5th Circuit Case Commentaries

BIA May Screen New Evidence for Reliability Without Impermissible Factfinding in CAT Remand Motions

Date: Oct 23, 2026

BIA May Screen New Evidence for Reliability Without Impermissible Factfinding in CAT Remand Motions Zahid v. Blanche — United States Court of Appeals for the Fifth Circuit, October 20, 2026; Nos....

CFIUS Review Does Not Impliedly Preempt Texas’s Restrictions on Foreign Access to Critical Infrastructure

Date: Oct 19, 2026

CFIUS Review Does Not Impliedly Preempt Texas’s Restrictions on Foreign Access to Critical Infrastructure Case: GH America v. Fohn, No. 25-50879 Court: United States Court of Appeals for the Fifth...

Joint Expert Reports Must Identify the Designated Expert’s Own Opinions and Analysis

Date: Oct 19, 2026

Joint Expert Reports Must Identify the Designated Expert’s Own Opinions and Analysis Case: Cain v. State Farm, No. 25-60442 Court: United States Court of Appeals for the Fifth Circuit Decision:...

Pervasive Trial Misconduct Can Require a New Trial Without a Prior Mistrial Motion

Date: Oct 18, 2026

Pervasive Trial Misconduct Can Require a New Trial Without a Prior Mistrial Motion Case: Banner v. Wright Court: United States Court of Appeals for the Fifth Circuit Decision: October 16, 2026...

Securities Class Certification Requires Weighing Market-Inefficiency Evidence Beyond the Cammer/Krogman Factors

Date: Oct 18, 2026

Securities Class Certification Requires Weighing Market-Inefficiency Evidence Beyond the Cammer/Krogman Factors Case: Bozorgi v. Cassava Sciences Court: United States Court of Appeals for the Fifth...

Systematic Seafood Mislabeling Can Establish Article III Injury Without Exact Substitution Rates

Date: Oct 18, 2026

Systematic Seafood Mislabeling Can Establish Article III Injury Without Exact Substitution Rates Case: McCain v. Mary Mahoney's Court: United States Court of Appeals for the Fifth Circuit Date:...

Specific Congressional Authorization Is Required for an FCC-Created Universal Service Corporation

Date: Oct 17, 2026

Specific Congressional Authorization Is Required for an FCC-Created Universal Service Corporation Case: Consumers' Research v. FCC Court: United States Court of Appeals for the Fifth Circuit Decision...

Co-Resident Consent and an Imminent Knife Threat: Upholding Warrantless Entry and Deadly Force

Date: Oct 17, 2026

Co-Resident Consent and an Imminent Knife Threat: Upholding Warrantless Entry and Deadly Force Case: Martinez v. Hidalgo County Court: United States Court of Appeals for the Fifth Circuit Date:...

Maritime Brokerage Recoveries in Bankruptcy: No Unwritten Continuing-Service Condition on Remittance to Vessel Owners

Date: Oct 17, 2026

Maritime Brokerage Recoveries in Bankruptcy: No Unwritten Continuing-Service Condition on Remittance to Vessel Owners Case: Seacor Marine v. GOL, No. 26-30021 Court: United States Court of Appeals...

Pervasive Health Care Fraud: Burden-Shifting Requires Proof of Legitimate Claims, Not Merely Patient Treatment

Date: Oct 15, 2026

Pervasive Health Care Fraud: Burden-Shifting Requires Proof of Legitimate Claims, Not Merely Patient Treatment Case: United States v. Tekippe Court: United States Court of Appeals for the Fifth...

Oral Pronouncement by Adoption: Discretionary Supervised-Release Conditions May Be Upheld Without an Express On-the-Record Confirmation of Defendant’s Review When the Record Reasonably Shows Notice and Understanding

Date: Sep 22, 2026

Oral Pronouncement by Adoption: Discretionary Supervised-Release Conditions May Be Upheld Without an Express On-the-Record Confirmation of Defendant’s Review When the Record Reasonably Shows Notice...

