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  • Commentaries
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5th Circuit Case Commentaries

Affirming District Court’s Broad Discretion in Upward Variances: Substantive Reasonableness in United States v. Brown

Affirming District Court’s Broad Discretion in Upward Variances: Substantive Reasonableness in United States v. Brown

Date: May 31, 2025
Affirming District Court’s Broad Discretion in Upward Variances: Substantive Reasonableness in United States v. Brown Introduction United States v. Brown, 24-30214 (5th Cir. May 30, 2025) arises from...
Enforcement of the Single Satisfaction Rule in Bankruptcy Preference Recoveries Under 11 U.S.C. § 550

Enforcement of the Single Satisfaction Rule in Bankruptcy Preference Recoveries Under 11 U.S.C. § 550

Date: May 31, 2025
Enforcement of the Single Satisfaction Rule in Bankruptcy Preference Recoveries Under 11 U.S.C. § 550 Introduction In Ad Hoc Group of Senior Secured Noteholders; DIP Lenders; Wilmington Savings Fund...
Jane Does 1–5 v. Obiano: The TVPA Does Not Implicitly Abrogate Common-Law Foreign Official Immunity

Jane Does 1–5 v. Obiano: The TVPA Does Not Implicitly Abrogate Common-Law Foreign Official Immunity

Date: May 30, 2025
Jane Does 1–5 v. Obiano: The TVPA Does Not Implicitly Abrogate Common-Law Foreign Official Immunity Introduction In Jane Does 1–5 v. Obiano, No. 24-20075 (5th Cir. May 29, 2025), the Fifth Circuit...
Pro Se Representation Limits and Pleading Standards in §1983 and Federal Anti-Discrimination Actions: Wells v. East Baton Rouge Sch Sys

Pro Se Representation Limits and Pleading Standards in §1983 and Federal Anti-Discrimination Actions: Wells v. East Baton Rouge Sch Sys

Date: May 29, 2025
Pro Se Representation Limits and Pleading Standards in §1983 and Federal Anti-Discrimination Actions Introduction Wells v. East Baton Rouge School System, decided May 28, 2025 by the United States...
Unreviewable Discretion of the NLRB General Counsel to Withdraw Complaints Pre-Hearing

Unreviewable Discretion of the NLRB General Counsel to Withdraw Complaints Pre-Hearing

Date: May 29, 2025
Unreviewable Discretion of the NLRB General Counsel to Withdraw Complaints Pre-Hearing Introduction United Natural Foods, Inc. (“UNFI”) brought charges under the National Labor Relations Act (NLRA)...
Surreptitious Electronic Searches via Private Intermediaries Violate the Fourth Amendment:  
         Agent Liability Established in Heidi Group v. Texas Health and Human Services (5th Cir. 2025)

Surreptitious Electronic Searches via Private Intermediaries Violate the Fourth Amendment: Agent Liability Established in Heidi Group v. Texas Health and Human Services (5th Cir. 2025)

Date: May 29, 2025
Surreptitious Electronic Searches via Private Intermediaries Violate the Fourth Amendment: Agent Liability Established in Heidi Group v. Texas Health and Human Services Introduction The Fifth...
Protecting Truthful Commercial Speech in Vision Care Networks: Healthy Vision Assoc. v. Abbott

Protecting Truthful Commercial Speech in Vision Care Networks: Healthy Vision Assoc. v. Abbott

Date: May 24, 2025
Protecting Truthful Commercial Speech in Vision Care Networks: Healthy Vision Assoc. v. Abbott Introduction In Healthy Vision Association v. Abbott, No. 24-10245 (5th Cir. May 23, 2025), the Fifth...
Admission of Body-Worn Camera Evidence at the Motion to Dismiss Stage in Qualified Immunity §1983 Cases

Admission of Body-Worn Camera Evidence at the Motion to Dismiss Stage in Qualified Immunity §1983 Cases

Date: May 24, 2025
Admission of Body-Worn Camera Evidence at the Motion to Dismiss Stage in Qualified Immunity §1983 Cases Introduction Salinas v. City of Houston, No. 23-20617 (5th Cir. May 23, 2025), presents a §...
No First Amendment Right to Receive Information in Public Library Collections: Reinforcing Government Speech Immunity

No First Amendment Right to Receive Information in Public Library Collections: Reinforcing Government Speech Immunity

Date: May 24, 2025
No First Amendment Right to Receive Information in Public Library Collections: Reinforcing Government Speech Immunity Introduction Little v. Llano County is a 2025 en banc decision of the United...
Equitable Enforcement and Exhaustion in NLRB Orders: AllService Plumbing v. NLRB

