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  • Commentaries
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5th Circuit Case Commentaries

No Standing, No Fruit: Abandonment of a Borrowed Vehicle (and Phone) Bars Fourth Amendment Suppression — Commentary on United States v. Tsatenawa (5th Cir. 2025)

No Standing, No Fruit: Abandonment of a Borrowed Vehicle (and Phone) Bars Fourth Amendment Suppression — Commentary on United States v. Tsatenawa (5th Cir. 2025)

Date: Sep 8, 2025
No Standing, No Fruit: Abandonment of a Borrowed Vehicle (and Phone) Bars Fourth Amendment Suppression Commentary on United States v. Tsatenawa, No. 24-50034 (5th Cir. Sept. 5, 2025) (per curiam)...
Prospective Relief Allowed, Property Interest Denied: Fifth Circuit Applies Ex parte Young to Ongoing Medical‑License Restrictions and NPDB Reporting, but Rejects Due‑Process Claim to an Unobtained Unrestricted License

Prospective Relief Allowed, Property Interest Denied: Fifth Circuit Applies Ex parte Young to Ongoing Medical‑License Restrictions and NPDB Reporting, but Rejects Due‑Process Claim to an Unobtained Unrestricted License

Date: Sep 8, 2025
Prospective Relief Allowed, Property Interest Denied: Fifth Circuit Applies Ex parte Young to Ongoing Medical‑License Restrictions and NPDB Reporting, but Rejects Due‑Process Claim to an Unobtained...
Graduation Severs Continuing Violations Under Title IX: Fifth Circuit Reaffirms Two‑Year Limitations (Texas) and Treats Post‑Graduation Retaliation as a Discrete Act

Graduation Severs Continuing Violations Under Title IX: Fifth Circuit Reaffirms Two‑Year Limitations (Texas) and Treats Post‑Graduation Retaliation as a Discrete Act

Date: Sep 8, 2025
Graduation Severs Continuing Violations Under Title IX: Fifth Circuit Reaffirms Two‑Year Limitations (Texas) and Treats Post‑Graduation Retaliation as a Discrete Act Introduction This commentary...
Post‑Earnest Clarification of Doiron: Incidental Vessel Logistics and Transportation Clauses Do Not Convert Oilfield Master Service Contracts into Maritime Agreements

Post‑Earnest Clarification of Doiron: Incidental Vessel Logistics and Transportation Clauses Do Not Convert Oilfield Master Service Contracts into Maritime Agreements

Date: Sep 8, 2025
Post‑Earnest Clarification of Doiron: Incidental Vessel Logistics and Transportation Clauses Do Not Convert Oilfield Master Service Contracts into Maritime Agreements Introduction Offshore Oil...
Harmless Error, Moderate Social Limits, and Post‑2017 Opinion Articulation: The Fifth Circuit’s Clarification in Madkins v. Bisignano

Harmless Error, Moderate Social Limits, and Post‑2017 Opinion Articulation: The Fifth Circuit’s Clarification in Madkins v. Bisignano

Date: Sep 8, 2025
Harmless Error, Moderate Social Limits, and Post‑2017 Opinion Articulation: The Fifth Circuit’s Clarification in Madkins v. Bisignano Introduction In Madkins v. Bisignano (5th Cir. Sept. 3, 2025),...
Reinstatement Need Not Be Immediate: Fifth Circuit Requires “Next Available Position” Relief in Title VII/§1981 Retaliatory Discharge Cases

Reinstatement Need Not Be Immediate: Fifth Circuit Requires “Next Available Position” Relief in Title VII/§1981 Retaliatory Discharge Cases

Date: Sep 8, 2025
Reinstatement Need Not Be Immediate: Fifth Circuit Requires “Next Available Position” Relief in Title VII/§1981 Retaliatory Discharge Cases Introduction This Fifth Circuit decision in McMillian v....
Standing Orders Are Not Enough: Fifth Circuit Requires Oral Pronouncement of All Special Conditions of Supervised Release

Standing Orders Are Not Enough: Fifth Circuit Requires Oral Pronouncement of All Special Conditions of Supervised Release

