5th Circuit Case Commentaries

No Forgiveness Without Eligibility: Fifth Circuit Defines PPP Loan-Forgiveness Limits in Bruckner Truck Sales v. Guzman (2025)

Date: Aug 13, 2025

No Forgiveness Without Eligibility: Fifth Circuit Defines PPP Loan-Forgiveness Limits in Bruckner Truck Sales v. Guzman (2025) 1. Introduction The Fifth Circuit’s decision in Bruckner Truck Sales,...

“Performance Alone Does Not Rebut Article 1947” – A Comprehensive Commentary on CAM Logistics v. Pratt Industries

Date: Aug 13, 2025

“Performance Alone Does Not Rebut Article 1947” CAM Logistics, L.L.C. v. Pratt Industries — Fifth Circuit, 2025 1. Introduction This appeal presented the Fifth Circuit with a deceptively simple...

Commentary on Doe v. Kerrville ISD: “Parental Obstruction as a Shield – Refining Deliberate-Indifference Standards under Title IX and § 1983”

Date: Aug 13, 2025

Parental Obstruction as a Shield – Refining Deliberate-Indifference Standards under Title IX and § 1983 Introduction In Doe v. Kerrville ISD, No. 24-50394 (5th Cir. Aug. 6 2025), the United States...

Unsupported Allegations and PADS Waivers: Fifth Circuit Narrows Mississippi’s McArn Exceptions in Greene v. Entergy Operations

Date: Aug 13, 2025

Unsupported Allegations and PADS Waivers: Fifth Circuit Narrows Mississippi’s McArn Exceptions in Greene v. Entergy Operations 1. Introduction In Greene v. Entergy Operations, Inc., No. 24-60603 (5th...

Huffman v. Activision – Re-affirming Broad District-Court Discretion to Deny Attorney’s Fees under 17 U.S.C. § 505

Date: Aug 13, 2025

Huffman v. Activision – Re-affirming Broad District-Court Discretion to Deny Attorney’s Fees under 17 U.S.C. § 505 1. Introduction The Fifth Circuit’s unpublished opinion in Huffman v. Activision...

United States v. Bevers: Fifth Circuit Reinforces the Need for Express Paroline-Based Findings When Awarding Multi-Victim Restitution

Date: Aug 13, 2025

United States v. Bevers: Fifth Circuit Reinforces the Need for Express Paroline-Based Findings When Awarding Multi-Victim Restitution Introduction United States v. Bevers (5th Cir. Aug. 6, 2025)...

United States v. Morgan: Fifth Circuit Confirms the “Going-Armed” Historical Analogue and Admits Predicate-Offense Facts in As-Applied Second-Amendment Challenges

Date: Aug 13, 2025

United States v. Morgan: Fifth Circuit Confirms the “Going-Armed” Historical Analogue and Admits Predicate-Offense Facts in As-Applied Second-Amendment Challenges 1. Introduction United States v....

United States v. Quezada-Atayde: Fifth Circuit Clarifies that Oral Adoption of the PSR Satisfies the Pronouncement Requirement for Special Supervised-Release Conditions

Date: Aug 13, 2025

United States v. Quezada-Atayde: Fifth Circuit Clarifies that Oral Adoption of the PSR Satisfies the Pronouncement Requirement for Special Supervised-Release Conditions Introduction United States v....

Collateral Review Waivers Survive Post-Taylor Challenges – An Analysis of United States v. Smith (5th Cir. 2025)

Date: Aug 13, 2025

Collateral Review Waivers Survive Post-Taylor Challenges – United States v. Smith, No. 23-50619 (5th Cir. Aug. 6, 2025) 1. Introduction The Fifth Circuit’s unpublished per curiam decision in United...

Pleading Into Exemption: The Fifth Circuit Clarifies That Non-Payment Does Not Defeat the FLSA Highly-Compensated Employee Exemption

Date: Aug 13, 2025

Pleading Into Exemption: The Fifth Circuit Clarifies That Non-Payment Does Not Defeat the FLSA Highly-Compensated Employee Exemption Introduction In Wells v. Lottery.com, No. 25-50037 (5th Cir. Aug....

