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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

“Loss of Confidence” as a Stand-Alone, Legitimate Reason:  A Commentary on Glover v. Lafayette City-Parish Consolidated Government

“Loss of Confidence” as a Stand-Alone, Legitimate Reason: A Commentary on Glover v. Lafayette City-Parish Consolidated Government

Date: Aug 19, 2025
“Loss of Confidence” as a Stand-Alone, Legitimate Reason Fifth Circuit Commentary on Glover v. Lafayette City-Parish Consolidated Government I. Introduction Thomas L. Glover, a Black law-enforcement...

        Nairne v. Landry: Fifth Circuit Confirms Single-Judge Jurisdiction & Broad Organizational Standing in Section 2 Voting-Rights Litigation

Nairne v. Landry: Fifth Circuit Confirms Single-Judge Jurisdiction & Broad Organizational Standing in Section 2 Voting-Rights Litigation

Date: Aug 19, 2025
Nairne v. Landry: Fifth Circuit Confirms Single-Judge Jurisdiction & Broad Organizational Standing in Section 2 Voting-Rights Litigation Introduction The Fifth Circuit’s decision in Nairne v. Landry...
Conditional Termination Notices Are Not Repudiation, and Fee-Shifting Survives Mutual Termination – A Commentary on Penthol v. Vertex Energy (5th Cir. 2025)

Conditional Termination Notices Are Not Repudiation, and Fee-Shifting Survives Mutual Termination – A Commentary on Penthol v. Vertex Energy (5th Cir. 2025)

Date: Aug 19, 2025
Conditional Termination Notices Are Not Repudiation, and Fee-Shifting Survives Mutual Termination Penthol, L.L.C. v. Vertex Energy Operating, L.L.C., No. 24-20329 (5th Cir. Aug. 14, 2025) 1....
“Beyond Debate” Re-affirmed: Fifth Circuit Clarifies the Specificity Requirement for Clearly-Established Law in Less-Lethal Force Cases

“Beyond Debate” Re-affirmed: Fifth Circuit Clarifies the Specificity Requirement for Clearly-Established Law in Less-Lethal Force Cases

Date: Aug 19, 2025
“Beyond Debate” Re-affirmed: Fifth Circuit Clarifies the Specificity Requirement for Clearly-Established Law in Less-Lethal Force Cases 1. Introduction In Smith v. Saenz, No. 24-50975 (5th Cir. Aug....
Objective Reasonableness Governs “In the Opinion Of” Notice Clauses in Reinsurance Treaties – A Commentary on U.S. Fire Insurance Co. v. Unified Life Insurance Co.

Objective Reasonableness Governs “In the Opinion Of” Notice Clauses in Reinsurance Treaties – A Commentary on U.S. Fire Insurance Co. v. Unified Life Insurance Co.

Date: Aug 19, 2025
Objective Reasonableness Governs “In the Opinion Of” Notice Clauses in Reinsurance Treaties – A Commentary on United States Fire Insurance Co. v. Unified Life Insurance Co., 5th Cir. (2025)...
Mere Observation and Incidental Touch Do Not Amount to Seizure: The “Larremore Rule” on Fourth-Amendment Encounters

Mere Observation and Incidental Touch Do Not Amount to Seizure: The “Larremore Rule” on Fourth-Amendment Encounters

Date: Aug 19, 2025
Mere Observation and Incidental Touch Do Not Amount to Seizure: The “Larremore Rule” on Fourth-Amendment Encounters Introduction United States v. Larremore, No. 24-50431 (5th Cir. Aug. 14, 2025),...
Montiel Rubio v. Bondi: The Fifth Circuit Fortifies the “Voluntary-Return” Rule in Asylum, Withholding, and CAT Proceedings

Montiel Rubio v. Bondi: The Fifth Circuit Fortifies the “Voluntary-Return” Rule in Asylum, Withholding, and CAT Proceedings

Date: Aug 18, 2025
Montiel Rubio v. Bondi: The Fifth Circuit Fortifies the “Voluntary-Return” Rule in Asylum, Withholding, and CAT Proceedings Introduction In Montiel Rubio v. Bondi, decided 13 August 2025, the United...
Beyond the Sanctuary: Defining the Limits of Texas’s Religious-Services Clause on Public Lands

Beyond the Sanctuary: Defining the Limits of Texas’s Religious-Services Clause on Public Lands

Date: Aug 18, 2025
Beyond the Sanctuary: Defining the Limits of Texas’s Religious-Services Clause on Public Lands 1. Introduction Perez v. City of San Antonio, No. 23-50746 (5th Cir. Aug. 13, 2025) is a sweeping...
“Harmless” Guideline Miscalculations after United States v. Abercrombie: When a Clear Crime-of-Violence Error Is Not Plain Error Requiring Vacatur

“Harmless” Guideline Miscalculations after United States v. Abercrombie: When a Clear Crime-of-Violence Error Is Not Plain Error Requiring Vacatur

Date: Aug 18, 2025
“Harmless” Guideline Miscalculations after United States v. Abercrombie: Fifth Circuit Clarifies When Clear Crime–of–Violence Errors Do Not Satisfy the Plain-Error Standard Introduction The Fifth...
Sharpening the Lens of Ascertainability: B. v. Harrington and the Fifth Circuit’s Demand for Precision in Medicaid EPSDT Class Actions

Sharpening the Lens of Ascertainability: B. v. Harrington and the Fifth Circuit’s Demand for Precision in Medicaid EPSDT Class Actions