Date: Sep 8, 2025
Standing Orders Are Not Enough: Fifth Circuit Requires Oral Pronouncement of All Special Conditions of Supervised Release Case: United States v. Osorio-Avelar, No. 24-20393 (5th Cir. Sept. 2, 2025)...
Defining “Invasion” and “Predatory Incursion” Under the Alien Enemies Act: Fifth Circuit Polices Statutory Preconditions and Grants Classwide Preliminary Relief; Seven‑Day Notice Tentatively Upheld

Defining “Invasion” and “Predatory Incursion” Under the Alien Enemies Act: Fifth Circuit Polices Statutory Preconditions and Grants Classwide Preliminary Relief; Seven‑Day Notice Tentatively Upheld

Date: Sep 8, 2025
Defining “Invasion” and “Predatory Incursion” Under the Alien Enemies Act: Fifth Circuit Polices Statutory Preconditions and Grants Classwide Preliminary Relief; Seven‑Day Notice Tentatively Upheld...
R&R Is Not Final: Fifth Circuit Declares It Plain Error to Curtail Discovery or Grant Summary Judgment Based on a Magistrate’s Report; Pro Se Dismissals Require “Without Prejudice” Absent Leave to Amend — Commentary on James v. Smith (5th Cir. 2025)

R&R Is Not Final: Fifth Circuit Declares It Plain Error to Curtail Discovery or Grant Summary Judgment Based on a Magistrate’s Report; Pro Se Dismissals Require “Without Prejudice” Absent Leave to Amend — Commentary on James v. Smith (5th Cir. 2025)

Date: Sep 2, 2025
R&R Is Not Final: Fifth Circuit Declares It Plain Error to Curtail Discovery or Grant Summary Judgment Based on a Magistrate’s Report; Pro Se Dismissals Require “Without Prejudice” Absent Leave to...
Jones v. City of Dallas (5th Cir. 2025): Forfeiture of Appellate Issues, Specific EEOC-Facts Requirement for ADA Retaliation, and the “Nearly Identical” Comparator Rule in Title VII Pay Claims

Jones v. City of Dallas (5th Cir. 2025): Forfeiture of Appellate Issues, Specific EEOC-Facts Requirement for ADA Retaliation, and the “Nearly Identical” Comparator Rule in Title VII Pay Claims

Date: Sep 2, 2025
Jones v. City of Dallas (5th Cir. 2025): Forfeiture of Appellate Issues, Specific EEOC-Facts Requirement for ADA Retaliation, and the “Nearly Identical” Comparator Rule in Title VII Pay Claims Court:...
Delegated Vessel Inspectors Are “Acting Under” the Coast Guard: Fifth Circuit Clarifies Federal Officer Removal for Recognized Organizations

Delegated Vessel Inspectors Are “Acting Under” the Coast Guard: Fifth Circuit Clarifies Federal Officer Removal for Recognized Organizations

Date: Sep 2, 2025
Delegated Vessel Inspectors Are “Acting Under” the Coast Guard: Fifth Circuit Clarifies Federal Officer Removal for Recognized Organizations Introduction In Krell v. American Bureau of Shipping (5th...
“A person of the voter’s choice” is not absolute: Fifth Circuit narrows VRA § 208 preemption and tightens pre‑enforcement standing in challenges to Texas S.B. 1

“A person of the voter’s choice” is not absolute: Fifth Circuit narrows VRA § 208 preemption and tightens pre‑enforcement standing in challenges to Texas S.B. 1

Date: Sep 2, 2025
“A person of the voter’s choice” is not absolute: Fifth Circuit narrows VRA § 208 preemption and tightens pre‑enforcement standing in challenges to Texas S.B. 1 Introduction In La Union del Pueblo...
Burbano Adoption Equals Exhaustion, and Internal Relocation to Family Can Defeat Well‑Founded Fear: Commentary on Perez‑Ordonez v. Bondi (5th Cir. 2025)

Burbano Adoption Equals Exhaustion, and Internal Relocation to Family Can Defeat Well‑Founded Fear: Commentary on Perez‑Ordonez v. Bondi (5th Cir. 2025)

Date: Sep 2, 2025
Burbano Adoption Equals Exhaustion, and Internal Relocation to Family Can Defeat Well‑Founded Fear: Perez‑Ordonez v. Bondi (5th Cir. 2025) Introduction This commentary examines the Fifth Circuit’s...
No Guesswork Under Rule 1006 and “Why” Matters in Concealment Laundering: The Fifth Circuit’s Multifaceted Ruling in United States v. McGuire

