5th Circuit Case Commentaries

United States v. Hernandez: Categorical Disarmament of Violent Felons and the Continued Exclusion of Short-Barreled Shotguns from Second Amendment Protection

Date: Nov 23, 2025

United States v. Hernandez: Categorical Disarmament of Violent Felons and the Continued Exclusion of Short-Barreled Shotguns from Second Amendment Protection I. Introduction In United States v....

Webber v. Leson Chevrolet: Limits on Title VII Social‑Media Harassment, Wrongful Termination, and Louisiana Prescription

Date: Nov 21, 2025

Webber v. Leson Chevrolet: Limits on Title VII Social‑Media Harassment, Wrongful Termination, and Louisiana Prescription I. Introduction In Webber v. Leson Chevrolet Company, No. 24‑30637 (5th Cir....

Waiver of Exemption‑Objection Deadlines and the Effect of Rule 2003(e) Non‑Compliance: Commentary on Langston v. Dallas Commodity Co.

Date: Nov 20, 2025

Waiver of Exemption‑Objection Deadlines and Trustee Non‑Compliance with Rule 2003(e): A Detailed Commentary on Langston v. Dallas Commodity Co. (5th Cir. 2025) I. Introduction Langston v. Dallas...

Rooker–Feldman and State Guardianship Orders: Ross v. Stephens and the Jurisdictional Bar to Federal Civil-Rights Challenges

Date: Nov 20, 2025

Rooker–Feldman and State Guardianship Orders: Ross v. Stephens and the Jurisdictional Bar to Federal Civil-Rights Challenges I. Introduction In Ross v. Stephens, No. 25-50487 (5th Cir. Nov. 17, 2025)...

Royal Street Bistro v. Arrowhead Capital: Fifth Circuit Confirms Rule 8003 Attachment Defects Are Nonjurisdictional and Rarely Justify Dismissal

Date: Nov 20, 2025

Royal Street Bistro v. Arrowhead Capital: Fifth Circuit Confirms Rule 8003 Attachment Defects Are Nonjurisdictional and Rarely Justify Dismissal I. Introduction In Royal Street Bistro, L.L.C. v....

Sterling v. City of Jackson: Bodily-Integrity Liability for Toxic Municipal Water and the Fifth Circuit’s Formal Adoption of the State‑Created Danger Doctrine

Date: Nov 20, 2025

Sterling v. City of Jackson: Bodily-Integrity Liability for Toxic Municipal Water and the Fifth Circuit’s Formal Adoption of the State‑Created Danger Doctrine I. Introduction In Sterling v. City of...

Primary Industry Controls: Fifth Circuit Holds SBA May Reassign NAICS Codes and Apply Section 7(a) Size Rules to PPP Affiliation Waivers

Date: Nov 18, 2025

Primary Industry Controls: Fifth Circuit Holds SBA May Reassign NAICS Codes and Apply Section 7(a) Size Rules to PPP Affiliation Waivers Introduction This commentary analyzes the Fifth Circuit’s...

No Silent Summary Judgments: Fifth Circuit Vacates Hostile-Environment Disposition for Failure to Comply with Rule 56(a)’s Reason-Giving Requirement

Date: Nov 18, 2025

No Silent Summary Judgments: Fifth Circuit Vacates Hostile-Environment Disposition for Failure to Comply with Rule 56(a)’s Reason-Giving Requirement Introduction In Smith v. United Parcel Service,...

Bonner Cements Fifth Circuit Foreclosure of Standard § 922(g)(1) Challenges; Concurrence Flags Commerce Clause and Bruen Methodology Fault Lines

Date: Nov 18, 2025

Bonner Cements Fifth Circuit Foreclosure of Standard § 922(g)(1) Challenges; Concurrence Flags Commerce Clause and Bruen Methodology Fault Lines Introduction In United States v. Bonner, No. 24-60601...

Illegal Street-Drug Overdose as a Superseding Cause in Maritime Wrongful-Death Claims: The Fifth Circuit’s New Rule in Bommarito v. Belle Chasse Marine Transportation

Date: Nov 16, 2025

Illegal Street-Drug Overdose as a Superseding Cause in Maritime Wrongful-Death Claims: The Fifth Circuit’s New Rule in Bommarito v. Belle Chasse Marine Transportation Introduction In Bommarito v....

