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  • Commentaries
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5th Circuit Case Commentaries

Fifth Circuit Solidifies the “No-State-Action” Rule for Private Employer Vaccine Mandates – A Commentary on Bridges v. Methodist Hospital (2025)

Fifth Circuit Solidifies the “No-State-Action” Rule for Private Employer Vaccine Mandates – A Commentary on Bridges v. Methodist Hospital (2025)

Date: Jun 20, 2025
Fifth Circuit Solidifies the “No-State-Action” Rule for Private Employer Vaccine Mandates: A Comprehensive Commentary on Bridges v. Methodist Hospital, No. 24-20483 (5th Cir. 2025) 1. Introduction In...
Brown v. Commissioner: Clarifying Claimant’s Burden to Establish Non-SGA Past Work at Step Four

Brown v. Commissioner: Clarifying Claimant’s Burden to Establish Non-SGA Past Work at Step Four

Date: Jun 20, 2025
Brown v. Commissioner: Clarifying Claimant’s Burden to Establish Non-SGA Past Work at Step Four Introduction In Brown v. Commissioner, Social Security Administration, No. 24-11068 (5th Cir. 2025),...
No Credible Threat, No Standing: Fifth Circuit Clarifies Employer Standing in Pre-Enforcement Challenges to NLRB Guidance

No Credible Threat, No Standing: Fifth Circuit Clarifies Employer Standing in Pre-Enforcement Challenges to NLRB Guidance

Date: Jun 20, 2025
No Credible Threat, No Standing: Fifth Circuit Clarifies Employer Standing in Pre-Enforcement Challenges to NLRB Guidance Introduction Burnett Specialists v. Cowen concerns five Texas-based staffing...
“Smith v. General Motors”: Fifth Circuit Re-Affirms Strict Timeliness, Exhaustion, and Limited Continuing-Violation Doctrine under the ADA

“Smith v. General Motors”: Fifth Circuit Re-Affirms Strict Timeliness, Exhaustion, and Limited Continuing-Violation Doctrine under the ADA

Date: Jun 20, 2025
“Smith v. General Motors”: Fifth Circuit Re-Affirms Strict Timeliness, Exhaustion, and Limited Continuing-Violation Doctrine under the ADA Introduction In Smith v. General Motors, L.L.C.,...
Standing as a Gatekeeper: Fifth Circuit Restricts Post-Judgment Intervention for Private Unsealing Requests

Standing as a Gatekeeper: Fifth Circuit Restricts Post-Judgment Intervention for Private Unsealing Requests

Date: Jun 20, 2025
Standing as a Gatekeeper: Fifth Circuit Restricts Post-Judgment Intervention for Private Unsealing Requests 1. Introduction In Yellow Rock, L.L.C. v. Axiall Corp., No. 24-30540 (5th Cir. June 17,...
Fifth Circuit Adopts Presumption of Consumer Reliance and Re-draws the Limits of FTC Monetary Redress – A Commentary on FTC v. ZAAPPAAZ

Fifth Circuit Adopts Presumption of Consumer Reliance and Re-draws the Limits of FTC Monetary Redress – A Commentary on FTC v. ZAAPPAAZ

Date: Jun 20, 2025
Fifth Circuit Adopts Presumption of Consumer Reliance and Re-draws the Limits of FTC Monetary Redress – A Commentary on FTC v. ZAAPPAAZ Introduction In FTC v. ZAAPPAAZ, L.L.C., No. 24-20234 (5th Cir....
First Baptist Church II: Fifth Circuit Clarifies Mandate Rule, Law-of-the-Case, and Trial-Court Discretion on Remand

First Baptist Church II: Fifth Circuit Clarifies Mandate Rule, Law-of-the-Case, and Trial-Court Discretion on Remand

Date: Jun 20, 2025
First Baptist Church II: Fifth Circuit Clarifies Mandate Rule, Law-of-the-Case, and Trial-Court Discretion on Remand Introduction In First Baptist Church of Iowa, Louisiana v. Church Mutual Insurance...
Gonzalez v. Walgreen: Fifth Circuit Affirms that Customer-Volunteers Are Not Agents and that “Source Knowledge” Alone Cannot Establish Premises-Liability Notice

Gonzalez v. Walgreen: Fifth Circuit Affirms that Customer-Volunteers Are Not Agents and that “Source Knowledge” Alone Cannot Establish Premises-Liability Notice

Date: Jun 20, 2025
Gonzalez v. Walgreen: Fifth Circuit Affirms that Customer-Volunteers Are Not Agents and that “Source Knowledge” Alone Cannot Establish Premises-Liability Notice Introduction On 16 June 2025 the...
Subpoenaed but Not Shielded: Fifth Circuit Clarifies Limits of Lane-based Protection for Public-Employee Testimony

Subpoenaed but Not Shielded: Fifth Circuit Clarifies Limits of Lane-based Protection for Public-Employee Testimony

Date: Jun 20, 2025
Subpoenaed but Not Shielded: Fifth Circuit Clarifies Limits of Lane-based Protection for Public-Employee Testimony Introduction Hamilton v. City of Wilmer, Texas is the Fifth Circuit’s latest foray...
United States v. Allam: Clarifying “Relevantly Similar” Historical Analogues for Modern School-Zone Firearm Restrictions

United States v. Allam: Clarifying “Relevantly Similar” Historical Analogues for Modern School-Zone Firearm Restrictions

Date: Jun 20, 2025
United States v. Allam: Clarifying “Relevantly Similar” Historical Analogues for Modern School-Zone Firearm Restrictions Introduction United States v. Allam (5th Cir. 2025) addresses whether...
“From Passive to Active”: Anderson v. Estrada and the Fifth Circuit’s Refined Test for Active Resistance and Drive-Stun Taser Use

