Marbury v. United National Insurance: The Fifth Circuit Re-defines “Self-Serving” Evidence and Reaffirms Louisiana’s Expansive Concept of Insurable Interest 1. Introduction In Marbury v. United...
“Pro Bono Representation as Political Contribution”: The Fifth Circuit Clarifies Pre-Enforcement Standing and Immunity in Institute for Free Speech v. Johnson 1. Introduction The United States Court...
“When the Heat Itself Cries Out” The Fifth Circuit’s Refined Standard for Deliberate Indifference to Extreme Temperatures in Texas Prisons – Commentary on Coones v. Cogburn (5th Cir. 2025) 1....
Post-Denial Medical Developments and the “Continuum of Reasonableness” Test under ERISA: A Detailed Commentary on Black v. Unum Life Insurance Company (5th Cir. 2025) 1. Introduction This commentary...
“Actual Knowledge” as the Linchpin of Calder-Effects Personal Jurisdiction: A Detailed Commentary on Boyd v. Cleara, L.L.C. (5th Cir. 2025) Introduction Boyd v. Cleara, L.L.C., No. 24-10609, decided...
Federal Eminent-Domain Supremacy over State Trespass-Fixture Claims: A Commentary on United States v. Bennett (5th Cir. 2025) Introduction United States v. Bennett squarely addresses whether a...
“Previously Unavailable” Means “Possibly Meritorious”: Fifth Circuit Clarifies § 2244(b)(2)(A) in Johnson v. Guerrero Introduction Johnson v. Guerrero, No. 23-70002 (5th Cir. 2025) tackles a...
Guaranteeing “Next-Available Position” Reinstatement: The Fifth Circuit’s Expansive Equitable Remedy in McMillian v. Aberdeen School District Introduction The United States Court of Appeals for the...
Fifth Circuit Reaffirms Strict Construction of 8 U.S.C. § 1326(d) and Rejects the “Later-Change-in-Law” Exception: United States v. Ortiz-Rodriguez 1. Introduction In United States v....
Fifth Circuit Re-Affirms Strict Compliance with 8 U.S.C. § 1326(d) for Collateral Attacks on Expedited Removal Orders Despite Subsequent Changes in Aggravated-Felony Law I. Introduction In United...
Fifth Circuit Tightens the Clock: Doe v. City View ISD and the Strict Two-Year Limitations Period for Title IX Claims Introduction Jane Doe 1 v. City View Independent School District (Doe v. City...
Fifth Circuit Clarifies Effect of 2023 Guidelines Amendment: Texas Robbery Still a “Crime of Violence” Introduction United States v. Wickware, No. 24-10519 (5th Cir. July 22 2025), addresses how a...
When “Applicable Law” Isn’t Enough: Fifth Circuit Clarifies the Limits of State Law in Federal Enclaves – A Commentary on Vinales v. AETC II Introduction Vinales v. AETC II, No. 24-50113 (5th Cir....
Strategic Use of Genetic Predisposition Evidence in Capital Sentencing: Wells v. Guerrero and the Scope of Ineffective-Assistance Challenges Introduction In Wells v. Guerrero, No. 24-70002 (5th Cir....
Carter v. City of Shreveport: Fifth Circuit Re-Affirms that the ADA Does Not Create a Medical Standard of Care 1. Introduction In Carter v. City of Shreveport, No. 23-30848 (5th Cir. July 21, 2025),...
“Not the Proper Stuff of a Federal Harassment Claim”: The Fifth Circuit Re-draws the Severity Line for Student-on-Student Title IX Claims in M.K. v. Pearl River County School District 1. Introduction...
Fifth Circuit Clarifies that Louisiana Synthetic-Cannabinoid Convictions Are Not Automatically “Controlled Substance Offenses” for Career-Offender Purposes Introduction In United States v. Edmond,...
Alternative §3553(a) Sentences and Written Statements of Reasons Defeat Plain-Error Challenges to Guideline Miscalculations: The Fifth Circuit Reaffirms Hott and Clarifies Diggles Introduction In...
Williams v. BP: Fifth Circuit Re-Affirms Rigorous Daubert Gate-Keeping and Rejects “Feather-Weight” Causation in Deepwater Horizon BELO Claims Introduction Court / Date: United States Court of...
“Reasonable Relationship, Not Perfect Tailoring” – The Fifth Circuit’s Suicide-Prevention Confinement Standard after Alexander v. Taft I. Introduction In Alexander v. Taft, No. 24-10663 (5th Cir....