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  • Commentaries
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5th Circuit Case Commentaries

SEC v. Barton: Clarifying the Scope of Receivership under Netsphere I for Securities Fraud Remedies

SEC v. Barton: Clarifying the Scope of Receivership under Netsphere I for Securities Fraud Remedies

Date: Apr 18, 2025
SEC v. Barton: Clarifying the Scope of Receivership under Netsphere I for Securities Fraud Remedies Introduction The Court of Appeals for the Fifth Circuit’s decision in SEC v. Timothy Barton (No....
Mandamus as a Check on Ultra Vires Reopening of Moot Cases under Rule 60(b)(6)

Mandamus as a Check on Ultra Vires Reopening of Moot Cases under Rule 60(b)(6)

Date: Apr 18, 2025
Mandamus as a Check on Ultra Vires Reopening of Moot Cases under Rule 60(b)(6) Introduction In In re: Gary Westcott, the United States Court of Appeals for the Fifth Circuit addressed a novel...
Preserving Article III Adjudication and Seventh Amendment Jury Rights in FCC Forfeiture Proceedings

Preserving Article III Adjudication and Seventh Amendment Jury Rights in FCC Forfeiture Proceedings

Date: Apr 18, 2025
Preserving Article III Adjudication and Seventh Amendment Jury Rights in FCC Forfeiture Proceedings Introduction This commentary examines the Fifth Circuit’s decision in AT&T v. FCC, which vacated a...
Clarifying the Scope of Receiverships in SEC Enforcement: The “Received or Benefited” Standard

Clarifying the Scope of Receiverships in SEC Enforcement: The “Received or Benefited” Standard

Date: Apr 18, 2025
Clarifying the Scope of Receiverships in SEC Enforcement: The “Received or Benefited” Standard Introduction The case of SEC v. Barton (Fifth Circuit, April 17, 2025) addresses the Securities and...
Moody Mandate: Fact-Intensive Two-Step Analysis in Facial First Amendment Challenges

Moody Mandate: Fact-Intensive Two-Step Analysis in Facial First Amendment Challenges

Date: Apr 18, 2025
Moody Mandate: Fact-Intensive Two-Step Analysis in Facial First Amendment Challenges Introduction The United States Court of Appeals for the Fifth Circuit’s April 17, 2025 decision in NetChoice,...
Qualified Immunity for Sequential Use of Deadly Force in Rapidly Evolving Police Pursuits

Qualified Immunity for Sequential Use of Deadly Force in Rapidly Evolving Police Pursuits

Date: Apr 17, 2025
Qualified Immunity for Sequential Use of Deadly Force in Rapidly Evolving Police Pursuits Introduction Estevis v. Cantu (5th Cir. Apr. 16, 2025) arises from a predawn, high-speed chase in Laredo,...
Enforcement of Consent‐to‐Settle Clauses and Reporting Obligations in E&O Policies

Enforcement of Consent‐to‐Settle Clauses and Reporting Obligations in E&O Policies

Date: Apr 16, 2025
Enforcement of Consent‐to‐Settle Clauses and Reporting Obligations in E&O Policies Introduction eQHealth AdviseWell, Inc. (“eQHealth”) provides managed‐care and prior‐authorization services to state...
Expanding the Scope of “Referral” Under the Medicare Anti-Kickback Statute: United States v. Stroud

Expanding the Scope of “Referral” Under the Medicare Anti-Kickback Statute: United States v. Stroud

Date: Apr 16, 2025
Expanding the Scope of “Referral” Under the Medicare Anti-Kickback Statute Introduction United States v. Stroud, decided April 15, 2025 by the Fifth Circuit (No. 22-11208), addresses the outer limits...
Establishing Appealability Boundaries: Final Decision Requirement for Remand Denials, Partial Dismissals, and Arbitration Stays

Establishing Appealability Boundaries: Final Decision Requirement for Remand Denials, Partial Dismissals, and Arbitration Stays

Date: Apr 16, 2025
Establishing Appealability Boundaries: Final Decision Requirement for Remand Denials, Partial Dismissals, and Arbitration Stays Introduction Profit v. Coleman, decided April 15, 2025 by the United...
United States v. Hall: Affirmative Defense Burden under the AKS Safe-Harbor and Joint Restitution for Health-Care Conspiracies

United States v. Hall: Affirmative Defense Burden under the AKS Safe-Harbor and Joint Restitution for Health-Care Conspiracies

Date: Apr 16, 2025
United States v. Hall: Affirmative Defense Burden under the AKS Safe-Harbor and Joint Restitution for Health-Care Conspiracies Introduction The Fifth Circuit’s decision in United States v. Hall, No....
Preserving Acceptance of Responsibility Credit When Exercising Suppression Rights

