5th Circuit Case Commentaries

Facial Challenges to Public-Education DEI Laws Require Application-by-Application Review

Date: Oct 24, 2026

Facial Challenges to Public-Education DEI Laws Require Application-by-Application Review Case: Jackson Fed of Tchr v. Fitch Court: United States Court of Appeals for the Fifth Circuit Decided:...

FOIA Permits Prospective Online-Publication Injunctions to Remedy Ongoing Reading-Room Violations

Date: Oct 24, 2026

FOIA Permits Prospective Online-Publication Injunctions to Remedy Ongoing Reading-Room Violations Case: La Union v. FEMA, No. 24-40756 Court: United States Court of Appeals for the Fifth Circuit...

Arguable Probable Cause Under an Ambiguous Curfew Supports Qualified Immunity

Date: Oct 24, 2026

Arguable Probable Cause Under an Ambiguous Curfew Supports Qualified Immunity Case: Rincon v. Ibarra, No. 25-40820 Court: United States Court of Appeals for the Fifth Circuit Decision date: October...

Reconsideration Does Not Restart Insurance-Claim Limitations Unless the Insurer Withdraws or Changes Its Decision

Date: Oct 24, 2026

Reconsideration Does Not Restart Insurance-Claim Limitations Unless the Insurer Withdraws or Changes Its Decision Case: Mark Schnatzmeyer and Carole Sandlin v. State Farm Lloyds Court: United States...

CAT Deferral Cannot Rest on Speculative Chains of Harm: Clear-Error Review in Tuang v. Blanche

Date: Oct 24, 2026

CAT Deferral Cannot Rest on Speculative Chains of Harm: Clear-Error Review in Tuang v. Blanche Court: United States Court of Appeals for the Fifth Circuit Date: October 22, 2026 Case: No. 25-60394...

A Pending Appeal Does Not Bar a Supervision Transfer That Leaves the Appealed Conditions Unchanged

Date: Oct 24, 2026

A Pending Appeal Does Not Bar a Supervision Transfer That Leaves the Appealed Conditions Unchanged United States v. Estrada, No. 25-50963, Court of Appeals for the Fifth Circuit, October 22, 2026....

Pleading Disability Discrimination: Social Awkwardness Alone Does Not Establish Disability-Based Exclusion

Date: Oct 24, 2026

Pleading Disability Discrimination: Social Awkwardness Alone Does Not Establish Disability-Based Exclusion Case: Zimmer v. Estrada, No. 26-10046 Court: United States Court of Appeals for the Fifth...

Cumulative Harassment Review and Retaliation Pleading After a Short Suspension: Dyer v. New Orleans City

Date: Oct 24, 2026

Cumulative Harassment Review and Retaliation Pleading After a Short Suspension Case: Dyer v. New Orleans City Court: United States Court of Appeals for the Fifth Circuit Decision date: October 21,...

FTCA Liability for an Unjustified Rescue Shooting: Attorney’s Fees Must Come from Supported Compensatory Damages

Date: Oct 24, 2026

FTCA Liability for an Unjustified Rescue Shooting: Attorney’s Fees Must Come from Supported Compensatory Damages Case: Garcia v. United States Court: United States Court of Appeals for the Fifth...

Switchblades Are Protected Arms: Historical Carry Laws Do Not Justify the Federal Interstate Supply Ban

Date: Oct 24, 2026

Switchblades Are Protected Arms: Historical Carry Laws Do Not Justify the Federal Interstate Supply Ban Case: Knife Rights v. Blanche Court: United States Court of Appeals for the Fifth Circuit Date:...

TTCA Immunity: Disputed Police-Driving Negligence Precludes Summary Judgment, and Post-Call Paperwork Does Not Extend 9-1-1 Protection

Date: Oct 24, 2026

TTCA Immunity: Disputed Police-Driving Negligence Precludes Summary Judgment, and Post-Call Paperwork Does Not Extend 9-1-1 Protection Case: Payne v. City of Houston, Texas Court: United States Court...

Employee-Operated Transport Vessels Do Not Make an Offshore Services Contract Maritime

Date: Oct 24, 2026

Employee-Operated Transport Vessels Do Not Make an Offshore Services Contract Maritime Case: Quality Proc Svc v. Whitney Oil Court: United States Court of Appeals for the Fifth Circuit Decided:...

Discretion to Deny Reopening for Belated, Conclusory Expert Analysis of Previously Available Video

Date: Oct 24, 2026

Discretion to Deny Reopening for Belated, Conclusory Expert Analysis of Previously Available Video United States v. Logwood United States Court of Appeals for the Fifth Circuit No. 25-30674 — October...

First Step Act Credits: A Disqualifying Conviction Bars Eligibility Throughout an Aggregated Prison Term

Date: Oct 23, 2026

First Step Act Credits: A Disqualifying Conviction Bars Eligibility Throughout an Aggregated Prison Term Case: Causey v. Pate, No. 25-30550 Court: United States Court of Appeals for the Fifth Circuit...

United States v. Chaney: A Clear Career-Offender Error Does Not Alone Defeat an Appeal Waiver

Date: Oct 23, 2026

United States v. Chaney: A Clear Career-Offender Error Does Not Alone Defeat an Appeal Waiver Court: United States Court of Appeals for the Fifth Circuit Date: October 19, 2026 Opinion by: Judge...

Roadside Evasion During an Ongoing Drug Conspiracy Is Nontestimonial: United States v. Brown

Date: Oct 23, 2026

Roadside Evasion During an Ongoing Drug Conspiracy Is Nontestimonial: United States v. Brown Court: United States Court of Appeals for the Fifth Circuit Date: October 20, 2026 Appeals: Nos. 25-40300...

Meme-Stock Evidence Must Be Weighed in Securities Class Certification: Market-Efficiency Factors Are Not a Checklist

Date: Oct 23, 2026

Meme-Stock Evidence Must Be Weighed in Securities Class Certification: Market-Efficiency Factors Are Not a Checklist Case: Bozorgi v. Cassava Sciences Court: United States Court of Appeals for the...

A Clear Below-Deductible Denial Starts Texas Insurance Limitations; Reinspection Alone Does Not Restart the Clock

Date: Oct 23, 2026

A Clear Below-Deductible Denial Starts Texas Insurance Limitations; Reinspection Alone Does Not Restart the Clock Case: NFI Apartment Management, L.L.C. v. Third Coast Insurance Company Court: United...

Deceptive Roadside Statements Furthering an Ongoing Drug Conspiracy Are Nontestimonial

Date: Oct 23, 2026

Deceptive Roadside Statements Furthering an Ongoing Drug Conspiracy Are Nontestimonial Case: United States v. Nero, consolidated with the appeal of Quanita Sherries Brown Court: United States Court...

BIA May Screen New CAT Evidence for Reliability Without Resolving Disputed Facts

Date: Oct 23, 2026

BIA May Screen New CAT Evidence for Reliability Without Resolving Disputed Facts Zahid v. Blanche United States Court of Appeals for the Fifth Circuit October 20, 2026 | Nos. 25-60296 and 25-60524...