“Connected-To” Is Pure Fact: Fifth Circuit Bars Judicial Review of Causation Findings in VAWA Cancellation Commentary on Agwuegbo v. Bondi, No. 24-60388 (5th Cir. June 18 2025) 1. Introduction In...
Boone v. Rankin County: Fifth Circuit Adopts “Abuse-of-Discretion” Review for Compensatory Education Under IDEA Introduction In Boone v. Rankin County Public School District, No. 23-60333 (5th Cir....
Fifth Circuit Solidifies the “No-State-Action” Rule for Private Employer Vaccine Mandates: A Comprehensive Commentary on Bridges v. Methodist Hospital, No. 24-20483 (5th Cir. 2025) 1. Introduction In...
Brown v. Commissioner: Clarifying Claimant’s Burden to Establish Non-SGA Past Work at Step Four Introduction In Brown v. Commissioner, Social Security Administration, No. 24-11068 (5th Cir. 2025),...
No Credible Threat, No Standing: Fifth Circuit Clarifies Employer Standing in Pre-Enforcement Challenges to NLRB Guidance Introduction Burnett Specialists v. Cowen concerns five Texas-based staffing...
“Smith v. General Motors”: Fifth Circuit Re-Affirms Strict Timeliness, Exhaustion, and Limited Continuing-Violation Doctrine under the ADA Introduction In Smith v. General Motors, L.L.C.,...
Standing as a Gatekeeper: Fifth Circuit Restricts Post-Judgment Intervention for Private Unsealing Requests 1. Introduction In Yellow Rock, L.L.C. v. Axiall Corp., No. 24-30540 (5th Cir. June 17,...
Fifth Circuit Adopts Presumption of Consumer Reliance and Re-draws the Limits of FTC Monetary Redress – A Commentary on FTC v. ZAAPPAAZ Introduction In FTC v. ZAAPPAAZ, L.L.C., No. 24-20234 (5th Cir....
First Baptist Church II: Fifth Circuit Clarifies Mandate Rule, Law-of-the-Case, and Trial-Court Discretion on Remand Introduction In First Baptist Church of Iowa, Louisiana v. Church Mutual Insurance...
Gonzalez v. Walgreen: Fifth Circuit Affirms that Customer-Volunteers Are Not Agents and that “Source Knowledge” Alone Cannot Establish Premises-Liability Notice Introduction On 16 June 2025 the...
Subpoenaed but Not Shielded: Fifth Circuit Clarifies Limits of Lane-based Protection for Public-Employee Testimony Introduction Hamilton v. City of Wilmer, Texas is the Fifth Circuit’s latest foray...
United States v. Allam: Clarifying “Relevantly Similar” Historical Analogues for Modern School-Zone Firearm Restrictions Introduction United States v. Allam (5th Cir. 2025) addresses whether...
“From Passive to Active”: Anderson v. Estrada and the Fifth Circuit’s Refined Test for Active Resistance and Drive-Stun Taser Use Introduction Anderson v. Estrada, No. 24-20142 (5th Cir. June 13...
“Objective-Verifiability” as a Threshold for §1681i Claims: A Commentary on Reyes v. Equifax (5th Cir. 2025) 1. Introduction In Reyes v. Equifax Information Services, L.L.C., the United States Court...
United States v. Sanchez: Reaffirming Firearm Prohibitions for Presently-Intoxicated Controlled-Substance Users 1. Introduction United States v. Sanchez, No. 23-50293 (5th Cir. June 13, 2025) is a...
Yanez v. Dish Network: Fifth Circuit Abrogates the “Alford Exception” and Restricts Dismissals of Cases Stayed for Arbitration Introduction In Yanez v. Dish Network, L.L.C., No. 24-50580 (5th Cir....
No Private Right of Action under the No Surprises Act: Guardian Flight, L.L.C. & Med-Trans Corp. v. Health Care Service Corp. Introduction On 12 June 2025 the U.S. Court of Appeals for the Fifth...
Reinforcing Limited Judicial Review & Arbitral Immunity under the No Surprises Act: A Commentary on Guardian Flight, L.L.C. v. Aetna Health, Inc. (5th Cir. 2025) Introduction The Fifth Circuit’s...
Consolidating Judicial Review under the No Surprises Act: Fifth Circuit Confirms Exclusive FAA Grounds and Extends Arbitral Immunity to Certified IDR Entities Introduction Guardian Flight, L.L.C. v....
Clarifying the Limits of “Satisfaction” and “Settlement” Clauses in Chapter 11 Plans: Atlantic Maritime v. QuarterNorth Energy Introduction Atlantic Maritime Services, L.L.C. (“Atlantic”) and...