5th Circuit Case Commentaries

Direct Student Supervision Is an Essential Function of Middle-School Teaching: Fifth Circuit Holds the ADA Does Not Require Hiring a Full-Time Aide or Reassigning Supervision Duties

Date: Apr 3, 2025

Direct Student Supervision Is an Essential Function of Middle-School Teaching: Fifth Circuit Holds the ADA Does Not Require Hiring a Full-Time Aide or Reassigning Supervision Duties Introduction In...

EUA’s “Option to Refuse” Is an Informational Duty on Vaccine Providers—Not a Substantive Employment Right; Private Hospital Vaccine Mandates Are Not State Action (Pearson v. Shriners Hospitals, 5th Cir. 2025)

Date: Apr 3, 2025

EUA’s “Option to Refuse” Is an Informational Duty on Vaccine Providers—Not a Substantive Employment Right; Private Hospital Vaccine Mandates Are Not State Action Pearson v. Shriners Hospitals, U.S....

Failure to Negate Qualified Immunity at Summary Judgment; Illegal-Search Injury Supports Damages Standing; Injunctive Relief Must Be Dismissed Without Prejudice

Date: Apr 2, 2025

Failure to Negate Qualified Immunity at Summary Judgment; Illegal-Search Injury Supports Damages Standing; Injunctive Relief Must Be Dismissed Without Prejudice Introduction In Paz v. Hayden, No....

Mere Prospect of Agency Policy Shift Is Not “Adversity”: Fifth Circuit Tightens Adequate-Representation Showing for Intervention to Defend Federal Rules

Date: Apr 2, 2025

Mere Prospect of Agency Policy Shift Is Not “Adversity”: Fifth Circuit Tightens Adequate-Representation Showing for Intervention to Defend Federal Rules Introduction In State of Louisiana v. Burgum,...

Pre‑2017 1098‑T Mismatches and Prior Civil Audits Can Prove Intent and Support Tax‑Loss Estimates: Fifth Circuit Affirms Broad “Relevant Conduct” in Tax‑Prep Conspiracies

Date: Apr 1, 2025

Pre‑2017 1098‑T Mismatches and Prior Civil Audits Can Prove Intent and Support Tax‑Loss Estimates: Fifth Circuit Affirms Broad “Relevant Conduct” in Tax‑Prep Conspiracies Commentary on: United States...

Dangerousness-Based Disarmament Under § 922(g)(1) After Rahimi: The Fifth Circuit’s As‑Applied Approach in United States v. Davis

Date: Apr 1, 2025

Dangerousness-Based Disarmament Under § 922(g)(1) After Rahimi: The Fifth Circuit’s As‑Applied Approach in United States v. Davis Introduction In United States v. Davis, No. 24-20258 (5th Cir. Mar....

No Clearly Established Taking from Temporary Airport Exclusion; Exhibits Trump Franks Allegations at the Pleadings Stage — De Leon v. Munoz (5th Cir. 2025)

Date: Apr 1, 2025

No Clearly Established Taking from Temporary Airport Exclusion; Exhibits Trump Franks Allegations at the Pleadings Stage — De Leon v. Munoz (5th Cir. 2025) Introduction This Fifth Circuit per curiam...

United States v. Earnest: Fifth Circuit Clarifies that Prior IRS Audits Are Admissible Under Rule 404(b), Rule 1006 Summaries Need No Expert, and Missing Form 1098‑T Can Support Tax-Loss Estimates and Relevant Conduct Across Employers

Date: Apr 1, 2025

United States v. Earnest: Fifth Circuit Clarifies that Prior IRS Audits Are Admissible Under Rule 404(b), Rule 1006 Summaries Need No Expert, and Missing Form 1098‑T Can Support Tax-Loss Estimates...

Warner v. Talos ERT: Fifth Circuit Endorses Separate Wrongful‑Death Awards for Loss of Love and Mental Anguish and Clarifies Principal Liability via SEMS‑Based Control

Date: Mar 29, 2025

Warner v. Talos ERT: Fifth Circuit Endorses Separate Wrongful‑Death Awards for Loss of Love and Mental Anguish and Clarifies Principal Liability via SEMS‑Based Control Introduction In Warner v. Talos...

Express FCA Falsehoods Need No Knowledge-of-Materiality; Premature Global Billing Is Factually False; CPT Ambiguity Bars Summary Judgment

Date: Mar 29, 2025

Express FCA Falsehoods Need No Knowledge-of-Materiality; Premature Global Billing Is Factually False; CPT Ambiguity Bars Summary Judgment Introduction In Montcrief v. Peripheral Vascular Associates,...

