr 19, 2025
Search Warrant Probable Cause and Deceased Suspects: New Qualified Immunity Rule in Nevarez v. Dorris Introduction Nevarez v. Dorris is a 2025 decision by the United States Court of Appeals for the...
Media Intervention and Unsealing of Judicial Records: Establishing the Right to Unseal Sealed Settlement Proceedings

Media Intervention and Unsealing of Judicial Records: Establishing the Right to Unseal Sealed Settlement Proceedings

Date: Apr 19, 2025
Media Intervention and Unsealing of Judicial Records: Establishing the Right to Unseal Sealed Settlement Proceedings Introduction This commentary examines the Fifth Circuit’s April 18, 2025 decision...
Vanderlan v. Jackson HMA: Affirming Government’s Deference in Dismissing Qui Tam Actions under FCA §3730(c)(2)(A)

Vanderlan v. Jackson HMA: Affirming Government’s Deference in Dismissing Qui Tam Actions under FCA §3730(c)(2)(A)

Date: Apr 19, 2025
Vanderlan v. Jackson HMA: Affirming Government’s Deference in Dismissing Qui Tam Actions under FCA §3730(c)(2)(A) Introduction Vanderlan v. Jackson HMA, decided April 18, 2025 by the Fifth Circuit,...
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