Refusal Plus Alcohol Indicators Equals Probable Cause – Commentary on Wood v. Bexar County (5th Cir. 2025)

Date: Aug 13, 2025

Refusal Plus Alcohol Indicators Equals Probable Cause – Fifth Circuit Clarifies DWI Arrest Standard in Wood v. Bexar County 1. Introduction The United States Court of Appeals for the Fifth Circuit...

Wood v. Patton and the “Illusory-Right” Argument: Statistical Denial Rates Alone Cannot Establish a Due-Process Violation in Post-Conviction DNA Statutes

Date: Aug 13, 2025

Wood v. Patton and the “Illusory-Right” Argument: Statistical Denial Rates Alone Cannot Establish a Due-Process Violation in Post-Conviction DNA Statutes Introduction Wood v. Patton, No. 25-70004...

Reaffirming Qualified Immunity for Prison Officials When a Medical “No-Handcuff” Pass Has Expired – A Commentary on Bangmon v. Tucker (5th Cir. 2025)

Date: Aug 12, 2025

Reaffirming Qualified Immunity for Prison Officials When a Medical “No-Handcuff” Pass Has Expired – A Commentary on Bangmon v. Tucker (5th Cir. 2025) Introduction The United States Court of Appeals...

The Presence-Membership Test: Fifth Circuit Upholds Mass-Warrant Sufficiency Post-Twin Peaks

Date: Aug 12, 2025

The Presence-Membership Test: Fifth Circuit Upholds Mass-Warrant Sufficiency Post-Twin Peaks Introduction Barnhart v. Stroman is the latest—and likely last—chapter in the spate of civil-rights suits...

Berger v. Lexington Insurance ‑ Fifth Circuit Clarifies that an Invalid Uninsured-Motorist Waiver Does Not Trigger “Drop-Down” Coverage under Louisiana Umbrella Policies

Date: Aug 12, 2025

Invalid UM Waiver ≠ Drop-Down: Berger v. Lexington Insurance and the Limits of Umbrella Liability under Louisiana Law Introduction Berger v. Lexington Insurance (5th Cir. Aug. 5 2025) addresses...

“The Unilateral-Manager Rule” – Why a Manager’s Forum Contacts Cannot Confer Jurisdiction on an LLC: A Commentary on CDC Real Estate v. La Biela (5th Cir. 2025)

Date: Aug 12, 2025

“The Unilateral-Manager Rule” – Why a Manager’s Forum Contacts Cannot Confer Jurisdiction on an LLC: A Commentary on CDC Real Estate v. La Biela (5th Cir. 2025) Introduction The United States Court...

Authority and Immunity in Campus Due-Process Litigation: The Fifth Circuit’s Guidance in Doe v. Prairie View

Date: Aug 12, 2025

Authority and Immunity in Campus Due-Process Litigation: The Fifth Circuit’s Guidance in Doe v. Prairie View Introduction In Doe v. Prairie View A&M University, No. 24-20128 (5th Cir. Aug. 5, 2025),...

Elder v. Bass: Chronic Sanitation Failures as a Per Se Eighth-Amendment Violation in the Fifth Circuit

Date: Aug 12, 2025

Elder v. Bass: Chronic Sanitation Failures as a Per Se Eighth-Amendment Violation in the Fifth Circuit Introduction Elder v. Bass (5th Cir. Aug. 5, 2025) addresses whether prolonged and recurring...

Narayanan v. Midwestern – Fifth Circuit Tightens the “Near-Identical Comparator” and “Close Temporal Proximity” Tests under Title VII

Date: Aug 12, 2025

Narayanan v. Midwestern – Fifth Circuit Tightens the “Near-Identical Comparator” and “Close Temporal Proximity” Tests under Title VII Introduction The United States Court of Appeals for the Fifth...

Fifth Circuit Rejects Per-Se Emergency Rule for Shoulder Dystocia and Affirms FTCA Jurisdiction over Gross-Negligence Obstetrical Claims

Date: Aug 12, 2025

Fifth Circuit Rejects Per-Se Emergency Rule for Shoulder Dystocia and Affirms FTCA Jurisdiction over Gross-Negligence Obstetrical Claims Introduction In Robledo v. United States, No. 24-50810 (5th...