Date: Aug 15, 2025
Sharpening the Lens of Ascertainability: B. v. Harrington and the Fifth Circuit’s Demand for Precision in Medicaid EPSDT Class Actions 1. Introduction B. v. Harrington, No. 24-30244 (5th Cir. Aug....
“Speculative Future Use” Is Not Enough:  DM Arbor Court v. City of Houston and the Revitalisation of Lucas-Style Categorical Takings

“Speculative Future Use” Is Not Enough: DM Arbor Court v. City of Houston and the Revitalisation of Lucas-Style Categorical Takings

Date: Aug 15, 2025
“Speculative Future Use” Is Not Enough: DM Arbor Court v. City of Houston and the Revitalisation of Lucas-Style Categorical Takings 1. Introduction Hurricane Harvey’s devastation of the Arbor Court...
“Real-World Operability” as the Touchstone of BACT in Texas Permitting

“Real-World Operability” as the Touchstone of BACT in Texas Permitting

Date: Aug 15, 2025
“Real-World Operability” as the Touchstone of BACT in Texas Permitting Introduction In Port Arthur Community Action Network v. Texas Commission on Environmental Quality, the United States Court of...
United States v. Brown: Re-affirming Judicial Control over Multiplicitous Convictions and Post-Verdict Rule 48(a) Dismissals

United States v. Brown: Re-affirming Judicial Control over Multiplicitous Convictions and Post-Verdict Rule 48(a) Dismissals

Date: Aug 15, 2025
United States v. Brown: Re-affirming Judicial Control over Multiplicitous Convictions and Post-Verdict Rule 48(a) Dismissals 1. Introduction In United States v. Brown, No. 24-20095 (5th Cir. Aug. 12,...
“Discovery Sanctions in § 1782 Proceedings: The Fifth Circuit Clarifies No Mandatory Conference Is Required Before Rule 37(b) Relief”

“Discovery Sanctions in § 1782 Proceedings: The Fifth Circuit Clarifies No Mandatory Conference Is Required Before Rule 37(b) Relief”

Date: Aug 14, 2025
Discovery Sanctions in § 1782 Proceedings: The Fifth Circuit Clarifies No Mandatory Conference Is Required Before Rule 37(b) Relief Introduction Banco Mercantil v. Paramo (No. 24-20375, 5th Cir. Aug....
Palms v. Texas Children’s Hospital:  The Fifth Circuit’s New Rule on Appellate Forfeiture of Post-Accommodation Title VII Religious-Discrimination Claims

Palms v. Texas Children’s Hospital: The Fifth Circuit’s New Rule on Appellate Forfeiture of Post-Accommodation Title VII Religious-Discrimination Claims

Date: Aug 14, 2025
Palms v. Texas Children’s Hospital: The Fifth Circuit’s New Rule on Appellate Forfeiture of Post-Accommodation Title VII Religious-Discrimination Claims 1. Introduction In Palms v. Texas Children’s...
Fifth Circuit Clarifies Equitable Estoppel & Assignment Ambiguities in ERISA Provider Claims – A Commentary on Angelina Emergency Medicine Associates PA v. Blue Cross

Fifth Circuit Clarifies Equitable Estoppel & Assignment Ambiguities in ERISA Provider Claims – A Commentary on Angelina Emergency Medicine Associates PA v. Blue Cross

Date: Aug 13, 2025
Fifth Circuit Clarifies Equitable Estoppel & Assignment Ambiguities in ERISA Provider Claims: Commentary on Angelina Emergency Medicine Associates PA v. Blue Cross (5th Cir. 2025) 1. Introduction The...
Illegality at First Sip: Fifth Circuit Confirms That “Showcase” Supply-Retail Agreements Breaching TABC §102.16 Are Void and Unenforceable

Illegality at First Sip: Fifth Circuit Confirms That “Showcase” Supply-Retail Agreements Breaching TABC §102.16 Are Void and Unenforceable

Date: Aug 13, 2025
Illegality at First Sip: Fifth Circuit Confirms That “Showcase” Supply-Retail Agreements Breaching TABC §102.16 Are Void and Unenforceable 1. Introduction In ROKiT Drinks, L.L.C. v. Landry’s Inc....
United States v. Baxter: Explicit Oral Pronouncement Required for Search-Conditions of Supervised Release

United States v. Baxter: Explicit Oral Pronouncement Required for Search-Conditions of Supervised Release

Date: Aug 13, 2025
United States v. Baxter: Fifth Circuit Re-Affirms That “Submission-to-Search” Conditions on Supervised Release Must Be Orally Pronounced Introduction United States v. Baxter, No. 24-50051 (5th Cir....
“Reasonably-Responsive Excerpts” & Minimal Authentication – A Commentary on United States v. Cash (5th Cir. 2025)

“Reasonably-Responsive Excerpts” & Minimal Authentication – A Commentary on United States v. Cash (5th Cir. 2025)

Date: Aug 13, 2025
“Reasonably-Responsive Excerpts” & Minimal Authentication – A Detailed Commentary on United States v. Cash (5th Cir. 2025) I. Introduction Case: United States v. Cash, No. 24-10243, Court of Appeals...
“No Need to Know the Drug & No Ambiguous Pro-Se Requests:” 
            The Fifth Circuit’s Dual Clarifications in United States v. Serrano Galaviz

“No Need to Know the Drug & No Ambiguous Pro-Se Requests:” The Fifth Circuit’s Dual Clarifications in United States v. Serrano Galaviz

Date: Aug 13, 2025
“No Need to Know the Drug & No Ambiguous Pro-Se Requests:” The Fifth Circuit’s Dual Clarifications in United States v. Serrano Galaviz 1. Introduction Court: U.S. Court of Appeals for the Fifth...
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