Preserving Acceptance of Responsibility Credit When Exercising Suppression Rights

Date: Apr 15, 2025
Preserving Acceptance of Responsibility Credit When Exercising Suppression Rights Introduction In United States v. Nunez, No. 22-50012 (5th Cir. Apr. 14, 2025), the Fifth Circuit addressed whether a...
Appraisal Provision Prevails Over Time-of-Loss Valuation and Triggers Bad Faith Penalties

Appraisal Provision Prevails Over Time-of-Loss Valuation and Triggers Bad Faith Penalties

Date: Apr 15, 2025
Appraisal Provision Prevails Over Time-of-Loss Valuation and Triggers Bad Faith Penalties Introduction This case commentary examines the Fifth Circuit’s per curiam decision in First Assembly of God...
Judicial Determination of Duty as a Question of Law and LPRA Fee Entitlement in Gomez v. Galman

Judicial Determination of Duty as a Question of Law and LPRA Fee Entitlement in Gomez v. Galman

Date: Apr 15, 2025
Judicial Determination of Duty as a Question of Law and LPRA Fee Entitlement in Gomez v. Galman Introduction Gomez v. Galman (5th Cir. 2025) arises from a violent confrontation on July 24, 2018, when...
Implied “Time Is of the Essence” and Waiver of Material Breach by Continued Performance in UCC Article 2 Contracts

Implied “Time Is of the Essence” and Waiver of Material Breach by Continued Performance in UCC Article 2 Contracts

Date: Apr 15, 2025
Implied “Time Is of the Essence” and Waiver of Material Breach by Continued Performance in UCC Article 2 Contracts Introduction This commentary examines UniWell Laboratories L.L.C. v. Frain...
Ambiguous Policy Provisions and the Duty‐to‐Read Doctrine: Protecting Insureds from Improper Removal

Ambiguous Policy Provisions and the Duty‐to‐Read Doctrine: Protecting Insureds from Improper Removal

Date: Apr 12, 2025
Ambiguous Policy Provisions and the Duty-to-Read Doctrine: Protecting Insureds from Improper Removal Introduction Wilson v. Kemper Corporate Services, No. 24-60090 (5th Cir. Apr. 11, 2025), presents...
Threshold of “Substantial Harm” in Eighth Amendment Sleep Apnea Delay Claims

Threshold of “Substantial Harm” in Eighth Amendment Sleep Apnea Delay Claims

Date: Apr 12, 2025
Threshold of “Substantial Harm” in Eighth Amendment Sleep Apnea Delay Claims Introduction In Lavergne v. Lavespere, No. 24-30317 (5th Cir. Apr. 11, 2025), the Fifth Circuit addressed a pro se 42...
Jury Determination Required for Separate-Occasions Predicate Offenses Under ACCA

Jury Determination Required for Separate-Occasions Predicate Offenses Under ACCA

Date: Apr 11, 2025
Jury Determination Required for Separate-Occasions Predicate Offenses Under ACCA Introduction United States v. Kerstetter is a Fifth Circuit decision issued on April 10, 2025, on remand from the...
Joint Employers and Occasional Safety-Affecting Duties Satisfy the MCA Exemption Under the FLSA

Joint Employers and Occasional Safety-Affecting Duties Satisfy the MCA Exemption Under the FLSA

Date: Apr 11, 2025
Joint Employers and Occasional Safety-Affecting Duties Satisfy the MCA Exemption Under the FLSA Introduction Rosendo Joseph Rosales, III and Leo C. Butler, Jr. (“Plaintiffs–Appellants”) sued...
Parallel State Adoption of Federal Law Does Not Trigger Obstacles-and-Purposes Preemption

Parallel State Adoption of Federal Law Does Not Trigger Obstacles-and-Purposes Preemption

Date: Apr 11, 2025
Parallel State Adoption of Federal Law Does Not Trigger Obstacles-and-Purposes Preemption Introduction In Zyla Life Sciences, L.L.C. v. Wells Pharma of Houston, L.L.C., 23-20533 (5th Cir. Apr. 10,...
Receiver-Managed Utility Rates Not a “Federal Assistance Program” Under the Food and Nutrition Act

Receiver-Managed Utility Rates Not a “Federal Assistance Program” Under the Food and Nutrition Act

Date: Apr 11, 2025
Receiver-Managed Utility Rates Not a “Federal Assistance Program” Under the Food and Nutrition Act Introduction In State of Mississippi v. JXN Water (5th Cir. Apr. 10, 2025), the Fifth Circuit...
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