Reaffirmation of the Constitutionality of 18 U.S.C. § 922(g)(1) and Federal Jurisdictional Principles Introduction United States v. Gibson is a per curiam decision of the Fifth Circuit rendered on...
Categorical Validation of Tennessee Aggravated Assault as a Crime of Violence under U.S.S.G. §4B1.2 Introduction In United States v. Russell, 24-50075 (5th Cir. May 8, 2025), the Fifth Circuit...
Distinguishing Religious Belief and Practice Claims under Title VII: Carter v. Southwest Airlines 1. Introduction In Charlene Carter v. Southwest Airlines Company, 5th Cir. No. 23-10008 (May 8,...
Distinct Treatment of Religious Belief and Religious Practice Under Title VII Introduction This case arises from the 2025 decision of the United States Court of Appeals for the Fifth Circuit in...
Carter v. Local 556: Clarifying Religious Belief vs. Practice under Title VII and the Scope of RLA Remedies Introduction In Carter v. Local 556, 5th Cir. No. 23-10008 (May 8, 2025), flight attendant...
United States v. August: Affirmation of Broad Protective Sweep Doctrine and Independent Source Exception Introduction United States v. August is a Fifth Circuit decision rendered on May 8, 2025,...
Reaffirming Qualified Immunity Boundaries: Reasonable Threat Perception in Winkley v. Blackwell Introduction Winkley v. Blackwell, No. 24-60244 (5th Cir. May 8, 2025), represents a significant...
Intervening Amendment to U.S.S.G. § 4B1.2 Redefines Generic Robbery and Permits Reassessment of Circuit Precedent Introduction United States v. Wickware (5th Cir. 2025) addresses whether a 2023...
Portal Delivery Triggers Limitations Period; No Equitable Tolling for Portal Access Delays in Title VII Claims Introduction The case of Melissa A. Berry Smith v. Texas Children's Hospital, Inc....
Establishing the Constitutional Threshold for Judicial Impartiality: Unexceptional Campaign Contributions and Past Associations Do Not Violate Due Process Introduction Meade v. Bonin is a Fifth...
Qualified Immunity Shield for Non-Lethal Force Against Suicidal, Noncompliant Subjects: Cambre v. Gottardi Introduction In Cambre v. Gottardi, the Fifth Circuit addressed whether two Sheriff’s Office...
Constructive Denial and Interlocutory Jurisdiction in NLRB Proceedings Introduction Amazon.com Services LLC (“Amazon”) appealed the district court’s handling of its request for injunctive relief to...
Independent Jurisdictional Basis Required for Severed Settlement Enforcement Claims Introduction PNC Bank v. 2013 Travis Oak Creek, L.P. arises from a dispute over enforcement of a settlement...
Clarifying FOIA Exemption 6: Public Interest Outweighs Privacy in Disclosing Non-Policy-Making Employees’ Identities Introduction The Fifth Circuit’s decision in Texas Public Policy Foundation v....
Clarification of Child Find Obligations and FAPE Requirements for Dyslexic Students under IDEA 1. Introduction The Fifth Circuit’s decision in Moore-Watson v. Rankin County Public School District...
Non-Speculative Causation Required in Louisiana Slip-and-Fall Claims: Adger v. TA Operating Introduction In Adger v. TA Operating, L.L.C. (5th Cir. May 2, 2025), the Fifth Circuit clarified the...
Fifth Circuit Affirms Strict “Sworn To” Proof-of-Loss Requirement under SFIP and 28 U.S.C. § 1746 Introduction Woodland Villas Condominiums (“Woodland Villas”), a Louisiana condominium association,...
Inquiry-Triggered Fiduciary Duty and Ministerial Exception under ERISA: LeBoeuf v. Entergy Introduction LeBoeuf v. Entergy, 24-30583 (5th Cir. May 1, 2025), arises from an Employee Retirement Income...
Reed v. Goertz: The Fundamental Adequacy Standard for Postconviction DNA Testing Procedures Introduction Reed v. Goertz is a Fifth Circuit decision issued on May 1, 2025, following the Supreme...
Clarifying Transport-Related Exclusions: Application of Auto and Care, Custody & Control Exclusions in CGL & BAC Policies Introduction In Clear Blue Specialty Insurance Company v. Landrieu Concrete &...