5th Circuit Case Commentaries

Direct-Sales Bans Survive Rational-Basis Review as Applied to Non‑Franchising EV Manufacturers Under Fifth Circuit Precedent

Date: Sep 5, 2026

Direct-Sales Bans Survive Rational-Basis Review as Applied to Non‑Franchising EV Manufacturers Under Fifth Circuit Precedent Case: Lucid Group USA v. Johnston (5th Cir. Sept. 4, 2026) | Court: United...

Post-Hunter I: Appeal Waivers Yield Only to Obvious, Egregious Error—Debatable § 922(g)(3) Constitutional Claims Remain Waived

Date: Sep 5, 2026

Post-Hunter I: Appeal Waivers Yield Only to Obvious, Egregious Error—Debatable § 922(g)(3) Constitutional Claims Remain Waived I. Introduction United States v. Nyandoro (5th Cir. Sept. 4, 2026)...

Starbucks v. NLRB (5th Cir. Sept. 4, 2026): Limits on NLRB Coercion Findings and Remedies—No Consequential Damages; No “Impossible” Reopening; Gissel Bargaining Order and Notice-Reading Sustained

Date: Sep 5, 2026

Limits on NLRB Coercion Findings and Remedies—No Consequential Damages; No “Impossible” Reopening; Gissel Bargaining Order and Notice-Reading Sustained Introduction In Starbucks Corporation v....

Summary Judgment Reversible Error: District Courts Must Analyze Self-Interested Testimony on Insurable Interest and Explain Their Reasons

Date: Sep 5, 2026

Summary Judgment Reversible Error: District Courts Must Analyze Self-Interested Testimony on Insurable Interest and Explain Their Reasons 1. Introduction Case: Marbury v. United National Insurance...

Mississippi Nonjudicial Foreclosure: Clerk-Signed Courthouse Posting Evidence and No Statutory Duty to Accept Partial Reinstatement Payments Under § 89-1-59

Date: Sep 5, 2026

Mississippi Nonjudicial Foreclosure: Clerk-Signed Courthouse Posting Evidence and No Statutory Duty to Accept Partial Reinstatement Payments Under § 89-1-59 I. Introduction In Snell v. 21st Mortgage...

Sterling v. City of Jackson: No Substantive Due Process Right to Contaminant-Free Municipal Water or Truthful Official Assurances About Water Safety

Date: Sep 5, 2026

Sterling v. City of Jackson: No Substantive Due Process Right to Contaminant-Free Municipal Water or Truthful Official Assurances About Water Safety Introduction In Sterling v. City of Jackson (5th...

Home Invasion as a “Dangerousness” Predicate Upholding 18 U.S.C. § 922(g)(1) After Hembree

Date: Sep 5, 2026

Home Invasion as a “Dangerousness” Predicate Upholding 18 U.S.C. § 922(g)(1) After Hembree 1. Introduction In United States v. Lewis (5th Cir. Sept. 4, 2026) (per curiam) (unpublished), the Fifth...

Constructive “Application for Admission” After Unlawful Entry Validates Expedited Removal as a § 1326 Predicate (Fifth Circuit)

Date: Sep 4, 2026

Constructive “Application for Admission” After Unlawful Entry Validates Expedited Removal as a § 1326 Predicate (Fifth Circuit) 1. Introduction In United States v. Escobedo-Gomez (5th Cir. Sept. 3,...

FLSA Salary-Basis Rule: Comp-Time and Hypothetical Docking Do Not Defeat Exempt Status Absent an Actual Pay-Reduction Practice

Date: Sep 4, 2026

FLSA Salary-Basis Rule: Comp-Time and Hypothetical Docking Do Not Defeat Exempt Status Absent an Actual Pay-Reduction Practice Moreau v. Harris County (5th Cir. Sept. 3, 2026) — No. 25-20045 1....

Separate-Contract Endorsements Bar Convention Arbitration Against Domestic Insurers, but Related Domestic Litigation May Be Stayed Pending Foreign-Insurer Arbitration

Date: Sep 4, 2026

Separate-Contract Endorsements Bar Convention Arbitration Against Domestic Insurers, but Related Domestic Litigation May Be Stayed Pending Foreign-Insurer Arbitration Case: Transportation...

