5th Circuit Case Commentaries

United States v. Garcia: A Detailed, Multi-Source BOLO Can Supply Reasonable Suspicion for a Terry Stop; Dispatch/Computer Communications Satisfy Collective Knowledge

Date: Mar 19, 2026

United States v. Garcia: A Detailed, Multi-Source BOLO Can Supply Reasonable Suspicion for a Terry Stop; Dispatch/Computer Communications Satisfy Collective Knowledge 1. Introduction In United States...

Oral Adoption of PSR Appendix Satisfies Diggles Pronouncement Without an Express Defendant Colloquy (Rule 32 Compliance May Be Inferred)

Date: Mar 19, 2026

Oral Adoption of PSR Appendix Satisfies Diggles Pronouncement Without an Express Defendant Colloquy (Rule 32 Compliance May Be Inferred) Case: United States v. Villafana-Mondragon, No. 25-20018 (5th...

Vuong v. U.S. Department of Veterans Affairs: Sua Sponte Dismissal Is Improper Where a Hostile Work Environment Claim Is Substantively Pleaded and Not “Patently Frivolous”

Date: Mar 19, 2026

Vuong v. U.S. Department of Veterans Affairs: Sua Sponte Dismissal Is Improper Where a Hostile Work Environment Claim Is Substantively Pleaded and Not “Patently Frivolous” 1. Introduction In Vuong v....

Clouse v. Southern Methodist University: Necessity Standard Allows Taxing Both Deposition Video and Transcript Costs Under 28 U.S.C. § 1920(2)

Date: Mar 19, 2026

Clouse v. Southern Methodist University: Necessity Standard Allows Taxing Both Deposition Video and Transcript Costs Under 28 U.S.C. § 1920(2) Introduction This Fifth Circuit decision arises from...

Broad Settlement Releases Can Waive Texas § 16.035 Foreclosure Limitations Defenses (Even Post-Expiration) and Permit Successors to Enforce—With Tax Advances Treated as Secured Debt

Date: Mar 19, 2026

Broad Settlement Releases Can Waive Texas § 16.035 Foreclosure Limitations Defenses (Even Post-Expiration) and Permit Successors to Enforce—With Tax Advances Treated as Secured Debt Introduction In...

Conditional, Politically Framed Threats Targeting Federal Officials Qualify as “True Threats” Under § 875(c) (Fifth Circuit)

Date: Mar 19, 2026

Conditional, Politically Framed Threats Targeting Federal Officials Qualify as “True Threats” Under § 875(c) (Fifth Circuit) Introduction In United States v. Muller (5th Cir. Mar. 16, 2026) (per...

Cambric v. City of Corpus Christi: A Single Comparator and Generalized Allegations Do Not Plead a Monell “Custom,” and Unpleaded “Single-Incident Policymaker” Theories Are Forfeited

Date: Mar 15, 2026

Cambric v. City of Corpus Christi: A Single Comparator and Generalized Allegations Do Not Plead a Monell “Custom,” and Unpleaded “Single-Incident Policymaker” Theories Are Forfeited 1. Introduction...

Coram Nobis Diligence as a Threshold Bar, and § 1252’s Exclusive-Review Deadline for Stipulated Judicial Removal Orders (United States v. Nta)

Date: Mar 15, 2026

Coram Nobis Diligence as a Threshold Bar, and § 1252’s Exclusive-Review Deadline for Stipulated Judicial Removal Orders (United States v. Nta) I. Introduction In United States v. Nta (5th Cir. Mar....

Vacatur and Remand Required When EPA Reconsiders a Good-Neighbor SIP Disapproval Based on Post-Submission Modeling and Shifting Thresholds

Date: Mar 15, 2026

Vacatur and Remand Required When EPA Reconsiders a Good-Neighbor SIP Disapproval Based on Post-Submission Modeling and Shifting Thresholds Case: State of Texas v. EPA Court: United States Court of...

Louisiana Armed Robbery Is a U.S.S.G. § 4B1.2(a)(1) “Force-Clause” Crime of Violence Absent Louisiana Cases Showing Reckless Commission

Date: Mar 14, 2026

Louisiana Armed Robbery Is a U.S.S.G. § 4B1.2(a)(1) “Force-Clause” Crime of Violence Absent Louisiana Cases Showing Reckless Commission I. Introduction In United States v. Lanaute (5th Cir. Mar. 12,...

