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  • Commentaries
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5th Circuit Case Commentaries

Limits of Plea Agreement Charge Bars: Temporal, Geographic, and Statutory Distinctions Doctrine

Limits of Plea Agreement Charge Bars: Temporal, Geographic, and Statutory Distinctions Doctrine

Date: Apr 22, 2025
Limits of Plea Agreement Charge Bars: Temporal, Geographic, and Statutory Distinctions Doctrine Introduction This commentary examines the Fifth Circuit’s decision in United States v. Muhammad, No....
Enforceability of Collateral-Review Waivers Against Post-Davis § 924(c) Attacks

Enforceability of Collateral-Review Waivers Against Post-Davis § 924(c) Attacks

Date: Apr 22, 2025
Enforceability of Collateral-Review Waivers Against Post-Davis § 924(c) Attacks 1. Introduction The case of United States v. Jones (5th Cir. Apr. 21, 2025) arises from Cedric Ray Jones’s guilty plea...
Epley v. Lopez: Mandamus Prerequisite for §1404(a) Transfers and Prisoner Medical Claim Standards

Epley v. Lopez: Mandamus Prerequisite for §1404(a) Transfers and Prisoner Medical Claim Standards

Date: Apr 22, 2025
Epley v. Lopez: Mandamus Prerequisite for §1404(a) Transfers and Prisoner Medical Claim Standards Introduction In Epley v. Lopez, No. 23-10374 (5th Cir. April 21, 2025), Charles Epley—a Texas inmate...
End-of-Plan Completion Requirement for Unsecured Claims under 11 U.S.C. § 1325(b)(1)(A)

End-of-Plan Completion Requirement for Unsecured Claims under 11 U.S.C. § 1325(b)(1)(A)

Date: Apr 22, 2025
End-of-Plan Completion Requirement for Unsecured Claims under 11 U.S.C. § 1325(b)(1)(A) Introduction In Bassel v. Durand-Day, two above-median-income Chapter 13 debtors—Victoria Florita Durand-Day...
Clarifying the Scope of “Underlying and Related Conduct” in Plea Agreements

Clarifying the Scope of “Underlying and Related Conduct” in Plea Agreements

Date: Apr 22, 2025
Clarifying the Scope of “Underlying and Related Conduct” in Plea Agreements Introduction United States v. Muhammad, 24-10113 & 24-10116 (5th Cir. Apr. 21, 2025), presents a pivotal interpretation of...
Restitution Under MVRA Limited to Harm Within the Same Scheme: United States v. Lucas

Restitution Under MVRA Limited to Harm Within the Same Scheme: United States v. Lucas

Date: Apr 19, 2025
Restitution Under MVRA Limited to Harm Within the Same Scheme: United States v. Lucas Introduction United States v. Lucas (5th Cir. Apr. 18, 2025) concerns William Dexter Lucas’s appeal of a...
Imputation of Agency Knowledge and the Discovery Rule: Triggering Prescription under Louisiana Products Liability Law

Imputation of Agency Knowledge and the Discovery Rule: Triggering Prescription under Louisiana Products Liability Law

Date: Apr 19, 2025
Imputation of Agency Knowledge and the Discovery Rule: Triggering Prescription under Louisiana Products Liability Law Introduction This commentary examines the Fifth Circuit’s decision in Allied...
Search Warrant Probable Cause and Deceased Suspects: New Qualified Immunity Rule in Nevarez v. Dorris

Search Warrant Probable Cause and Deceased Suspects: New Qualified Immunity Rule in Nevarez v. Dorris

Date: Apr 19, 2025
Search Warrant Probable Cause and Deceased Suspects: New Qualified Immunity Rule in Nevarez v. Dorris Introduction Nevarez v. Dorris is a 2025 decision by the United States Court of Appeals for the...
Media Intervention and Unsealing of Judicial Records: Establishing the Right to Unseal Sealed Settlement Proceedings

Media Intervention and Unsealing of Judicial Records: Establishing the Right to Unseal Sealed Settlement Proceedings

Date: Apr 19, 2025
Media Intervention and Unsealing of Judicial Records: Establishing the Right to Unseal Sealed Settlement Proceedings Introduction This commentary examines the Fifth Circuit’s April 18, 2025 decision...
Vanderlan v. Jackson HMA: Affirming Government’s Deference in Dismissing Qui Tam Actions under FCA §3730(c)(2)(A)

Vanderlan v. Jackson HMA: Affirming Government’s Deference in Dismissing Qui Tam Actions under FCA §3730(c)(2)(A)

