5th Circuit Case Commentaries

Qualified Immunity Divides: Ordering Officer Can Face Liability for 30‑Hour “Hot‑Shower” Dry‑Cell; Subordinates Protected When Orders Are Not Facially Outrageous (Burkle v. Patrick, 5th Cir. 2025)

Date: Mar 29, 2025

Qualified Immunity Divides: Ordering Officer Can Face Liability for 30‑Hour “Hot‑Shower” Dry‑Cell; Subordinates Protected When Orders Are Not Facially Outrageous (Burkle v. Patrick, 5th Cir. 2025)...

NEPA’s Proximate-Effects Limit and the “No Incremental Impact” Safe Harbor: Fifth Circuit Clarifies Scope, Preservation, and Climate Analysis in Indigenous Peoples v. U.S. Army Corps of Engineers

Date: Mar 29, 2025

NEPA’s Proximate-Effects Limit and the “No Incremental Impact” Safe Harbor: Fifth Circuit Clarifies Scope, Preservation, and Climate Analysis in Indigenous Peoples v. U.S. Army Corps of Engineers...

Similarity for Rule 404(b) May Rest on a Ballistics Identity Link; Limits on Bias Cross Concerning State Charges; Defendant‑Caused Delays Narrow Barker Clock — United States v. Stuart (5th Cir. 2025)

Date: Mar 29, 2025

Similarity for Rule 404(b) May Rest on a Ballistics Identity Link; Limits on Bias Cross Concerning State Charges; Defendant‑Caused Delays Narrow Barker Clock — United States v. Stuart (5th Cir. 2025)...

No Actual Notice, No Discharge: Partial Assignment of a Louisiana Surface Lease Creates Privity Requiring Formal Bankruptcy Notice (Placid Oil v. Avalon Farms, 5th Cir. 2025)

Date: Mar 28, 2025

No Actual Notice, No Discharge: Partial Assignment of a Louisiana Surface Lease Creates Privity Requiring Formal Bankruptcy Notice Commentary on Placid Oil, L.L.C. v. Avalon Farms, Inc., No. 23-11120...

Reaffirming Hays’s “Fragmentation” Doctrine: The Fifth Circuit Lacks Jurisdiction to Review Intervention Denials Once the Supreme Court Has the Merits (Callais v. Landry)

Date: Mar 28, 2025

Reaffirming Hays’s “Fragmentation” Doctrine: The Fifth Circuit Lacks Jurisdiction to Review Intervention Denials Once the Supreme Court Has the Merits Introduction In Callais v. Landry, No. 24-30177...

Post-Lora Double Jeopardy: Fifth Circuit Bars Cumulative Convictions Under 18 U.S.C. § 924(j) and Its Predicate Offense (e.g., § 1201 Kidnapping Resulting in Death)

Date: Mar 28, 2025

Post-Lora Double Jeopardy: Fifth Circuit Bars Cumulative Convictions Under 18 U.S.C. § 924(j) and Its Predicate Offense (e.g., § 1201 Kidnapping Resulting in Death) Introduction In United States v....

Prerequisite, Not Precondition: The Fifth Circuit Clarifies MDLEA “Jurisdiction” and Plea Validity in United States v. Franco Posligua

Date: Mar 28, 2025

Prerequisite, Not Precondition: The Fifth Circuit Clarifies MDLEA “Jurisdiction” and Plea Validity in United States v. Franco Posligua Introduction This commentary examines the Fifth Circuit’s...

United States v. Schnur: Fifth Circuit confirms § 922(g)(1) constitutionally applies to felons with violent or theft predicates—even when the predicate offense did not involve a firearm

Date: Mar 27, 2025

United States v. Schnur: Fifth Circuit confirms § 922(g)(1) constitutionally applies to felons with violent or theft predicates—even when the predicate offense did not involve a firearm Introduction...

Refusal to Show ID as “Interference with Public Duties”: Fifth Circuit Affirms Qualified and Official Immunity in Martinez v. Harris County

Date: Mar 27, 2025

Refusal to Show ID as “Interference with Public Duties”: Fifth Circuit Affirms Qualified and Official Immunity in Martinez v. Harris County Introduction In Martinez v. Harris County, Texas, No....

No Penological Guesswork at Screening: Fifth Circuit Holds Punishment for Refusing a Religious Haircut Plausibly States a RLUIPA ‘Substantial Burden’ and First Amendment Claim

Date: Mar 26, 2025

No Penological Guesswork at Screening: Fifth Circuit Holds Punishment for Refusing a Religious Haircut Plausibly States a RLUIPA ‘Substantial Burden’ and First Amendment Claim Introduction In Johnson...

