Clarifying Bankruptcy Fee Approval: Proper Use of §§328 and 330 in Assadi v. Osherow Introduction In Assadi v. Osherow, the Fifth Circuit confronted recurring fee disputes in a long-running Chapter 7...
Strict Enforcement of FTCA Presentment and Westfall Act Certification: Beary v. Harris County Introduction Beary v. Harris County (5th Cir. June 4, 2025) presents a federal appeals court’s guidance...
Establishing Nexus and Exhaustion Standards in Gang-Related Asylum Claims: Castellan-Barrera v. Bondi Introduction Castellan-Barrera v. Bondi, decided on June 4, 2025 by the United States Court of...
Pretext Standard in Failure-to-Promote Claims Affirmed: York v. Ezell Introduction The Fifth Circuit’s decision in Delton York v. Charles Ezell, No. 24-50770 (5th Cir. June 4, 2025), clarifies the...
Purposeful Availment and Limits on Personal Jurisdiction for Nonresident Association Defendants Introduction This commentary examines the Fifth Circuit’s decision in M. W. Prince Hall Grand Lodge,...
Mandatory Primacy of Arbitration Motions Under the Federal Arbitration Act Introduction This commentary examines the Fifth Circuit’s per curiam decision in Odom Industries, Inc. v. Sipcam Agro...
Non-Preclusion of Age Discrimination Claims under the RLA: Palova v. United Airlines Introduction In Palova v. United Airlines, the Fifth Circuit addressed whether the Railway Labor Act (“RLA”)...
Historical‐Tradition Standard Upholds Felon-in-Possession Prohibition under 18 U.S.C. § 922(g)(1) Introduction United States v. Betancourt, 24-20070 (5th Cir. June 4, 2025), presents an appeal by...
Upholding Federal Felon-in-Possession Ban: Section 922(g)(1) Constitutional Post-Bruen Introduction United States v. Branson is a Fifth Circuit decision affirming the conviction of Marcus Delars...
Defining True Threats in Cyberstalking Law: Upholding § 2261A(2)(B) Against First Amendment Challenges Introduction This commentary examines the Fifth Circuit’s decision in United States v. Jubert...
Government Forfeiture of Appeal-Waiver by Silence: Clarifying Jurisdiction and Forfeiture in United States v. Riojas Introduction United States v. Riojas, decided June 4, 2025 by the Fifth Circuit,...
Arvie v. Cathedral of Faith: Clarifying Rooker–Feldman, Younger Abstention, and Immunity in Pro Se Civil Rights Litigation Introduction In Arvie v. Cathedral of Faith, the Fifth Circuit addressed the...
Clarifying Qualified Immunity Limits for Excessive Force on Compliant Detainees Introduction Frosch v. Alsobrook is a 2025 Fifth Circuit decision that sharpens the boundary between permissible police...
Clarification of Jurisdictional Limits and Exhaustion Requirements in Cancellation of Removal Proceedings Introduction In Linares-Rivas v. Bondi, the United States Court of Appeals for the Fifth...
Clarifying Finality of Preliminary Forfeiture Orders and Rule 36 Correction Under Federal Rule 32.2 Introduction In United States v. Banks, 24-40221 (5th Cir. Jun. 3, 2025), the Fifth Circuit...
Rule 32.2 Forfeiture Finality: Preliminary Orders Become Final at Sentencing Introduction United States v. Banks, No. 24-40221 (5th Cir. June 3, 2025), addresses the question whether a criminal...
United States v. Brumfield: Clarifying Bodily Injury Enhancement Under USSG §2B3.1(b)(3)(A) and Plain-Error Prejudice Requirement Introduction This commentary examines the Fifth Circuit’s decision in...
Circumstantial Employment Allegations and Alter-Ego Liability in SOX Retaliation Claims 1. Introduction Vuoncino v. Forterra, decided June 3, 2025 by the Fifth Circuit Court of Appeals, arises out of...
Clarification of Review and Application of the Well-Settled Exception under the Hague Convention Introduction This commentary examines the Fifth Circuit’s June 2, 2025 decision in Brito Guevara v....
Standards for Constructive Knowledge and Spoliation Sanctions in Premises Liability 1. Introduction This commentary examines the Fifth Circuit’s decision in Keister v. Dolgencorp, No. 24-60356 (5th...