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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

Disclaimers Don’t Cure a Breach: Fifth Circuit Holds That Prosecutorial Advocacy for an Above‑Guidelines Sentence Violates a Plea Agreement Even Without a Formal Variance Request

Disclaimers Don’t Cure a Breach: Fifth Circuit Holds That Prosecutorial Advocacy for an Above‑Guidelines Sentence Violates a Plea Agreement Even Without a Formal Variance Request

Date: Nov 7, 2025
Disclaimers Don’t Cure a Breach: Fifth Circuit Holds That Prosecutorial Advocacy for an Above‑Guidelines Sentence Violates a Plea Agreement Even Without a Formal Variance Request Introduction In...
Presentment Is Jurisdictional and Dismissal Must Be Without Prejudice: The Fifth Circuit’s FTCA Clarification and Strict Limitations Enforcement in Williams v. United States

Presentment Is Jurisdictional and Dismissal Must Be Without Prejudice: The Fifth Circuit’s FTCA Clarification and Strict Limitations Enforcement in Williams v. United States

Date: Nov 7, 2025
Presentment Is Jurisdictional and Dismissal Must Be Without Prejudice: The Fifth Circuit’s FTCA Clarification and Strict Limitations Enforcement in Williams v. United States Introduction In Williams...
Fifth Circuit Limits NLRB Remedies to Equitable Relief Under NLRA §10(c), Rejecting Thryv’s “Foreseeable Harms” Damages

Fifth Circuit Limits NLRB Remedies to Equitable Relief Under NLRA §10(c), Rejecting Thryv’s “Foreseeable Harms” Damages

Date: Nov 4, 2025
Fifth Circuit Limits NLRB Remedies to Equitable Relief Under NLRA §10(c), Rejecting Thryv’s “Foreseeable Harms” Damages Introduction In Hiran Management v. NLRB, the U.S. Court of Appeals for the...
Prudential Ripeness for Permit-Cap Takings and Plat-Designated Greenbelts Outside Texas Strips-and-Gores: An In-Depth Commentary on Legacy Housing v. City of Horseshoe Bay (5th Cir. 2025)

Prudential Ripeness for Permit-Cap Takings and Plat-Designated Greenbelts Outside Texas Strips-and-Gores: An In-Depth Commentary on Legacy Housing v. City of Horseshoe Bay (5th Cir. 2025)

Date: Nov 3, 2025
Prudential Ripeness for Permit-Cap Takings and Plat-Designated Greenbelts Outside Texas Strips-and-Gores: Legacy Housing v. City of Horseshoe Bay Introduction In Legacy Housing Corporation v. City of...
No Standalone “Chilled-Speech” Claim: Fifth Circuit Reaffirms Adverse-Action Requirement for First Amendment Employment Retaliation and Recognizes Pre‑Enforcement Standing for Alleged Unwritten Campus Speech Codes

No Standalone “Chilled-Speech” Claim: Fifth Circuit Reaffirms Adverse-Action Requirement for First Amendment Employment Retaliation and Recognizes Pre‑Enforcement Standing for Alleged Unwritten Campus Speech Codes

Date: Nov 3, 2025
No Standalone “Chilled-Speech” Claim: Fifth Circuit Reaffirms Adverse-Action Requirement for First Amendment Employment Retaliation and Recognizes Pre‑Enforcement Standing for Alleged Unwritten...
Meaningful Access, Not Physical Access: Fifth Circuit Upholds Courthouse Restrictions, Declines Bivens Expansion, and Rejects ADA Title II Claims Against Federal Courts

Meaningful Access, Not Physical Access: Fifth Circuit Upholds Courthouse Restrictions, Declines Bivens Expansion, and Rejects ADA Title II Claims Against Federal Courts

Date: Nov 2, 2025
Meaningful Access, Not Physical Access: Fifth Circuit Upholds Courthouse Restrictions, Declines Bivens Expansion, and Rejects ADA Title II Claims Against Federal Courts Case: Garces v. Biery, No....
Stays Do Not Suspend Compliance: Fifth Circuit Affirms Dismissal With Prejudice and Rejects PACER/Pro Se Excuses as “Excusable Neglect”

Stays Do Not Suspend Compliance: Fifth Circuit Affirms Dismissal With Prejudice and Rejects PACER/Pro Se Excuses as “Excusable Neglect”

