Interplay of Heck, Claim-Splitting, and Qualified Immunity: Accrual of Post-Trial Due Process Claims in § 1983 Actions Introduction The Fifth Circuit’s decision in Welsh v. Hester consolidates two...
Harmless-Error Review of ACCA “Different Occasions” Determinations Post-Erlinger Introduction United States v. Valencia, 22-50283 (5th Cir. May 15, 2025), confronts the intersection of the Armed...
Protecting Third-Party Contractual and Settlement Interests Through Timely Intervention Introduction In General Land Office v. Kinder, the Fifth Circuit addressed whether border-wall contractors and...
Identical‐Product‐Plus‐In‐State‐Injury: Expanding Specific Personal Jurisdiction Under Ford Introduction In Ethridge v. Samsung SDI Co. (5th Cir. 2025), a Texas resident sued Samsung SDI, a South...
Affirming the Historical Tradition of Disarming Felons: § 922(g)(1) and the Bruen Framework Introduction United States v. Brown, No. 24-60490 (5th Cir. May 14, 2025), addresses whether 18 U.S.C. §...
Exhaustion of FRA Certification Process as Prerequisite to ADA Qualification for Railroad Conductors Introduction Turner v. BNSF Railway (5th Cir. 2025) arises from Tracy Turner’s challenge under...
Limiting SBA’s Discretion: Personal Guaranties from Non-Owner Spouses Introduction Oldham v. SBA is an appeal decided May 14, 2025, by the United States Court of Appeals for the Fifth Circuit....
Stringent Mootness Standard for Voluntary Cessation of University Speech Policies Introduction The United States Court of Appeals for the Fifth Circuit in Speech First v. McCall (No. 23-50633, 2025)...
Limiting the “Capable-of-Repetition-Yet-Evading-Review” Exception in SEC No-Action Letter Appeals Introduction This case arises from a dispute between the National Center for Public Policy Research...
Rigorous Pleading Standards for Partnership Formation and Related Tort Claims Under Rule 12(b)(6) Introduction In Peykoff v. Cawley, the Fifth Circuit confronted a diversity suit arising from a...
Ensuring Complete Diversity: Fifth Circuit’s Remand for Jurisdictional Clarity in All About Property v. Midland Mortgage Introduction In All About Property, L.L.C. v. Midland Mortgage, No. 24-20092...
Competent Summary-Judgment Evidence of Qualification Required in §1981 Failure-to-Promote Claims Introduction Fry v. City of Hernando, 5th Cir. No. 24-60532 (May 13, 2025), presents a dispute between...
Delaware’s Director-by-Director Demand Futility Standard in Shareholder Derivative Suits: Ezell v. Dinges Introduction Ezell v. Dinges, 24-20050 (5th Cir. May 13, 2025), arises from a derivative...
Foreseeability Requirement for Firearm Enhancements under U.S.S.G. §2L1.1(b)(5)(C): United States v. Torrijos-Ruiz Introduction In United States v. Torrijos-Ruiz, 5th Cir. No. 24-50495 (May 13,...
Toxic‐Tort Causation: Admissibility of Expert Testimony Without Quantitative Dose in Ruffin v. BP Introduction In Ruffin v. BP Exploration & Production, Inc. (5th Cir. 2025), Floyd Ruffin sued BP for...
Requirement of Intended Third-Party Reliance in Fraud Claims: Daughtry v. Silver Fern Chemical Introduction Daughtry v. Silver Fern Chemical, decided by the United States Court of Appeals for the...
Qualified Immunity for Non-Final Decision-Makers in First Amendment Retaliation: Atkins v. Hopkins Introduction The Fifth Circuit’s decision in Atkins v. Hopkins (No. 24-60058, May 12, 2025)...
Application of Homicide Cross-Reference in Felon-in-Possession Sentencing under U.S.S.G. §2K2.1(c)(1)(B) Introduction United States v. McDowell, 5th Cir. No. 24-10292 (May 12, 2025), presents a...
Expansive Definition of “Crime of Child Abuse” Encompassing Attempted Online Solicitation: Sandoval Argueta v. Bondi Introduction Sandoval Argueta v. Bondi (5th Cir. May 9, 2025) clarifies the scope...
Clarification of Personal Jurisdiction and Contract Privity in Insurance Claims: Smith v. Aegon USA Introduction Smith v. Aegon USA, decided May 9, 2025 by the Fifth Circuit Court of Appeals,...