Dow Construction v. BPX Operating: The Fifth Circuit Redefines “Unleased Interests,” Expands Forfeiture to Post-Production Costs, and Imposes a One-Year Prescriptive Period Under Louisiana...
United States v. Jackson: Fifth Circuit Clarifies Limits on Sua Sponte “Edwards Competency” Hearings for Self-Represented Defendants Introduction In United States v. Jackson, No. 23-30683 (5th Cir....
Morrow v. Jones: The Fifth Circuit Declares Rule 23(h) Notice a Non-Forfeitable Prerequisite to Attorney-Fee Awards Introduction Morrow v. Jones (United States Court of Appeals for the Fifth Circuit,...
Qualified Immunity and Defensive Return Fire in Human-Shield Hostage Encounters Introduction This appeal arises from the tragic death of three-month-old La’Mello Parker, who was held by his father as...
Macias v. Bexar County: Reinforcing Rule 16 Good Cause and Monell Liability Requirements Introduction Macias v. Bexar County is a Fifth Circuit decision issued on June 6, 2025. It arose from the...
Full Faith and Credit Bars Relitigation of State-Court Defenses in Federal Civil-Rights Suits Introduction Odeh v. Butler is a Fifth Circuit decision clarifying how federal courts must apply...
Paz v. Hayden: Failure to Rebut Qualified Immunity Bars §1983 Illegal Search Claims Introduction In Paz v. Hayden, No. 24-20226 (5th Cir. June 6, 2025), Richard Allen Paz sued a group of Texas...
Constitutional Scope of § 922(g)(1) for Burglary Convicts & Sentencing Enhancement via Attempted First-Degree Murder Cross-Reference Introduction United States v. Lopez, 24-50182 (5th Cir. June 6,...
Non-Finality of Denial Without Prejudice of Motion to Dissolve Writ of Garnishment Under 28 U.S.C. §1291 Introduction Natour v. Bank of America, decided by the United States Court of Appeals for the...
Reasonable Limits on Discovery Access for Pro Se Incarcerated Defendants: United States v. Black Introduction United States v. Black (5th Cir. 2025) arises from the conviction of Brian Deboris Black...
Aiding-and-Abetting Liability under the Anti-Kickback Statute for Pharmaceutical Marketers Introduction United States v. Cockerell is a Fifth Circuit decision handed down on June 5, 2025, affirming...
Circumstantial Inference of Recklessness in Aircraft Laser Offenses: United States v. Roberson Introduction United States v. Roberson (5th Cir. 2025) addresses the sentencing enhancement under...
Receivership Supersession of Turnover Orders and Mootness in Post-Judgment Proceedings Introduction In Weslease 2018 Operating, L.P. v. Behan, 24-10246 (5th Cir. June 5, 2025), the Fifth Circuit...
Post-Appeal Receivership Appointments Moot Turnover and Enforcement Order Appeals Introduction This commentary examines the Fifth Circuit’s decision in Weslease 2018 Operating, L.P. v. Behan (No....
Supersession of Turnover and Enforcement Orders by Subsequent Receivership Appointment Introduction This commentary examines the United States Court of Appeals for the Fifth Circuit’s per curiam...
Receivership Supersession as a Mootness Rule: Weslease 2018 v. Behan Introduction In Weslease 2018 Operating, L.P. v. Behan, the Fifth Circuit addressed the interplay between turnover orders under...
Receivership Supersession Doctrine: Superseding Turnover Orders and Mootness in Fifth Circuit Introduction In Weslease 2018 Operating, L.P. v. Behan, Nos. 24-10246 et al., the United States Court of...
Clarifying the Governmental-Action Exclusion and Appraisal Rights in Homeowner’s Insurance Policies: Wright v. ASI Lloyds 1. Introduction Wright v. ASI Lloyds, decided June 5, 2025 by the Fifth...
Municipal Demolition and the Governmental-Action Exclusion in Homeowner Policies Introduction Wright v. ASI Lloyds (5th Cir. June 5, 2025) establishes that a homeowner’s insurer may invoke a...
The Zook Principle Reaffirmed: Parallel State Laws Incorporating Federal Standards Are Not Preempted 1. Introduction In Zyla Life Sciences, L.L.C. v. Wells Pharma of Houston, L.L.C. (No. 23-20533,...