Date: Nov 2, 2025
Stays Do Not Suspend Compliance: Fifth Circuit Affirms Dismissal With Prejudice and Rejects PACER/Pro Se Excuses as “Excusable Neglect” Introduction In Miller v. Ohio Security Insurance, No. 24-30740...
Adoption-by-Reference After Diggles: Rule 32 Verification Is a Prerequisite to Imposing Discretionary Supervised-Release Conditions

Adoption-by-Reference After Diggles: Rule 32 Verification Is a Prerequisite to Imposing Discretionary Supervised-Release Conditions

Date: Nov 2, 2025
Adoption-by-Reference After Diggles: Rule 32 Verification Is a Prerequisite to Imposing Discretionary Supervised-Release Conditions Introduction In United States v. Rivera-Hernandez, No. 25-20022...
Direct Threat, Not Diagnostic Perfection: Fifth Circuit Endorses FMCSA-Guided, File-Review Assessments for Safety-Critical Rail Jobs and Tightens Proof of Reassignment under the ADA

Direct Threat, Not Diagnostic Perfection: Fifth Circuit Endorses FMCSA-Guided, File-Review Assessments for Safety-Critical Rail Jobs and Tightens Proof of Reassignment under the ADA

Date: Nov 2, 2025
Direct Threat, Not Diagnostic Perfection: Fifth Circuit Endorses FMCSA-Guided, File-Review Assessments for Safety-Critical Rail Jobs and Tightens Proof of Reassignment under the ADA Introduction In...
No Right to Vote on a Particular Schedule: The Fifth Circuit Upholds Mid‑Cycle Redistricting and Treats “Vote Postponement” as Non-Disenfranchisement

No Right to Vote on a Particular Schedule: The Fifth Circuit Upholds Mid‑Cycle Redistricting and Treats “Vote Postponement” as Non-Disenfranchisement

Date: Nov 1, 2025
No Right to Vote on a Particular Schedule: The Fifth Circuit Upholds Mid‑Cycle Redistricting and Treats “Vote Postponement” as Non-Disenfranchisement Introduction In Jackson v. Tarrant County, the...
No End-Run Around Louisiana’s LHEPA: Plaintiffs Must Plausibly Plead Gross Negligence or Willful Misconduct—and Relabeling as Contract Won’t Avoid the Shield (Ware v. Irving Place, 5th Cir. 2025)

No End-Run Around Louisiana’s LHEPA: Plaintiffs Must Plausibly Plead Gross Negligence or Willful Misconduct—and Relabeling as Contract Won’t Avoid the Shield (Ware v. Irving Place, 5th Cir. 2025)

Date: Nov 1, 2025
No End-Run Around Louisiana’s LHEPA: Plaintiffs Must Plausibly Plead Gross Negligence or Willful Misconduct—and Relabeling as Contract Won’t Avoid the Shield Ware v. Irving Place (5th Cir. Oct. 29,...
Belknap v. Spinks: Clearly Established Bar on Housing Known‑Suicidal Detainees with Loose Bedding and Tie‑Off Points; No Deliberate‑Indifference Claim for Failure to Render Aid Absent Belief of Rescuability

Belknap v. Spinks: Clearly Established Bar on Housing Known‑Suicidal Detainees with Loose Bedding and Tie‑Off Points; No Deliberate‑Indifference Claim for Failure to Render Aid Absent Belief of Rescuability

Date: Oct 31, 2025
Belknap v. Spinks: Clearly Established Bar on Housing Known‑Suicidal Detainees with Loose Bedding and Tie‑Off Points; No Deliberate‑Indifference Claim for Failure to Render Aid Absent Belief of...
Manageable Lines and Cost Causation: Fifth Circuit Clarifies NEPA Scope and Predeterminations under the Natural Gas Act

Manageable Lines and Cost Causation: Fifth Circuit Clarifies NEPA Scope and Predeterminations under the Natural Gas Act

Date: Oct 31, 2025
Manageable Lines and Cost Causation: Fifth Circuit Clarifies NEPA Scope and Predeterminations under the Natural Gas Act Introduction In Columbia Riverkeeper v. FERC, Nos. 24-60002, 24-60197,...
Managing NEPA’s “Manageable Line” and Immediate Review of FERC Predetermination Denials: The Fifth Circuit’s Framework in Gas Transmission NW v. FERC