“From Passive to Active”: Anderson v. Estrada and the Fifth Circuit’s Refined Test for Active Resistance and Drive-Stun Taser Use

Date: Jun 18, 2025
“From Passive to Active”: Anderson v. Estrada and the Fifth Circuit’s Refined Test for Active Resistance and Drive-Stun Taser Use Introduction Anderson v. Estrada, No. 24-20142 (5th Cir. June 13...
“Objective-Verifiability” as a Threshold for §1681i Claims: A Commentary on Reyes v. Equifax (5th Cir. 2025)

“Objective-Verifiability” as a Threshold for §1681i Claims: A Commentary on Reyes v. Equifax (5th Cir. 2025)

Date: Jun 18, 2025
“Objective-Verifiability” as a Threshold for §1681i Claims: A Commentary on Reyes v. Equifax (5th Cir. 2025) 1. Introduction In Reyes v. Equifax Information Services, L.L.C., the United States Court...
United States v. Sanchez: Reaffirming Firearm Prohibitions for Presently-Intoxicated Controlled-Substance Users

United States v. Sanchez: Reaffirming Firearm Prohibitions for Presently-Intoxicated Controlled-Substance Users

Date: Jun 18, 2025
United States v. Sanchez: Reaffirming Firearm Prohibitions for Presently-Intoxicated Controlled-Substance Users 1. Introduction United States v. Sanchez, No. 23-50293 (5th Cir. June 13, 2025) is a...
Yanez v. Dish Network: Fifth Circuit Abrogates the “Alford Exception” and Restricts Dismissals of Cases Stayed for Arbitration

Yanez v. Dish Network: Fifth Circuit Abrogates the “Alford Exception” and Restricts Dismissals of Cases Stayed for Arbitration

Date: Jun 18, 2025
Yanez v. Dish Network: Fifth Circuit Abrogates the “Alford Exception” and Restricts Dismissals of Cases Stayed for Arbitration Introduction In Yanez v. Dish Network, L.L.C., No. 24-50580 (5th Cir....
No Private Right of Action under the No Surprises Act – Commentary on Guardian Flight v. Health Care Service Corp.

No Private Right of Action under the No Surprises Act – Commentary on Guardian Flight v. Health Care Service Corp.

Date: Jun 18, 2025
No Private Right of Action under the No Surprises Act: Guardian Flight, L.L.C. & Med-Trans Corp. v. Health Care Service Corp. Introduction On 12 June 2025 the U.S. Court of Appeals for the Fifth...
Reinforcing Limited Judicial Review & Arbitral Immunity under the No Surprises Act:  A Commentary on Guardian Flight, L.L.C. v. Aetna Health, Inc. (5th Cir. 2025)

Reinforcing Limited Judicial Review & Arbitral Immunity under the No Surprises Act: A Commentary on Guardian Flight, L.L.C. v. Aetna Health, Inc. (5th Cir. 2025)

Date: Jun 18, 2025
Reinforcing Limited Judicial Review & Arbitral Immunity under the No Surprises Act: A Commentary on Guardian Flight, L.L.C. v. Aetna Health, Inc. (5th Cir. 2025) Introduction The Fifth Circuit’s...
Consolidating Judicial Review under the No Surprises Act: Fifth Circuit Confirms Exclusive FAA Grounds and Extends Arbitral Immunity to Certified IDR Entities

Consolidating Judicial Review under the No Surprises Act: Fifth Circuit Confirms Exclusive FAA Grounds and Extends Arbitral Immunity to Certified IDR Entities

Date: Jun 18, 2025
Consolidating Judicial Review under the No Surprises Act: Fifth Circuit Confirms Exclusive FAA Grounds and Extends Arbitral Immunity to Certified IDR Entities Introduction Guardian Flight, L.L.C. v....
Clarifying the Limits of “Satisfaction” and “Settlement” Clauses in Chapter 11 Plans: A Commentary on Atlantic Maritime v. QuarterNorth Energy

Clarifying the Limits of “Satisfaction” and “Settlement” Clauses in Chapter 11 Plans: A Commentary on Atlantic Maritime v. QuarterNorth Energy

Date: Jun 18, 2025
Clarifying the Limits of “Satisfaction” and “Settlement” Clauses in Chapter 11 Plans: Atlantic Maritime v. QuarterNorth Energy Introduction Atlantic Maritime Services, L.L.C. (“Atlantic”) and...
Dow Construction v. BPX Operating: The Fifth Circuit Redefines “Unleased Interests,” Expands Forfeiture to Post-Production Costs, and Imposes a One-Year Prescriptive Period Under Louisiana Forced-Pooling Law

Dow Construction v. BPX Operating: The Fifth Circuit Redefines “Unleased Interests,” Expands Forfeiture to Post-Production Costs, and Imposes a One-Year Prescriptive Period Under Louisiana Forced-Pooling Law

Date: Jun 11, 2025
Dow Construction v. BPX Operating: The Fifth Circuit Redefines “Unleased Interests,” Expands Forfeiture to Post-Production Costs, and Imposes a One-Year Prescriptive Period Under Louisiana...
United States v. Jackson: Fifth Circuit Clarifies Limits on Sua Sponte “Edwards Competency” Hearings for Self-Represented Defendants

United States v. Jackson: Fifth Circuit Clarifies Limits on Sua Sponte “Edwards Competency” Hearings for Self-Represented Defendants

Date: Jun 11, 2025
United States v. Jackson: Fifth Circuit Clarifies Limits on Sua Sponte “Edwards Competency” Hearings for Self-Represented Defendants Introduction In United States v. Jackson, No. 23-30683 (5th Cir....
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