“Heirs and Assigns Forever” Are Words of Limitation in Texas Land Patents: Pleading a Trespass-to-Try-Title Claim Requires a Plausible Chain of Title

Date: Nov 16, 2025

“Heirs and Assigns Forever” Are Words of Limitation in Texas Land Patents: Pleading a Trespass-to-Try-Title Claim Requires a Plausible Chain of Title Introduction In Brown v. Carrington, No. 25-40099...

Post-Confirmation Jurisdiction Ends at the Plan’s Edge: Fifth Circuit Limits “Related-To” Jurisdiction and Rejects Plan-Based Recasting of Post-Confirmation Deals as Executory Contracts

Date: Nov 16, 2025

Post-Confirmation Jurisdiction Ends at the Plan’s Edge: Fifth Circuit Limits “Related-To” Jurisdiction and Rejects Plan-Based Recasting of Post-Confirmation Deals as Executory Contracts Introduction...

Fifth Circuit: Buyers of Chattel Paper Are Exempt from Louisiana UCC § 9-210 Accounting Requests, and Pro Se Litigants Risk Sanctions for Fabricated Citations

Date: Nov 16, 2025

Fifth Circuit: Buyers of Chattel Paper Are Exempt from Louisiana UCC § 9-210 Accounting Requests, and Pro Se Litigants Risk Sanctions for Fabricated Citations Introduction In Miller v. Stuart, No....

Thomas v. Parker: Fifth Circuit reaffirms that the trial record controls, summary‑judgment concessions are not judicial admissions, and pro se litigants must make offers of proof

Date: Nov 16, 2025

Thomas v. Parker: Fifth Circuit reaffirms that the trial record controls, summary‑judgment concessions are not judicial admissions, and pro se litigants must make offers of proof Court: U.S. Court of...

Bonner and the Fifth Circuit’s Across-the-Board Foreclosure of § 922(g)(1) Challenges—With a Concurrence Urging Reexamination of Commerce Clause and Bruen Methodology

Date: Nov 16, 2025

Bonner and the Fifth Circuit’s Across-the-Board Foreclosure of § 922(g)(1) Challenges—With a Concurrence Urging Reexamination of Commerce Clause and Bruen Methodology Case: United States v. Bonner,...

Restitution Under § 1593 Extends to Parents’ Own Proximate Losses; “Relevant Losses” Include Non‑Medical Safety Expenses — United States v. Limon (5th Cir. 2025)

Date: Nov 16, 2025

Restitution Under § 1593 Extends to Parents’ Own Proximate Losses; “Relevant Losses” Include Non‑Medical Safety Expenses — United States v. Limon (5th Cir. 2025) Introduction This Fifth Circuit...

Guardians Are “Victims” Under the TVPA: Fifth Circuit Allows Restitution for Guardians’ Own Proximately Caused Losses and Confirms Non‑Medical Coping Costs Are Compensable — United States v. Limon

Date: Nov 16, 2025

Guardians Are “Victims” Under the TVPA: Fifth Circuit Allows Restitution for Guardians’ Own Proximately Caused Losses and Confirms Non‑Medical Coping Costs Are Compensable Commentary on United States...

No Express Post-Termination Clause, No Renewal Commissions: Fifth Circuit Clarifies Maryland Law on Captive Agents’ Rights in Sims Agency v. GEICO

Date: Nov 16, 2025

No Express Post-Termination Clause, No Renewal Commissions: Fifth Circuit Clarifies Maryland Law on Captive Agents’ Rights in Sims Agency v. GEICO Introduction In Sims Agency, L.L.C. v. Government...

Cross‑Docket Pre‑Filing Injunctions and the Limits of “Seizure‑by‑Process”: Commentary on Ferrara v. Travis County

Date: Nov 15, 2025

Cross‑Docket Pre‑Filing Injunctions and the Limits of “Seizure‑by‑Process”: Commentary on Ferrara v. Travis County Introduction In Ferrara v. Travis County, the Fifth Circuit (summary calendar, per...

Prewitt v. McDaniel: No Jury/Venue Rights for Petty Traffic Offenses and Objective, Fact-Based Recusal Only

Date: Nov 15, 2025

Prewitt v. McDaniel: No Jury/Venue Rights for Petty Traffic Offenses and Objective, Fact-Based Recusal Only Court: United States Court of Appeals for the Fifth Circuit Date: November 11, 2025 Docket...