Managing NEPA’s “Manageable Line” and Immediate Review of FERC Predetermination Denials: The Fifth Circuit’s Framework in Gas Transmission NW v. FERC

Date: Oct 31, 2025
Managing NEPA’s “Manageable Line” and Immediate Review of FERC Predetermination Denials: The Fifth Circuit’s Framework in Gas Transmission NW v. FERC Introduction In Gas Transmission NW v. FERC (5th...
No Presumption of Rolled‑In Rates for Oversized § 2.55(b) Replacements; Fifth Circuit Endorses FERC’s “Manageable Line” NEPA Scope After Seven County

No Presumption of Rolled‑In Rates for Oversized § 2.55(b) Replacements; Fifth Circuit Endorses FERC’s “Manageable Line” NEPA Scope After Seven County

Date: Oct 31, 2025
No Presumption of Rolled‑In Rates for Oversized § 2.55(b) Replacements; Fifth Circuit Endorses FERC’s “Manageable Line” NEPA Scope After Seven County Introduction This consolidated Fifth Circuit...
Church Autonomy as Structural Immunity—Not Rule 12(b)(1)—and Its Application to Non‑Hierarchical Ministries and Third‑Party Interference: Commentary on McRaney v. North American Mission Board (5th Cir. Oct. 28, 2025)

Church Autonomy as Structural Immunity—Not Rule 12(b)(1)—and Its Application to Non‑Hierarchical Ministries and Third‑Party Interference: Commentary on McRaney v. North American Mission Board (5th Cir. Oct. 28, 2025)

Date: Oct 31, 2025
Church Autonomy as Structural Immunity—Not Rule 12(b)(1)—and Its Application to Non‑Hierarchical Ministries and Third‑Party Interference: Commentary on McRaney v. North American Mission Board (5th...
CTR-Compliance Delays Are Not § 1981 Contract Impairment; Unpreserved Qualified-Immunity Challenges Reviewed Only for Plain Error — Randle v. PNC Financial (5th Cir. 2025)

CTR-Compliance Delays Are Not § 1981 Contract Impairment; Unpreserved Qualified-Immunity Challenges Reviewed Only for Plain Error — Randle v. PNC Financial (5th Cir. 2025)

Date: Oct 31, 2025
CTR-Compliance Delays Are Not § 1981 Contract Impairment; Unpreserved Qualified-Immunity Challenges Reviewed Only for Plain Error — Randle v. PNC Financial (5th Cir. 2025) Court: United States Court...
NEPA’s “Manageable Line,” § 2.55(b) Replacements, and Rolled‑In Rate Predeterminations: The Fifth Circuit’s Framework in State of Washington v. FERC (GTN Xpress)

NEPA’s “Manageable Line,” § 2.55(b) Replacements, and Rolled‑In Rate Predeterminations: The Fifth Circuit’s Framework in State of Washington v. FERC (GTN Xpress)

Date: Oct 31, 2025
NEPA’s “Manageable Line,” § 2.55(b) Replacements, and Rolled‑In Rate Predeterminations: The Fifth Circuit’s Framework in State of Washington v. FERC (GTN Xpress) Introduction In State of Washington...
Fifth Circuit Holds § 2422(b) “Sexual Activity” Includes Nonphysical Conduct, Affirming Attempted Coercion to Produce Lascivious Images

Fifth Circuit Holds § 2422(b) “Sexual Activity” Includes Nonphysical Conduct, Affirming Attempted Coercion to Produce Lascivious Images

Date: Oct 31, 2025
Fifth Circuit Holds § 2422(b) “Sexual Activity” Includes Nonphysical Conduct, Affirming Attempted Coercion to Produce Lascivious Images Introduction United States v. Jimenez, No. 24-40703 (5th Cir....
United States v. Hernandez-Adame: Fifth Circuit Confirms that “Entry” Under § 1326 Requires Freedom from Official Restraint, but Treats It as a Definitional Concept Within Trial Courts’ Instructional Discretion

United States v. Hernandez-Adame: Fifth Circuit Confirms that “Entry” Under § 1326 Requires Freedom from Official Restraint, but Treats It as a Definitional Concept Within Trial Courts’ Instructional Discretion

Date: Oct 28, 2025
United States v. Hernandez-Adame: Fifth Circuit Confirms that “Entry” Under § 1326 Requires Freedom from Official Restraint, but Treats It as a Definitional Concept Within Trial Courts’ Instructional...
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