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  • Commentaries
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5th Circuit Case Commentaries

Preserving Acceptance of Responsibility Credit When Exercising Suppression Rights

Preserving Acceptance of Responsibility Credit When Exercising Suppression Rights

Date: Apr 15, 2025
Preserving Acceptance of Responsibility Credit When Exercising Suppression Rights Introduction In United States v. Nunez, No. 22-50012 (5th Cir. Apr. 14, 2025), the Fifth Circuit addressed whether a...
Appraisal Provision Prevails Over Time-of-Loss Valuation and Triggers Bad Faith Penalties

Appraisal Provision Prevails Over Time-of-Loss Valuation and Triggers Bad Faith Penalties

Date: Apr 15, 2025
Appraisal Provision Prevails Over Time-of-Loss Valuation and Triggers Bad Faith Penalties Introduction This case commentary examines the Fifth Circuit’s per curiam decision in First Assembly of God...
Judicial Determination of Duty as a Question of Law and LPRA Fee Entitlement in Gomez v. Galman

Judicial Determination of Duty as a Question of Law and LPRA Fee Entitlement in Gomez v. Galman

Date: Apr 15, 2025
Judicial Determination of Duty as a Question of Law and LPRA Fee Entitlement in Gomez v. Galman Introduction Gomez v. Galman (5th Cir. 2025) arises from a violent confrontation on July 24, 2018, when...
Implied “Time Is of the Essence” and Waiver of Material Breach by Continued Performance in UCC Article 2 Contracts

Implied “Time Is of the Essence” and Waiver of Material Breach by Continued Performance in UCC Article 2 Contracts

Date: Apr 15, 2025
Implied “Time Is of the Essence” and Waiver of Material Breach by Continued Performance in UCC Article 2 Contracts Introduction This commentary examines UniWell Laboratories L.L.C. v. Frain...
Ambiguous Policy Provisions and the Duty‐to‐Read Doctrine: Protecting Insureds from Improper Removal

Ambiguous Policy Provisions and the Duty‐to‐Read Doctrine: Protecting Insureds from Improper Removal

Date: Apr 12, 2025
Ambiguous Policy Provisions and the Duty-to-Read Doctrine: Protecting Insureds from Improper Removal Introduction Wilson v. Kemper Corporate Services, No. 24-60090 (5th Cir. Apr. 11, 2025), presents...
Threshold of “Substantial Harm” in Eighth Amendment Sleep Apnea Delay Claims

Threshold of “Substantial Harm” in Eighth Amendment Sleep Apnea Delay Claims

Date: Apr 12, 2025
Threshold of “Substantial Harm” in Eighth Amendment Sleep Apnea Delay Claims Introduction In Lavergne v. Lavespere, No. 24-30317 (5th Cir. Apr. 11, 2025), the Fifth Circuit addressed a pro se 42...
Jury Determination Required for Separate-Occasions Predicate Offenses Under ACCA

Jury Determination Required for Separate-Occasions Predicate Offenses Under ACCA

Date: Apr 11, 2025
Jury Determination Required for Separate-Occasions Predicate Offenses Under ACCA Introduction United States v. Kerstetter is a Fifth Circuit decision issued on April 10, 2025, on remand from the...
Joint Employers and Occasional Safety-Affecting Duties Satisfy the MCA Exemption Under the FLSA

Joint Employers and Occasional Safety-Affecting Duties Satisfy the MCA Exemption Under the FLSA

Date: Apr 11, 2025
Joint Employers and Occasional Safety-Affecting Duties Satisfy the MCA Exemption Under the FLSA Introduction Rosendo Joseph Rosales, III and Leo C. Butler, Jr. (“Plaintiffs–Appellants”) sued...
Parallel State Adoption of Federal Law Does Not Trigger Obstacles-and-Purposes Preemption

Parallel State Adoption of Federal Law Does Not Trigger Obstacles-and-Purposes Preemption

Date: Apr 11, 2025
Parallel State Adoption of Federal Law Does Not Trigger Obstacles-and-Purposes Preemption Introduction In Zyla Life Sciences, L.L.C. v. Wells Pharma of Houston, L.L.C., 23-20533 (5th Cir. Apr. 10,...
Receiver-Managed Utility Rates Not a “Federal Assistance Program” Under the Food and Nutrition Act

Receiver-Managed Utility Rates Not a “Federal Assistance Program” Under the Food and Nutrition Act

Date: Apr 11, 2025
Receiver-Managed Utility Rates Not a “Federal Assistance Program” Under the Food and Nutrition Act Introduction In State of Mississippi v. JXN Water (5th Cir. Apr. 10, 2025), the Fifth Circuit...
Inclusive Louisiana v. St. James Parish: Clarifying Limitations and Standing in Civil-Rights Land Use Challenges