Rule 39(b) “Strong and Compelling Reasons” Standard: Eleventh-Hour Conversion of a Scheduled Jury Trial to a Bench Trial Is an Abuse of Discretion When the Parties Had Clear Notice of a Jury Request

Date: Sep 4, 2026

Rule 39(b) “Strong and Compelling Reasons” Standard: Eleventh-Hour Conversion of a Scheduled Jury Trial to a Bench Trial Is an Abuse of Discretion When the Parties Had Clear Notice of a Jury Request...

Channeling Coast Guard S&R Challenges to the NTSB Review Scheme While Treating Raise-of-Grade Denials as Independently Reviewable Final Agency Action

Date: Sep 4, 2026

Channeling Coast Guard S&R Challenges to the NTSB Review Scheme While Treating Raise-of-Grade Denials as Independently Reviewable Final Agency Action 1. Introduction Mullen v. Mullin (5th Cir. Sept....

Post-Floyd Indivisibility of Texas Robbery Eliminates Garrett Harmlessness for Johnson ACCA Residual-Clause Errors

Date: Sep 3, 2026

Post-Floyd Indivisibility of Texas Robbery Eliminates Garrett Harmlessness for Johnson ACCA Residual-Clause Errors I. Introduction In United States v. Senegal (5th Cir. Aug. 31, 2026) (not designated...

Hybrid Weekly Salary + Day-Rate Plans Fall Under 29 C.F.R. § 541.602(a), and Equitable Tolling After FLSA Decertification Is Not Automatic

Date: Sep 3, 2026

Hybrid Weekly Salary + Day-Rate Plans Fall Under 29 C.F.R. § 541.602(a), and Equitable Tolling After FLSA Decertification Is Not Automatic 1. Introduction In Boudreaux v. Schlumberger TechCourt (5th...

Stipulating to SORNA Tier III Invites Error Reviewable Only for Manifest Injustice; Forced-Medication Conditions Are Unripe Absent an Actual Prescription

Date: Sep 3, 2026

Stipulating to SORNA Tier III Invites Error Reviewable Only for Manifest Injustice; Forced-Medication Conditions Are Unripe Absent an Actual Prescription 1. Introduction United States v. Dominguez...

Post-Decision Supreme Court Authority Cannot “Clearly Establish” Prior Conduct for Qualified Immunity (and Conclusory Monell Pleading Fails Under Twombly)

Date: Sep 3, 2026

Post-Decision Supreme Court Authority Cannot “Clearly Establish” Prior Conduct for Qualified Immunity (and Conclusory Monell Pleading Fails Under Twombly) Case: Smith v. Locker, No. 25-50862 (5th...

Qualified Immunity for Late-Arriving Bystander Officers During a Short Canine Bite: No Clearly Established Duty to Intervene Absent an Analogous Precedent

Date: Sep 3, 2026

Qualified Immunity for Late-Arriving Bystander Officers During a Short Canine Bite: No Clearly Established Duty to Intervene Absent an Analogous Precedent Case: Thomas v. Bruss (5th Cir. Sept. 2,...

Tazo v. Blanche: Generalized Country Conditions and Uncorroborated Harm Do Not Salvage CAT Claims After an Adverse Credibility Finding

Date: Sep 3, 2026

Tazo v. Blanche: Generalized Country Conditions and Uncorroborated Harm Do Not Salvage CAT Claims After an Adverse Credibility Finding 1. Introduction In Tazo v. Blanche (5th Cir. Sept. 2, 2026)...

APA Review of ESA Fishery Rules: Substantial Evidence and Notice-and-Comment Limits on Post‑Hoc Data

Date: Sep 2, 2026

APA Review of ESA Fishery Rules: Substantial Evidence and Notice-and-Comment Limits on Post‑Hoc Data Case: LA Shrimp Association v. Lutnick (5th Cir. Aug. 28, 2026) (unpublished) Court: United States...

IDEA Initial Evaluations Require All-or-Nothing Parental Consent; No FAPE Duty (and Duplicative ADA Relief) Without Consent

Date: Sep 2, 2026

IDEA Initial Evaluations Require All-or-Nothing Parental Consent; No FAPE Duty (and Duplicative ADA Relief) Without Consent I. Introduction In M. v. Aledo Independent School District (5th Cir. Aug....