Answer-Deadline Extensions Do Not Waive § 1446’s 30-Day Removal Clock; Untimely Removal Supports § 1447(c) Fee Awards

Date: Mar 14, 2026

Answer-Deadline Extensions Do Not Waive § 1446’s 30-Day Removal Clock; Untimely Removal Supports § 1447(c) Fee Awards 1. Introduction In Groff Tractor Mid Atlantic, L.L.C. v. Rubble Master Americas...

Endorsement–Exclusion Ambiguity in Aircraft Policies: “Renter Pilot” Coverage and Flying-Club Use Creates a Fact Issue Under Texas Law

Date: Mar 13, 2026

Endorsement–Exclusion Ambiguity in Aircraft Policies: “Renter Pilot” Coverage and Flying-Club Use Creates a Fact Issue Under Texas Law 1. Introduction Clark v. American Natl Property (5th Cir. Mar....

Guidry v. LA Dept of Public Safety: Low-Frequency Weapon Incidents and the Limits of § 1983 Supervisory Liability in Prison Padlock-Policy and Medical-Delay Claims

Date: Mar 13, 2026

Guidry v. LA Dept of Public Safety: Low-Frequency Weapon Incidents and the Limits of § 1983 Supervisory Liability in Prison Padlock-Policy and Medical-Delay Claims Introduction Guidry v. LA Dept of...

Plain-Error Limits on § 3553(a)(2)(A) Challenges After Esteras in Supervised-Release Revocations

Date: Mar 13, 2026

Plain-Error Limits on § 3553(a)(2)(A) Challenges After Esteras in Supervised-Release Revocations 1. Introduction In United States v. Fleeks (5th Cir. Mar. 11, 2026) (unpublished), the Fifth Circuit...

Mosti v. Tullis: Qualified Immunity for Taking an Actively Resisting, Handcuffed Suspect to the Ground Where Video Does Not Show Clearly Excessive Force

Date: Mar 13, 2026

Mosti v. Tullis: Qualified Immunity for Taking an Actively Resisting, Handcuffed Suspect to the Ground Where Video Does Not Show Clearly Excessive Force 1. Introduction Mosti v. Tullis (5th Cir. Mar....

Core Bankruptcy Jurisdiction to Decide State-Law Predicate Issues for § 503(b) Administrative Expenses; Timely Restoration of Production Prevents Lease Termination Under a 120-Day Cessation Clause

Date: Mar 13, 2026

Core Bankruptcy Jurisdiction to Decide State-Law Predicate Issues for § 503(b) Administrative Expenses; Timely Restoration of Production Prevents Lease Termination Under a 120-Day Cessation Clause...

Rule 60(b)(1) Relief Cannot Be Conditioned on Showing a “Without-Prejudice” Dismissal Operates “With Prejudice”

Date: Mar 13, 2026

Rule 60(b)(1) Relief Cannot Be Conditioned on Showing a “Without-Prejudice” Dismissal Operates “With Prejudice” Case: Deras v. Johnson & Johnson Services, Incorporated (No. 25-10977) Court: United...

Filed-Rate Doctrine Bars Texas Insurance Code “Unfair Discrimination” Claims When Premium Differentials Flow from TDI-Filed Rating Plans (Including Retention/Elasticity Models)

Date: Mar 13, 2026

Filed-Rate Doctrine Bars Texas Insurance Code “Unfair Discrimination” Claims When Premium Differentials Flow from TDI-Filed Rating Plans (Including Retention/Elasticity Models) 1. Introduction In...

Expressly Limiting a Notice of Appeal to “Sentence Only” Waives Appellate Review of the Conviction in the Fifth Circuit

Date: Mar 13, 2026

Expressly Limiting a Notice of Appeal to “Sentence Only” Waives Appellate Review of the Conviction in the Fifth Circuit 1. Introduction United States v. Mendez-Lozano (5th Cir. Mar. 10, 2026) arises...

Villeda Chavez v. Bondi: BIA Abuses Discretion by Failing to Apply Newly Effective 8 C.F.R. § 1003.1 Factors to Termination and Administrative-Closure Motions

Date: Mar 12, 2026

Villeda Chavez v. Bondi: BIA Abuses Discretion by Failing to Apply Newly Effective 8 C.F.R. § 1003.1 Factors to Termination and Administrative-Closure Motions I. Introduction In Villeda Chavez v....