Date: Apr 19, 2025
Vanderlan v. Jackson HMA: Affirming Government’s Deference in Dismissing Qui Tam Actions under FCA §3730(c)(2)(A) Introduction Vanderlan v. Jackson HMA, decided April 18, 2025 by the Fifth Circuit,...
SEC v. Barton: Clarifying the Scope of Receivership under Netsphere I for Securities Fraud Remedies

SEC v. Barton: Clarifying the Scope of Receivership under Netsphere I for Securities Fraud Remedies

Date: Apr 18, 2025
SEC v. Barton: Clarifying the Scope of Receivership under Netsphere I for Securities Fraud Remedies Introduction The Court of Appeals for the Fifth Circuit’s decision in SEC v. Timothy Barton (No....
Mandamus as a Check on Ultra Vires Reopening of Moot Cases under Rule 60(b)(6)

Mandamus as a Check on Ultra Vires Reopening of Moot Cases under Rule 60(b)(6)

Date: Apr 18, 2025
Mandamus as a Check on Ultra Vires Reopening of Moot Cases under Rule 60(b)(6) Introduction In In re: Gary Westcott, the United States Court of Appeals for the Fifth Circuit addressed a novel...
Preserving Article III Adjudication and Seventh Amendment Jury Rights in FCC Forfeiture Proceedings

Preserving Article III Adjudication and Seventh Amendment Jury Rights in FCC Forfeiture Proceedings

Date: Apr 18, 2025
Preserving Article III Adjudication and Seventh Amendment Jury Rights in FCC Forfeiture Proceedings Introduction This commentary examines the Fifth Circuit’s decision in AT&T v. FCC, which vacated a...
Clarifying the Scope of Receiverships in SEC Enforcement: The “Received or Benefited” Standard

Clarifying the Scope of Receiverships in SEC Enforcement: The “Received or Benefited” Standard

Date: Apr 18, 2025
Clarifying the Scope of Receiverships in SEC Enforcement: The “Received or Benefited” Standard Introduction The case of SEC v. Barton (Fifth Circuit, April 17, 2025) addresses the Securities and...
Moody Mandate: Fact-Intensive Two-Step Analysis in Facial First Amendment Challenges

Moody Mandate: Fact-Intensive Two-Step Analysis in Facial First Amendment Challenges

Date: Apr 18, 2025
Moody Mandate: Fact-Intensive Two-Step Analysis in Facial First Amendment Challenges Introduction The United States Court of Appeals for the Fifth Circuit’s April 17, 2025 decision in NetChoice,...
Qualified Immunity for Sequential Use of Deadly Force in Rapidly Evolving Police Pursuits

Qualified Immunity for Sequential Use of Deadly Force in Rapidly Evolving Police Pursuits

Date: Apr 17, 2025
Qualified Immunity for Sequential Use of Deadly Force in Rapidly Evolving Police Pursuits Introduction Estevis v. Cantu (5th Cir. Apr. 16, 2025) arises from a predawn, high-speed chase in Laredo,...
Enforcement of Consent‐to‐Settle Clauses and Reporting Obligations in E&O Policies

Enforcement of Consent‐to‐Settle Clauses and Reporting Obligations in E&O Policies

Date: Apr 16, 2025
Enforcement of Consent‐to‐Settle Clauses and Reporting Obligations in E&O Policies Introduction eQHealth AdviseWell, Inc. (“eQHealth”) provides managed‐care and prior‐authorization services to state...
Expanding the Scope of “Referral” Under the Medicare Anti-Kickback Statute: United States v. Stroud

Expanding the Scope of “Referral” Under the Medicare Anti-Kickback Statute: United States v. Stroud

Date: Apr 16, 2025
Expanding the Scope of “Referral” Under the Medicare Anti-Kickback Statute Introduction United States v. Stroud, decided April 15, 2025 by the Fifth Circuit (No. 22-11208), addresses the outer limits...
Establishing Appealability Boundaries: Final Decision Requirement for Remand Denials, Partial Dismissals, and Arbitration Stays

Establishing Appealability Boundaries: Final Decision Requirement for Remand Denials, Partial Dismissals, and Arbitration Stays

Date: Apr 16, 2025
Establishing Appealability Boundaries: Final Decision Requirement for Remand Denials, Partial Dismissals, and Arbitration Stays Introduction Profit v. Coleman, decided April 15, 2025 by the United...
United States v. Hall: Affirmative Defense Burden under the AKS Safe-Harbor and Joint Restitution for Health-Care Conspiracies

United States v. Hall: Affirmative Defense Burden under the AKS Safe-Harbor and Joint Restitution for Health-Care Conspiracies

Date: Apr 16, 2025
United States v. Hall: Affirmative Defense Burden under the AKS Safe-Harbor and Joint Restitution for Health-Care Conspiracies Introduction The Fifth Circuit’s decision in United States v. Hall, No....
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