Residual-Loss Clauses in Lender‑Placed Policies Create Borrower Third‑Party Beneficiary Rights Under Louisiana Law; Consideration Not Required Under Civil Code art. 1978 — Williams v. Integon National Insurance (5th Cir. 2025)

Date: Mar 26, 2025

Residual-Loss Clauses in Lender‑Placed Policies Create Borrower Third‑Party Beneficiary Rights Under Louisiana Law; Consideration Not Required Under Civil Code art. 1978 Introduction In Williams v....

SIP Disapprovals Are Locally Applicable Actions; EPA Must Independently Assess State Good Neighbor SIPs But May Not Base Disapprovals on Post‑Submission Modeling Without a Reasoned Explanation

Date: Mar 26, 2025

SIP Disapprovals Are Locally Applicable Actions; EPA Must Independently Assess State Good Neighbor SIPs But May Not Base Disapprovals on Post‑Submission Modeling Without a Reasoned Explanation...

No Ultra Vires in Temporary BIA Reappointments: § 1103(g)(1) Authorizes Attorney General Reappointments; 8 C.F.R. § 1003.1(a)(4) Imposes No Cap on Renewals

Date: Mar 25, 2025

No Ultra Vires in Temporary BIA Reappointments: § 1103(g)(1) Authorizes Attorney General Reappointments; 8 C.F.R. § 1003.1(a)(4) Imposes No Cap on Renewals Case: Ayala Chapa v. Bondi, No. 21-60039...

Previous Next

5th Circuit Case Commentaries

Qualified Immunity Divides: Ordering Officer Can Face Liability for 30‑Hour “Hot‑Shower” Dry‑Cell; Subordinates Protected When Orders Are Not Facially Outrageous (Burkle v. Patrick, 5th Cir. 2025)

NEPA’s Proximate-Effects Limit and the “No Incremental Impact” Safe Harbor: Fifth Circuit Clarifies Scope, Preservation, and Climate Analysis in Indigenous Peoples v. U.S. Army Corps of Engineers

Similarity for Rule 404(b) May Rest on a Ballistics Identity Link; Limits on Bias Cross Concerning State Charges; Defendant‑Caused Delays Narrow Barker Clock — United States v. Stuart (5th Cir. 2025)

No Actual Notice, No Discharge: Partial Assignment of a Louisiana Surface Lease Creates Privity Requiring Formal Bankruptcy Notice (Placid Oil v. Avalon Farms, 5th Cir. 2025)

Reaffirming Hays’s “Fragmentation” Doctrine: The Fifth Circuit Lacks Jurisdiction to Review Intervention Denials Once the Supreme Court Has the Merits (Callais v. Landry)

Post-Lora Double Jeopardy: Fifth Circuit Bars Cumulative Convictions Under 18 U.S.C. § 924(j) and Its Predicate Offense (e.g., § 1201 Kidnapping Resulting in Death)

Prerequisite, Not Precondition: The Fifth Circuit Clarifies MDLEA “Jurisdiction” and Plea Validity in United States v. Franco Posligua

United States v. Schnur: Fifth Circuit confirms § 922(g)(1) constitutionally applies to felons with violent or theft predicates—even when the predicate offense did not involve a firearm

Refusal to Show ID as “Interference with Public Duties”: Fifth Circuit Affirms Qualified and Official Immunity in Martinez v. Harris County

No Penological Guesswork at Screening: Fifth Circuit Holds Punishment for Refusing a Religious Haircut Plausibly States a RLUIPA ‘Substantial Burden’ and First Amendment Claim

Residual-Loss Clauses in Lender‑Placed Policies Create Borrower Third‑Party Beneficiary Rights Under Louisiana Law; Consideration Not Required Under Civil Code art. 1978 — Williams v. Integon National Insurance (5th Cir. 2025)

SIP Disapprovals Are Locally Applicable Actions; EPA Must Independently Assess State Good Neighbor SIPs But May Not Base Disapprovals on Post‑Submission Modeling Without a Reasoned Explanation

No Ultra Vires in Temporary BIA Reappointments: § 1103(g)(1) Authorizes Attorney General Reappointments; 8 C.F.R. § 1003.1(a)(4) Imposes No Cap on Renewals

Repair-Cost Estimates Alone Are Insufficient to Defeat Summary Judgment under Texas’s Concurrent-Causation Doctrine

Judicial Clarification on Consecutive Revocation Sentencing: The Rosales Decision

Clarifying Appellate Limitations on Downward Departures under Amendment 821

Establishing Limits on Antitrust Conspiracy Claims: Petitioning Conduct and Refusal to Deal Under Scrutiny

Clarifying Tax Evasion: Affirmation of Willfulness Without a Fraud or Deceit Requirement

Establishing FLSA Enterprise Coverage Through the Handling Clause: A New Precedent

United States v. Lehew: Appeal Waivers and Implicit Indigency Analysis Under the JVTA Special Assessment