Equitable Enforcement and Exhaustion in NLRB Orders: AllService Plumbing v. NLRB

Date: May 24, 2025
Equitable Enforcement and Exhaustion in NLRB Orders: AllService Plumbing v. NLRB Introduction AllService Plumbing and Maintenance, Inc., a small family-owned business in Baton Rouge, Louisiana, faced...
Extending Constructive Trusts Through Controlled Entities: Ruff v. Destination Development Partners

Extending Constructive Trusts Through Controlled Entities: Ruff v. Destination Development Partners

Date: May 24, 2025
Extending Constructive Trusts Through Controlled Entities: Ruff v. Destination Development Partners Introduction Ruff v. Destination Development Partners, decided May 23, 2025 by the Fifth Circuit,...
Finality and Deference in ADA Termination Appeals: Conner v. Noxubee County

Finality and Deference in ADA Termination Appeals: Conner v. Noxubee County

Date: May 24, 2025
Finality and Deference in ADA Termination Appeals: Conner v. Noxubee County Introduction Conner v. Noxubee County Board of Supervisors, decided May 23, 2025 by the Fifth Circuit Court of Appeals (No....
Fifth Circuit Establishes Post-Dispute Negligence Standard for FCRA Furnishers

Fifth Circuit Establishes Post-Dispute Negligence Standard for FCRA Furnishers

Date: May 23, 2025
Fifth Circuit Establishes Post-Dispute Negligence Standard for FCRA Furnishers Introduction In Schultz v. HomeBridge Financial Services, Inc., No. 24-50193 (5th Cir. May 22, 2025), the Fifth Circuit...
Expanding Maritime Liens: Recognizing "Necessaries" for Vessel Conversions

Expanding Maritime Liens: Recognizing "Necessaries" for Vessel Conversions

Date: May 23, 2025
Expanding Maritime Liens: Recognizing "Necessaries" for Vessel Conversions Introduction John Bludworth Shipyard, L.L.C. (“JBS”) performed nearly $3 million of conversion work on three barges—Captain...
United States v. Bourrage: Expanding Standing and Franks‐Hearing Standards Under Title III

United States v. Bourrage: Expanding Standing and Franks‐Hearing Standards Under Title III

Date: May 22, 2025
United States v. Bourrage: Expanding Standing and Franks‐Hearing Standards Under Title III 1. Introduction In United States v. Bourrage (5th Cir. May 21, 2025), the Fifth Circuit considered five...
Limiting Organizational and Associational Standing in SDWA Primacy Challenges

Limiting Organizational and Associational Standing in SDWA Primacy Challenges

Date: May 22, 2025
Limiting Organizational and Associational Standing in SDWA Primacy Challenges 1. Introduction In Deep South Center for Environmental Justice v. EPA, the Fifth Circuit addressed whether three...
Mandatory Restitution under 18 U.S.C. §2259 Requires Proximate-Cause Analysis to Avoid Exceeding the Statutory Maximum

Mandatory Restitution under 18 U.S.C. §2259 Requires Proximate-Cause Analysis to Avoid Exceeding the Statutory Maximum

Date: May 22, 2025
Mandatory Restitution under 18 U.S.C. §2259 Requires Proximate-Cause Analysis to Avoid Exceeding the Statutory Maximum Introduction United States v. West is a Fifth Circuit decision handed down on...
Rubio v. Guerrero: Clarifying the Double-Deference Standard for Certificates of Appealability under AEDPA

Rubio v. Guerrero: Clarifying the Double-Deference Standard for Certificates of Appealability under AEDPA

Date: May 22, 2025
Rubio v. Guerrero: Clarifying the Double-Deference Standard for Certificates of Appealability under AEDPA Introduction In Rubio v. Guerrero, 24-70004 (5th Cir. May 21, 2025), the Fifth Circuit...
Fugitive Tolling of Federal Supervised Release: Doctrine Affirmed in United States v. Swick

Fugitive Tolling of Federal Supervised Release: Doctrine Affirmed in United States v. Swick

Date: May 16, 2025
Fugitive Tolling of Federal Supervised Release United States v. Swick, 5th Cir., No. 24-10172 (May 15, 2025) Introduction United States v. Swick addresses whether the doctrine of “fugitive...
Welsh v. Lamb County: Limiting Claim-Splitting and Res Judicata for Post-Accrual §1983 Claims

Welsh v. Lamb County: Limiting Claim-Splitting and Res Judicata for Post-Accrual §1983 Claims

Date: May 16, 2025
Welsh v. Lamb County: Limiting Claim-Splitting and Res Judicata for Post-Accrual §1983 Claims Introduction In Welsh v. Lamb County, 5th Cir. Nos. 24-10540 & 24-10576 (May 15, 2025), the Fifth Circuit...
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