5th Circuit Case Commentaries

Interlocutory Review and Ex parte Young “Enforcement” in Texas Election-Law Challenges

Date: Jan 5, 2026

Partial Sovereign-Immunity Denials Are Immediately Appealable; Ex parte Young Turns on Concrete “Enforcement” Functions (Not Mere Referrals or General Oversight) Case: La Union del Pueblo Entero; et...

Stay-and-Deferral Orders Pending Heck/Conviction Status Are Not Immediately Appealable Under § 1291 or the Collateral-Order Doctrine

Date: Jan 2, 2026

Stay-and-Deferral Orders Pending Heck/Conviction Status Are Not Immediately Appealable Under § 1291 or the Collateral-Order Doctrine I. Introduction In Jew v. Dobbins (5th Cir. Dec. 30, 2025) (per...

Davis v. Ogbebar: Preservation Rules Bar Post‑Verdict Sufficiency Review and Require Adequate Briefing of Jury‑Instruction Error

Date: Jan 2, 2026

Davis v. Ogbebar: Preservation Rules Bar Post‑Verdict Sufficiency Review and Require Adequate Briefing of Jury‑Instruction Error 1. Introduction In Davis v. Ogbebar (5th Cir. Dec. 30, 2025) (per...

Ramirez v. Granado: Disputed Threat Perception Bars Qualified Immunity for Deadly Force Against a Fleeing Suspect

Date: Jan 2, 2026

Ramirez v. Granado: Disputed Threat Perception Bars Qualified Immunity for Deadly Force Against a Fleeing Suspect Court: United States Court of Appeals for the Fifth Circuit Date: December 30, 2025...

FTCA Administrative “Relation Back” Requires the Same Chain of Events; Continuous-Treatment Tolling Remains Unadopted in the Fifth Circuit

Date: Jan 2, 2026

FTCA Administrative “Relation Back” Requires the Same Chain of Events; Continuous-Treatment Tolling Remains Unadopted in the Fifth Circuit Introduction In Levias v. United States (5th Cir. Dec. 30,...

Reasoned-Consideration Requirement for VAWA-Based Motions to Reopen Despite Adverse Credibility Findings

Date: Jan 2, 2026

Reasoned-Consideration Requirement for VAWA-Based Motions to Reopen Despite Adverse Credibility Findings 1. Introduction In Marciano v. Bondi (5th Cir. Dec. 30, 2025) (per curiam) (unpublished),...

Macias v. Perry: Reaffirming the “Extremely High” Bar for Pretrial Detainee Mental‑Health Deliberate‑Indifference Claims at the Pleading Stage

Date: Dec 28, 2025

Macias v. Perry: Reaffirming the “Extremely High” Bar for Pretrial Detainee Mental‑Health Deliberate‑Indifference Claims at the Pleading Stage I. Introduction In Macias v. Perry, No. 25‑40028 (5th...

Campuzano v. Bondi: Safe-Harbor Authentication of Electronic Conviction Records and Categorical “Crime of Child Abuse” for Texas Indecency with a Child by Contact

Date: Dec 28, 2025

Campuzano v. Bondi: Safe-Harbor Authentication of Electronic Conviction Records and Categorical “Crime of Child Abuse” for Texas Indecency with a Child by Contact 1. Introduction In Campuzano v....

Behavioral Regression, ESY Services, and Holistic FAPE: The Fifth Circuit’s Guidance in North East ISD v. I.M.

Date: Dec 28, 2025

Behavioral Regression, ESY Services, and Holistic FAPE: The Fifth Circuit’s Guidance in North East ISD v. I.M. I. Introduction The Fifth Circuit’s decision in North East Independent School District...

United States v. Roberts: Tightening Rule 1006 Summary Evidence and Clarifying the Line Between Concealment and Promotional Money Laundering

Date: Dec 28, 2025

United States v. Roberts: Tightening Rule 1006 Summary Evidence and Clarifying the Line Between Concealment and Promotional Money Laundering I. Introduction This consolidated Fifth Circuit decision,...

