Predicate-Conviction-Specific Bruen Analysis: Fifth Circuit Remands § 922(g)(1) As-Applied Challenge in United States v. Smith Court: United States Court of Appeals for the Fifth Circuit Date:...
Belief vs. Practice: Fifth Circuit Clarifies Title VII Religion Claims, Tightens RLA Access, and Polices Injunctions and Civil Contempt Introduction Carter v. Local 556 (5th Cir. 2025) arises from...
Carter v. Southwest Airlines: The Fifth Circuit Draws a Bright Line Between Belief- and Practice-Based Title VII Claims, Clarifies Union Liability for “Attempting to Cause” Discrimination, Narrows...
Belief vs. Practice: Fifth Circuit Clarifies Title VII Religion Doctrine, Affirms Groff Without Retrial, and Vacates “Obey‑the‑Law” Injunctions in Carter v. Southwest Introduction In a sweeping...
Cat’s Paw Liability Cannot Satisfy the Rehabilitation Act’s “Solely by Reason of” Standard: Harmon v. Collier (5th Cir. 2025) Introduction In Harmon v. Collier, the Fifth Circuit addressed multiple...
United States v. Arredondo: Live-Streamed Sexual Misconduct Can Justify Pornography and Internet-Use Restrictions and Defeat Acceptance of Responsibility Introduction In United States v. Arredondo,...
Adequacy of Foreign Forums After OSR v. REE: Uncertainty Over Extraterritorial Injunctions and Witness Self‑Incrimination Does Not Defeat Forum Non Conveniens Introduction This commentary analyzes...
No Article III Standing to Compel MMPA Incidental Take Authorization Without a Certainly Impending, Injury‑Causing Operation Introduction In Harrison County v. U.S. Army Corps of Engineers, the Fifth...
Reddin v. Phelan: Fifth Circuit Clarifies BCNR’s Distinct § 1552 Regime and Upholds “Liberal Consideration” Without a Heightened Burden Court: U.S. Court of Appeals for the Fifth Circuit Date:...
Chhim v. City of Houston: Pleading Employment Claims Requires Comparator Facts and Decisionmaker Knowledge; Five-Month Temporal Gap Insufficient for Retaliation, and Unbriefed Issues Are Forfeited...
Rooker-Feldman Does Not Bar Defamation Suits Targeting Opposing Counsel’s Litigation Statements: The Fifth Circuit’s Clarification in English v. Crochet Introduction In English v. Crochet, the U.S....
No Safe Harbor in “Ordinary Business” Spending: Fifth Circuit Remands § 523(a)(6) Collateral-Conversion Claim and Reaffirms Strict Debtor-Favorable Standards Under §§ 727(a)(2)(A), (a)(3), and...
No Reasonable Expectation of Privacy for Trespassers in Tents on Posted Public Land: United States v. Parkerson (5th Cir. 2025) Introduction In United States v. Parkerson, the U.S. Court of Appeals...
No Constitutional Right to External Agency Investigations: Fifth Circuit Upholds TCCO-Centered Grievance Channel for Civilly Committed SVPs Introduction In Dunsmore v. Muth, No. 25-50047 (5th Cir....
No-Training-Whatsoever Pleading Suffices for Monell Liability in First Amendment Leafletting Cases at City-Owned Venues; Individual Officers and Private Guards Retain Qualified Immunity — Hershey v....
No Rational Basis to Exclude Business Entities From STR Permits: Fifth Circuit Partly Invalidates New Orleans’s Short‑Term Rental Regime and Narrows “Operator Residency” to Presence Only Case:...
Fifth Circuit Rejects Cat’s Paw Liability for Municipalities Under Monell: Headcount Rule Governs §1981/§1983 Claims Against Multi‑Member Bodies Introduction In Jones v. City of Hutto, the United...
Default as Accrual: Fifth Circuit Reaffirms That a Borrower’s Default Starts the Clock on Texas Fraud Claims; Tolling and Conspiracy Claims Can Be Dismissed on the Pleadings Introduction In McGrath...
Pending Rule 23(f) Petitions Do Not Divest District Courts of Authority to Revise Class-Certification Orders; Subclassing Purchasers and Exchangers Permissible in Merger-Related Securities Fraud...
Electronic Receipt and Unsigned Company Certification Suffice for Cancelling Financed Policies under La. R.S. 9:3550(G)(3) Introduction In Williams v. GoAuto Insurance, the United States Court of...