Fifth Circuit Clarifies De Novo Sufficiency Review for Inherent-Power Bad-Faith Sanctions in Bankruptcy and Reaffirms “But-For” Fee Causation

Date: Sep 22, 2026

Fifth Circuit Clarifies De Novo Sufficiency Review for Inherent-Power Bad-Faith Sanctions in Bankruptcy and Reaffirms “But-For” Fee Causation I. Introduction NexPoint Real Estate Partners, L.L.C....

Crawford v. West Texas A&M University: Paid Administrative Leave Plus Disciplinary Investigation May Be Materially Adverse Under Burlington; Independent Investigation Can Break Retaliation Causation

Date: Sep 22, 2026

Paid Administrative Leave Plus Disciplinary Investigation May Be Materially Adverse Under Burlington; Independent Investigation Can Break Retaliation Causation I. Introduction Crawford v. West Texas...

Policy Amendments Do Not Moot Similar Speech Restrictions; Plaintiffs Clearly Covered by a Curfew Lack Vagueness Standing but May Pursue Facial Overbreadth and Pre‑Enforcement “Chilling” Challenges

Date: Sep 22, 2026

Policy Amendments Do Not Moot Similar Speech Restrictions; Plaintiffs Clearly Covered by a Curfew Lack Vagueness Standing but May Pursue Facial Overbreadth and Pre‑Enforcement “Chilling” Challenges...

Interstate Handgun Purchase Bans Are Presumptively Unconstitutional Under Bruen and Fail Without Founding-Era Analogues

Date: Sep 22, 2026

Interstate Handgun Purchase Bans Are Presumptively Unconstitutional Under Bruen and Fail Without Founding-Era Analogues 1. Introduction In Elite Precision v. ATF (5th Cir. Sept. 18, 2026), the Fifth...

Enforcing Appeal Waivers After Hunter I: Ordinary Guidelines Disputes (Including Career-Offender Classification) Are Not “Miscarriages of Justice”

Date: Sep 22, 2026

Enforcing Appeal Waivers After Hunter I: Ordinary Guidelines Disputes (Including Career-Offender Classification) Are Not “Miscarriages of Justice” I. Introduction United States v. Chaney (5th Cir....

Pullman Abstention Is Unavailable When a Federal Equal-Protection Claim Does Not Turn on Disputed State-Law Meaning

Date: Sep 19, 2026

Pullman Abstention Is Unavailable When a Federal Equal-Protection Claim Does Not Turn on Disputed State-Law Meaning I. Introduction Harward v. City of Austin (5th Cir. Sept. 15, 2026) is a second...

COA Denied When Habeas Theories Are Raised Too Late: Reply-Brief and R&R-Objection Arguments Do Not Create Debatable Issues Without Challenging the Procedural Ruling

Date: Sep 19, 2026

COA Denied When Habeas Theories Are Raised Too Late: Reply-Brief and R&R-Objection Arguments Do Not Create Debatable Issues Without Challenging the Procedural Ruling I. Introduction Ramirez v....

TSCA “Conditions of Use” Rule: No “Whole-Chemical” Risk Determinations and Mandatory Consideration of Real-World PPE in MC Regulation

Date: Sep 18, 2026

TSCA “Conditions of Use” Rule: No “Whole-Chemical” Risk Determinations and Mandatory Consideration of Real-World PPE in MC Regulation I. Introduction East Fork Enterprises v. EPA (5th Cir. Sept. 15,...

TSCA “Conditions of Use” Require Use-by-Use Risk Determinations and Real-World PPE Assumptions; Precautionary “Whole-Chemical” Bans Demand Substantial Evidence

Date: Sep 18, 2026

TSCA “Conditions of Use” Require Use-by-Use Risk Determinations and Real-World PPE Assumptions; Precautionary “Whole-Chemical” Bans Demand Substantial Evidence East Fork Enterprises v. EPA (5th Cir....