No Guesswork Under Rule 1006 and “Why” Matters in Concealment Laundering: The Fifth Circuit’s Multifaceted Ruling in United States v. McGuire

Date: Sep 2, 2025
No Guesswork Under Rule 1006 and “Why” Matters in Concealment Laundering: The Fifth Circuit’s Multifaceted Ruling in United States v. McGuire Introduction In United States v. McGuire (consolidated...
Rule 1006 Cannot Be Used To “Backfill” Missing Drug Quantities With Averages: Fifth Circuit Polices Summary Charts, Narrows Concealment Laundering, and Applies Harmless Error to CCE Indictments

Rule 1006 Cannot Be Used To “Backfill” Missing Drug Quantities With Averages: Fifth Circuit Polices Summary Charts, Narrows Concealment Laundering, and Applies Harmless Error to CCE Indictments

Date: Sep 2, 2025
Rule 1006 Cannot Be Used To “Backfill” Missing Drug Quantities With Averages: Fifth Circuit Polices Summary Charts, Narrows Concealment Laundering, and Applies Harmless Error to CCE Indictments...
Designation Is for the Judge, Not the Jury, and Combatant Immunity Stops at War Crimes: Commentary on United States v. Wadi (5th Cir. 2025)

Designation Is for the Judge, Not the Jury, and Combatant Immunity Stops at War Crimes: Commentary on United States v. Wadi (5th Cir. 2025)

Date: Sep 2, 2025
Designation Is for the Judge, Not the Jury, and Combatant Immunity Stops at War Crimes: Commentary on United States v. Wadi (5th Cir. 2025) Introduction In United States v. Wadi, the Fifth Circuit...
“Assumption Is Not Evidence”: Fifth Circuit Tightens the Nexus Requirement for Residential Search Warrants and Limits Good‑Faith Reliance for Portable Firearms Evidence

“Assumption Is Not Evidence”: Fifth Circuit Tightens the Nexus Requirement for Residential Search Warrants and Limits Good‑Faith Reliance for Portable Firearms Evidence

Date: Sep 2, 2025
“Assumption Is Not Evidence”: Fifth Circuit Tightens the Nexus Requirement for Residential Search Warrants and Limits Good‑Faith Reliance for Portable Firearms Evidence Commentary on United States v....
Fifth Circuit Tightens “Effective Denial” Doctrine: Concrete Urgency and Diligent, Date-Certain Requests Are Required to Invoke § 1292(a)(1) Jurisdiction

Fifth Circuit Tightens “Effective Denial” Doctrine: Concrete Urgency and Diligent, Date-Certain Requests Are Required to Invoke § 1292(a)(1) Jurisdiction

Date: Sep 2, 2025
Fifth Circuit Tightens “Effective Denial” Doctrine: Concrete Urgency and Diligent, Date-Certain Requests Are Required to Invoke § 1292(a)(1) Jurisdiction Introduction This commentary examines the...
PLRA’s 90-Day Clock Requires Mootness Dismissal and Munsingwear Vacatur of Expired Prison TROs: Fifth Circuit in Voice of the Experienced v. LeBlanc

PLRA’s 90-Day Clock Requires Mootness Dismissal and Munsingwear Vacatur of Expired Prison TROs: Fifth Circuit in Voice of the Experienced v. LeBlanc

Date: Sep 2, 2025
PLRA’s 90-Day Clock Requires Mootness Dismissal and Munsingwear Vacatur of Expired Prison TROs Commentary on Voice of the Experienced v. LeBlanc (5th Cir. Aug. 28, 2025) Introduction In Voice of the...
Bruen’s “Shall‑Issue” Presumption Shields the NFA’s Suppressor Licensing; Good‑Faith Exception Bars Suppression: A Commentary on United States v. Peterson (5th Cir. 2025)

Bruen’s “Shall‑Issue” Presumption Shields the NFA’s Suppressor Licensing; Good‑Faith Exception Bars Suppression: A Commentary on United States v. Peterson (5th Cir. 2025)

Date: Aug 31, 2025
Bruen’s “Shall‑Issue” Presumption Shields the NFA’s Suppressor Licensing; Good‑Faith Exception Bars Suppression: A Commentary on United States v. Peterson (5th Cir. 2025) Introduction United States...
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