Qualified Immunity Divides: Ordering Officer Can Face Liability for 30‑Hour “Hot‑Shower” Dry‑Cell; Subordinates Protected When Orders Are Not Facially Outrageous (Burkle v. Patrick, 5th Cir. 2025)...
NEPA’s Proximate-Effects Limit and the “No Incremental Impact” Safe Harbor: Fifth Circuit Clarifies Scope, Preservation, and Climate Analysis in Indigenous Peoples v. U.S. Army Corps of Engineers...
Similarity for Rule 404(b) May Rest on a Ballistics Identity Link; Limits on Bias Cross Concerning State Charges; Defendant‑Caused Delays Narrow Barker Clock — United States v. Stuart (5th Cir. 2025)...
No Actual Notice, No Discharge: Partial Assignment of a Louisiana Surface Lease Creates Privity Requiring Formal Bankruptcy Notice Commentary on Placid Oil, L.L.C. v. Avalon Farms, Inc., No. 23-11120...
Reaffirming Hays’s “Fragmentation” Doctrine: The Fifth Circuit Lacks Jurisdiction to Review Intervention Denials Once the Supreme Court Has the Merits Introduction In Callais v. Landry, No. 24-30177...
Post-Lora Double Jeopardy: Fifth Circuit Bars Cumulative Convictions Under 18 U.S.C. § 924(j) and Its Predicate Offense (e.g., § 1201 Kidnapping Resulting in Death) Introduction In United States v....
Prerequisite, Not Precondition: The Fifth Circuit Clarifies MDLEA “Jurisdiction” and Plea Validity in United States v. Franco Posligua Introduction This commentary examines the Fifth Circuit’s...
United States v. Schnur: Fifth Circuit confirms § 922(g)(1) constitutionally applies to felons with violent or theft predicates—even when the predicate offense did not involve a firearm Introduction...
Refusal to Show ID as “Interference with Public Duties”: Fifth Circuit Affirms Qualified and Official Immunity in Martinez v. Harris County Introduction In Martinez v. Harris County, Texas, No....
Residual-Loss Clauses in Lender‑Placed Policies Create Borrower Third‑Party Beneficiary Rights Under Louisiana Law; Consideration Not Required Under Civil Code art. 1978 Introduction In Williams v....
SIP Disapprovals Are Locally Applicable Actions; EPA Must Independently Assess State Good Neighbor SIPs But May Not Base Disapprovals on Post‑Submission Modeling Without a Reasoned Explanation...
No Penological Guesswork at Screening: Fifth Circuit Holds Punishment for Refusing a Religious Haircut Plausibly States a RLUIPA ‘Substantial Burden’ and First Amendment Claim Introduction In Johnson...
No Ultra Vires in Temporary BIA Reappointments: § 1103(g)(1) Authorizes Attorney General Reappointments; 8 C.F.R. § 1003.1(a)(4) Imposes No Cap on Renewals Case: Ayala Chapa v. Bondi, No. 21-60039...
Repair-Cost Estimates Alone Are Insufficient to Defeat Summary Judgment under Texas’s Concurrent-Causation Doctrine Introduction In Mitchell v. Praetorian Insurance, the United States Court of...
Judicial Clarification on Consecutive Revocation Sentencing: The Rosales Decision Introduction The United States Court of Appeals for the Fifth Circuit issued a significant ruling in United States of...
Clarifying Appellate Limitations on Downward Departures under Amendment 821 Introduction The case of United States of America v. Joel Garcia Elizondo, Jr. addresses a critical issue regarding the...
Establishing Limits on Antitrust Conspiracy Claims: Petitioning Conduct and Refusal to Deal Under Scrutiny Introduction This commentary examines the recent decision rendered by the United States...
Clarifying Tax Evasion: Affirmation of Willfulness Without a Fraud or Deceit Requirement Introduction The case of United States of America v. Melissa Rose Barrett presents a critical examination of...
Establishing FLSA Enterprise Coverage Through the Handling Clause: A New Precedent Introduction The present Judgment, rendered by the United States Court of Appeals for the Fifth Circuit on March 17,...
United States v. Lehew: Appeal Waivers and Implicit Indigency Analysis Under the JVTA Special Assessment Introduction United States v. Lehew (5th Cir. 2025) addresses whether a defendant’s appeal...