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  • Commentaries
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5th Circuit Case Commentaries

Qualified Immunity Does Not Raise the Pleading Bar: The Fifth Circuit Rejects a “Citation Requirement” and Holds an Unprovoked Shove of a Non-Resisting Suspect States a Clearly Established Excessive-Force Claim

Qualified Immunity Does Not Raise the Pleading Bar: The Fifth Circuit Rejects a “Citation Requirement” and Holds an Unprovoked Shove of a Non-Resisting Suspect States a Clearly Established Excessive-Force Claim

Date: Apr 5, 2025
Qualified Immunity Does Not Raise the Pleading Bar: The Fifth Circuit Rejects a “Citation Requirement” and Holds an Unprovoked Shove of a Non-Resisting Suspect States a Clearly Established...
Davis v. CenturyLink: Strict Opt-Out Formalities, Class-Action Preclusion, and No Automatic Vacatur After § 455 Recusal

Davis v. CenturyLink: Strict Opt-Out Formalities, Class-Action Preclusion, and No Automatic Vacatur After § 455 Recusal

Date: Apr 5, 2025
Strict Opt-Out Formalities, Class-Action Preclusion, and No Automatic Vacatur After § 455 Recusal: A Commentary on Davis v. CenturyLink (5th Cir. Apr. 4, 2025) Note: The Fifth Circuit designated the...
Pre‑Enforcement Standing for Judicial‑Ethics Challenges and Certification of Canon 4A(1)’s Scope: The Fifth Circuit’s Decision in Umphress v. Hall

Pre‑Enforcement Standing for Judicial‑Ethics Challenges and Certification of Canon 4A(1)’s Scope: The Fifth Circuit’s Decision in Umphress v. Hall

Date: Apr 5, 2025
Pre‑Enforcement Standing for Judicial‑Ethics Challenges and Certification of Canon 4A(1)’s Scope: The Fifth Circuit’s Decision in Umphress v. Hall Introduction In Umphress v. Hall, the United States...
Selective State Remands Still Count as Merits Adjudications Under AEDPA—and Off‑Bench Misconduct Alone Does Not Prove Judicial Bias (Jimenez v. Guerrero, 5th Cir. 2025)

Selective State Remands Still Count as Merits Adjudications Under AEDPA—and Off‑Bench Misconduct Alone Does Not Prove Judicial Bias (Jimenez v. Guerrero, 5th Cir. 2025)

Date: Apr 5, 2025
Selective State Remands Still Count as Merits Adjudications Under AEDPA—and Off‑Bench Misconduct Alone Does Not Prove Judicial Bias Commentary on Jimenez v. Guerrero, No. 23-50223 (5th Cir. Apr. 4,...
Post-Response Travel Is Not “Responding”: Fifth Circuit Narrows TTCA Emergency and 9‑1‑1 Exceptions and Clarifies 12(b)(6) Evidence Boundaries in Payne v. City of Houston

Post-Response Travel Is Not “Responding”: Fifth Circuit Narrows TTCA Emergency and 9‑1‑1 Exceptions and Clarifies 12(b)(6) Evidence Boundaries in Payne v. City of Houston

Date: Apr 4, 2025
Post-Response Travel Is Not “Responding”: Fifth Circuit Narrows TTCA Emergency and 9‑1‑1 Exceptions and Clarifies 12(b)(6) Evidence Boundaries in Payne v. City of Houston Introduction In Payne v....
No Final District Court Order, No Bankruptcy Appeal; Insureds Must Segregate Covered From Non‑Covered Storm Losses and Prove Comparable Materials to Recover RCV

No Final District Court Order, No Bankruptcy Appeal; Insureds Must Segregate Covered From Non‑Covered Storm Losses and Prove Comparable Materials to Recover RCV

Date: Apr 4, 2025
No Final District Court Order, No Bankruptcy Appeal; Insureds Must Segregate Covered From Non‑Covered Storm Losses and Prove Comparable Materials to Recover RCV Introduction In New York Inn v....
No Sifting Through Databases: Fifth Circuit Demands Particularized Identification and Proof of “Commercial Use” in Texas Trade Secret Cases

No Sifting Through Databases: Fifth Circuit Demands Particularized Identification and Proof of “Commercial Use” in Texas Trade Secret Cases

Date: Apr 4, 2025
No Sifting Through Databases: Fifth Circuit Demands Particularized Identification and Proof of “Commercial Use” in Texas Trade Secret Cases Introduction In DeWolff, Boberg & Associates Inc. v....
No MTCA Immunity for Malicious Interference with Employment: Fifth Circuit Aligns with Mississippi Supreme Court and Disavows Kilpatrick

No MTCA Immunity for Malicious Interference with Employment: Fifth Circuit Aligns with Mississippi Supreme Court and Disavows Kilpatrick

Date: Apr 4, 2025
No MTCA Immunity for Malicious Interference with Employment: Fifth Circuit Aligns with Mississippi Supreme Court and Disavows Kilpatrick Introduction In Branson v. Harris (5th Cir. Apr. 3, 2025), the...
Correctional Status as a Disarming Condition: The Fifth Circuit Confirms State Probation Forecloses § 922(g)(1) As‑Applied Second Amendment Challenges

Correctional Status as a Disarming Condition: The Fifth Circuit Confirms State Probation Forecloses § 922(g)(1) As‑Applied Second Amendment Challenges

Date: Apr 3, 2025
Correctional Status as a Disarming Condition: The Fifth Circuit Confirms State Probation Forecloses § 922(g)(1) As‑Applied Second Amendment Challenges Introduction In United States v. Zinnerman, No....
Proof-of-Claim Nexus Authorizes Bankruptcy Courts’ Final Adjudication of State-Law Claims; Clerical Filing Errors Do Not Defeat § 1334(b) Jurisdiction; Rule 37 Default Sanctions Upheld

Proof-of-Claim Nexus Authorizes Bankruptcy Courts’ Final Adjudication of State-Law Claims; Clerical Filing Errors Do Not Defeat § 1334(b) Jurisdiction; Rule 37 Default Sanctions Upheld

Date: Apr 3, 2025
Proof-of-Claim Nexus Authorizes Bankruptcy Courts’ Final Adjudication of State-Law Claims; Clerical Filing Errors Do Not Defeat § 1334(b) Jurisdiction; Rule 37 Default Sanctions Upheld Introduction...
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

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)

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

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

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

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

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)

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

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

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

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,...
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