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Fifth Circuit Declares §1503(a) Limitation Non-Jurisdictional & Allows Timely Motions to Reopen to Reset the Clock Commentary on Sarabia v. Noem, No. 24-50750 (5th Cir. Aug. 22, 2025) 1. Introduction...
“Thrown a Lifeline”: Fifth Circuit Holds Marine Life-Rafts Are “Equipment” under the Texas Dealer Act 1. Introduction In Fire Protection Service, Inc. v. Survitec Survival Products, Inc., No....
Clarifying Same-Sex Harassment Pleadings After Texas’s 2021 Amendments: A Commentary on Lanier v. Wise County (5th Cir. 2025) 1. Introduction Chad Lewis Lanier, a retired deputy sheriff for Wise...
“Dual-Trigger” Disarmament after Bruen: Violence or Probation Status Suffices – A Commentary on United States v. Clark (5th Cir. 2025) Introduction United States v. Clark, decided on 21 August 2025...
Parole Rescission Challenges Must Proceed Under § 2254: Fifth Circuit Extends AEDPA’s One-Year Limitation and Exhaustion Requirements to State Prisoners Questioning Parole Board Action Introduction...
“Reining-In the NLRB” – Fifth Circuit Invalidates Dual For-Cause Removal Protections and Affirms District Courts’ Power to Enjoin Agency Proceedings 1. Introduction In Space Exploration Technologies...
“Here-and-Now” Harm and Dual-Layer Removal: The Fifth Circuit Re-Shapes Pre-Enforcement Review in Energy Transfer, L.P. v. NLRB Introduction Energy Transfer, L.P. v. National Labor Relations Board is...
Garces v. Hernandez: The Fifth Circuit’s Express Admonition on AI-Generated Citations and the Unyielding Reach of Res Judicata 1. Introduction Garces v. Hernandez (No. 25-50342, 5th Cir. Aug. 19,...
No-Name, No-Toll: Fifth Circuit Clarifies Accrual and Equitable Tolling for § 1983 Claims Introduction In Jenkins v. Tahmahkera, No. 24-10724 (5th Cir. Aug. 19, 2025), the United States Court of...
“No Clearly-Established Right to Be Free from a Non-Deadly Push While Fleeing” – Sealey v. Mancias and the Pleading Burden in Fifth-Circuit Excessive-Force Claims 1. Introduction Sealey v. Mancias,...
“Here-and-Now Harm” & Dual-Layer Tenure: The Fifth Circuit’s Seal of Unconstitutionality on NLRB Removal Protections 1. Introduction In Space Exploration Technologies Corp. v. National Labor...
“A Harmless Drag Show? No Such Ban.” – Spectrum WT v. Wendler and the Fifth Circuit’s Recognition of Drag Shows as First-Amendment-Protected Expression in Designated Public Forums Introduction...
When Deliberate Indifference Also “Shocks the Conscience”: The Fifth Circuit’s Clarification of Supervisory Liability in Doe v. Jewell Introduction In Doe v. Jewell, the United States Court of...
From “Minor” to Material: Fifth Circuit Recalibrates the PLRA Physical-Injury Threshold in Morris v. Estes 1. Introduction Background. In Morris v. Estes, No. 24-30553 (5th Cir. Aug. 15, 2025),...
Norman v. Ingle: Video-Clarity Rule & Officer-Specific Qualified Immunity Analysis in the Fifth Circuit I. Introduction Norman v. Ingle, No. 24-20431 (5th Cir. Aug. 15, 2025), sets a new benchmark...
Fifth Circuit Endorses “Non-Physical” Quorum: State of Texas v. Bondi and the Modernization of the Quorum Clause 1. Introduction In State of Texas v. Bondi, No. 24-10386 (5th Cir. Aug. 15, 2025), the...
The Stelly Clarification: One-Year Prescriptive Period Governs § 1981 Failure-to-Promote Actions Involving “New and Distinct” Internal Promotions 1. Introduction In Stelly v. Department of Public...
Plain-Error Limits on Borden-Based Challenges: Fifth Circuit Preserves Louisiana Armed Robbery as a “Crime of Violence” Absent Proven Reckless-Mens-Rea Applications Introduction United States v....
“Substantial-Risk, Not Proven-Harm” – Fountain v. Rupert Re-Entwines Garrett and Rhodes, Recasting the Fifth Circuit’s Eighth-Amendment Lens 1. Introduction On 14 August 2025 the United States Court...