Qualified Immunity Divides: Ordering Officer Can Face Liability for 30‑Hour “Hot‑Shower” Dry‑Cell; Subordinates Protected When Orders Are Not Facially Outrageous (Burkle v. Patrick, 5th Cir. 2025)

Date: Mar 29, 2025

Qualified Immunity Divides: Ordering Officer Can Face Liability for 30‑Hour “Hot‑Shower” Dry‑Cell; Subordinates Protected When Orders Are Not Facially Outrageous (Burkle v. Patrick, 5th Cir. 2025)...

NEPA’s Proximate-Effects Limit and the “No Incremental Impact” Safe Harbor: Fifth Circuit Clarifies Scope, Preservation, and Climate Analysis in Indigenous Peoples v. U.S. Army Corps of Engineers

Date: Mar 29, 2025

NEPA’s Proximate-Effects Limit and the “No Incremental Impact” Safe Harbor: Fifth Circuit Clarifies Scope, Preservation, and Climate Analysis in Indigenous Peoples v. U.S. Army Corps of Engineers...

Similarity for Rule 404(b) May Rest on a Ballistics Identity Link; Limits on Bias Cross Concerning State Charges; Defendant‑Caused Delays Narrow Barker Clock — United States v. Stuart (5th Cir. 2025)

Date: Mar 29, 2025

Similarity for Rule 404(b) May Rest on a Ballistics Identity Link; Limits on Bias Cross Concerning State Charges; Defendant‑Caused Delays Narrow Barker Clock — United States v. Stuart (5th Cir. 2025)...

No Actual Notice, No Discharge: Partial Assignment of a Louisiana Surface Lease Creates Privity Requiring Formal Bankruptcy Notice (Placid Oil v. Avalon Farms, 5th Cir. 2025)

Date: Mar 28, 2025

No Actual Notice, No Discharge: Partial Assignment of a Louisiana Surface Lease Creates Privity Requiring Formal Bankruptcy Notice Commentary on Placid Oil, L.L.C. v. Avalon Farms, Inc., No. 23-11120...

Reaffirming Hays’s “Fragmentation” Doctrine: The Fifth Circuit Lacks Jurisdiction to Review Intervention Denials Once the Supreme Court Has the Merits (Callais v. Landry)

Date: Mar 28, 2025

Reaffirming Hays’s “Fragmentation” Doctrine: The Fifth Circuit Lacks Jurisdiction to Review Intervention Denials Once the Supreme Court Has the Merits Introduction In Callais v. Landry, No. 24-30177...

Post-Lora Double Jeopardy: Fifth Circuit Bars Cumulative Convictions Under 18 U.S.C. § 924(j) and Its Predicate Offense (e.g., § 1201 Kidnapping Resulting in Death)

Date: Mar 28, 2025

Post-Lora Double Jeopardy: Fifth Circuit Bars Cumulative Convictions Under 18 U.S.C. § 924(j) and Its Predicate Offense (e.g., § 1201 Kidnapping Resulting in Death) Introduction In United States v....

Prerequisite, Not Precondition: The Fifth Circuit Clarifies MDLEA “Jurisdiction” and Plea Validity in United States v. Franco Posligua

Date: Mar 28, 2025

Prerequisite, Not Precondition: The Fifth Circuit Clarifies MDLEA “Jurisdiction” and Plea Validity in United States v. Franco Posligua Introduction This commentary examines the Fifth Circuit’s...

United States v. Schnur: Fifth Circuit confirms § 922(g)(1) constitutionally applies to felons with violent or theft predicates—even when the predicate offense did not involve a firearm

Date: Mar 27, 2025

United States v. Schnur: Fifth Circuit confirms § 922(g)(1) constitutionally applies to felons with violent or theft predicates—even when the predicate offense did not involve a firearm Introduction...

Refusal to Show ID as “Interference with Public Duties”: Fifth Circuit Affirms Qualified and Official Immunity in Martinez v. Harris County

Date: Mar 27, 2025

Refusal to Show ID as “Interference with Public Duties”: Fifth Circuit Affirms Qualified and Official Immunity in Martinez v. Harris County Introduction In Martinez v. Harris County, Texas, No....

Residual-Loss Clauses in Lender‑Placed Policies Create Borrower Third‑Party Beneficiary Rights Under Louisiana Law; Consideration Not Required Under Civil Code art. 1978 — Williams v. Integon National Insurance (5th Cir. 2025)

Date: Mar 26, 2025

Residual-Loss Clauses in Lender‑Placed Policies Create Borrower Third‑Party Beneficiary Rights Under Louisiana Law; Consideration Not Required Under Civil Code art. 1978 Introduction In Williams v....

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