United States v. McGuire: Tightening Rule 1006 Summary Evidence and Drawing a Sharp Line Between Promotion and Concealment Money Laundering

Date: Dec 28, 2025

United States v. McGuire: Tightening Rule 1006 Summary Evidence and Drawing a Sharp Line Between Promotion and Concealment Money Laundering I. Introduction United States v. McGuire is a significant...

Dean v. Phatak and the Fifth Circuit’s Clarification of Fabrication Claims and Appellate Power in Qualified Immunity Appeals

Date: Dec 28, 2025

Dean v. Phatak and the Fifth Circuit’s Clarification of Fabrication Claims and Appellate Power in Qualified Immunity Appeals I. Introduction The Fifth Circuit’s opinion in Dean v. Phatak, No....

Suicide‑Prevention Cells and Pretrial Detainee Rights: The Fifth Circuit’s Deferential Standard in Alexander v. Taft

Date: Dec 28, 2025

Suicide‑Prevention Cells and Pretrial Detainee Rights: The Fifth Circuit’s Deferential Standard in Alexander v. Taft I. Introduction Alexander v. Taft, No. 24‑10663 (5th Cir. Dec. 23, 2025), is a...

Alvarez v. Guerrero: Limiting “Sleeping Lawyer” Habeas Relief Under AEDPA When Co‑Counsel Is Active

Date: Dec 28, 2025

Alvarez v. Guerrero: Limiting “Sleeping Lawyer” Habeas Relief Under AEDPA When Co‑Counsel Is Active I. Introduction In Alvarez v. Guerrero, No. 18‑70001 (5th Cir. Dec. 23, 2025), the Fifth Circuit...

Faulk v. Owens Corning: Fifth Circuit Clarifies Limits on Title VII Protected Activity and Comparator Evidence

Date: Dec 22, 2025

Faulk v. Owens Corning: Fifth Circuit Clarifies Limits on Title VII Protected Activity and Comparator Evidence 1. Introduction In Faulk v. Owens Corning Roofing and Asphalt, L.L.C., No. 25‑10356 (5th...

Moral Victories Are Not Merits Victories: The Fifth Circuit Narrows ERISA Fee Awards in Cloud v. NFL Player Retirement Plan

Date: Dec 22, 2025

Moral Victories Are Not Merits Victories: The Fifth Circuit Narrows ERISA Fee Awards in Cloud v. NFL Player Retirement Plan I. Introduction The Fifth Circuit’s decision in Cloud v. Bert Bell/Pete...

Equitable ERISA Surcharge Claims and Arbitration Carve‑Outs: A Commentary on Aramark Services v. Aetna Life Insurance Co.

Date: Dec 21, 2025

Equitable ERISA Surcharge Claims and Arbitration Carve‑Outs: A Commentary on Aramark Services v. Aetna Life Insurance Co. I. Introduction The Fifth Circuit’s decision in Aramark Services v. Aetna...

United States v. Sanchez‑Zurita: Enforceability of Informal Email-Based Sentencing Promises in Open Pleas

Date: Dec 20, 2025

United States v. Sanchez‑Zurita: Enforceability of Informal Email-Based Sentencing Promises in Open Pleas I. Introduction In United States v. Sanchez‑Zurita, No. 24‑60602 (5th Cir. Dec. 17, 2025),...

Disarming Debtors, Not Thieves: The Fifth Circuit Limits Lifetime Firearm Bans for Repaid Child‑Support Felonies – Commentary on United States v. Cockerham

Date: Dec 20, 2025

Disarming Debtors, Not Thieves: The Fifth Circuit Limits Lifetime Firearm Bans for Repaid Child‑Support Felonies – Commentary on United States v. Cockerham I. Introduction In United States v....

Heck, De Novo Appeals, and “Outstanding Convictions”: Commentary on Kleinman v. City of Cedar Park

Date: Dec 20, 2025

Heck, De Novo Appeals, and “Outstanding Convictions”: Commentary on Kleinman v. City of Cedar Park I. Introduction In Kleinman v. City of Cedar Park, No. 25‑50260 (5th Cir. Dec. 19, 2025), the United...