Inclusive Louisiana v. St. James Parish: Clarifying Limitations and Standing in Civil-Rights Land Use Challenges

Date: Apr 10, 2025
Inclusive Louisiana v. St. James Parish: Clarifying Limitations and Standing in Civil-Rights Land Use Challenges Introduction Inclusive Louisiana, Mount Triumph Baptist Church, and RISE St. James...
Recognizing Anxiety as a Disability and the Employer’s Interactive‐Process Duty: Way v. City of Missouri City

Recognizing Anxiety as a Disability and the Employer’s Interactive‐Process Duty: Way v. City of Missouri City

Date: Apr 10, 2025
Recognizing Anxiety as a Disability and the Employer’s Interactive‐Process Duty Introduction Way v. City of Missouri City, No. 24-20144 (5th Cir. Apr. 9, 2025) addresses the interplay of three major...
Affirming Standing for First Amendment Challenges to Texas Firearm-Exclusion Signage Requirements

Affirming Standing for First Amendment Challenges to Texas Firearm-Exclusion Signage Requirements

Date: Apr 10, 2025
Affirming Standing for First Amendment Challenges to Texas Firearm-Exclusion Signage Requirements Introduction The Fifth Circuit’s decision in Bay Area Unitarian Universalist Church v. Ogg (No....
Qualified Immunity Shields Probable-Cause Supported Retaliatory Arrests

Qualified Immunity Shields Probable-Cause Supported Retaliatory Arrests

Date: Apr 9, 2025
Qualified Immunity Shields Probable-Cause Supported Retaliatory Arrests Introduction Villarreal v. City of Laredo arises from Priscilla Villarreal’s lawsuit under 42 U.S.C. § 1983, alleging that...
Wingfield v. Garner: Sovereign Immunity Bars Official-Capacity Damages and Intent Requirement for ADA and Eighth Amendment Claims

Wingfield v. Garner: Sovereign Immunity Bars Official-Capacity Damages and Intent Requirement for ADA and Eighth Amendment Claims

Date: Apr 9, 2025
Wingfield v. Garner: Sovereign Immunity Bars Official-Capacity Damages and Intent Requirement for ADA and Eighth Amendment Claims Introduction The case of Wingfield v. Garner arose from a pro se...
Affirmation of Jury Deference in Title IX and Title VII Retaliation: Causation in Position Eliminations (Lewis v. LSU)

Affirmation of Jury Deference in Title IX and Title VII Retaliation: Causation in Position Eliminations (Lewis v. LSU)

Date: Apr 9, 2025
Affirmation of Jury Deference in Title IX and Title VII Retaliation: Causation in Position Eliminations (Lewis v. LSU) Introduction In Lewis v. Board of Supervisors of Louisiana State University...
Mandating Individualized Qualified Immunity Analysis in §1983 Actions – Sanders v. Gibson

Mandating Individualized Qualified Immunity Analysis in §1983 Actions – Sanders v. Gibson

Date: Apr 8, 2025
Mandating Individualized Qualified Immunity Analysis in §1983 Actions – Sanders v. Gibson 1. Introduction This commentary examines Sanders v. Gibson, a Fifth Circuit decision clarifying how district...
Manifest Necessity and Retrial After Inadvertent Government Discovery Failures

Manifest Necessity and Retrial After Inadvertent Government Discovery Failures

Date: Apr 8, 2025
Manifest Necessity and Retrial After Inadvertent Government Discovery Failures Introduction This case—United States v. Breimeister, No. 23-20326 (5th Cir. Apr. 7, 2025)—addresses the question whether...
Invalidation of Overbroad Prior Restraints and Impermissible Compelled Disclaimers under the First Amendment

Invalidation of Overbroad Prior Restraints and Impermissible Compelled Disclaimers under the First Amendment

Date: Apr 8, 2025
Invalidation of Overbroad Prior Restraints and Impermissible Compelled Disclaimers under the First Amendment Introduction Phi Theta Kappa Honor Society (“PTK”), a century-old academic honor society...
Privity Through Entity Structures: Extending Res Judicata to LLC Members and Trade Association Affiliates

Privity Through Entity Structures: Extending Res Judicata to LLC Members and Trade Association Affiliates

Date: Apr 8, 2025
Privity Through Entity Structures: Extending Res Judicata to LLC Members and Trade Association Affiliates Introduction This case arises from a challenge by 9000 Airport L.L.C. (“9000 Airport”) to the...
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