5th Circuit Case Commentaries

Affirmation of Removability and the Non-Tolling of the 180-Day Grace Period During Incarceration

Date: Mar 11, 2025

Affirmation of Removability and the Non-Tolling of the 180-Day Grace Period During Incarceration Introduction The case of Rajeev Gupta v. Pamela Bondi, U.S. Attorney General, decided by the United...

Clarifying the Admissibility of Extrinsic Evidence and Grand Jury Testimony Discrepancies: The Weaver Precedent

Date: Mar 11, 2025

Clarifying the Admissibility of Extrinsic Evidence and Grand Jury Testimony Discrepancies: The Weaver Precedent Introduction The case of United States of America v. Henry Weaver, decided by the...

Enforcement of Unambiguous Settlement Agreements and the Forfeiture of Unraised Fraud Claims

Date: Mar 11, 2025

Enforcement of Unambiguous Settlement Agreements and the Forfeiture of Unraised Fraud Claims Introduction This commentary examines the United States Court of Appeals for the Fifth Circuit's decision...

Clarifying "Effective Denial" in Injunction Requests: New Benchmarks for Interlocutory Appeals in Administrative Proceedings

Date: Mar 11, 2025

Clarifying "Effective Denial" in Injunction Requests: New Benchmarks for Interlocutory Appeals in Administrative Proceedings Introduction The case of Space Exploration Technologies Corp. v. National...

Clarifying Sentencing Enhancements for Ammunition Possession: Boundaries of § 2K2.1(b)(6)(B) in Light of Second Amendment Precedents

Date: Mar 11, 2025

Clarifying Sentencing Enhancements for Ammunition Possession: Boundaries of § 2K2.1(b)(6)(B) in Light of Second Amendment Precedents Introduction The case of United States of America v. Juan David...

Affirming Felon-In-Possession Convictions: Probationary Disarmament and the Historical Tradition in § 922(g)(1)

Date: Mar 11, 2025

Affirming Felon-In-Possession Convictions: Probationary Disarmament and the Historical Tradition in § 922(g)(1) Introduction This commentary reviews the recent opinion in United States of America v....

Title VII Exhaustion in the Fifth Circuit: Dismissal With Prejudice When the 180-Day EEOC Filing Window Has Expired

Date: Mar 11, 2025

Title VII Exhaustion in the Fifth Circuit: Dismissal With Prejudice When the 180-Day EEOC Filing Window Has Expired 1. Introduction In Morgan v. Bray (5th Cir. Mar. 10, 2025) (per curiam)...

Kafi v. Wells Fargo Bank: Holder-of-Note Standing and Conjunctive Proof for Texas Equitable Redemption

Date: Mar 11, 2025

Holder-of-Note Standing to Foreclose Persists Despite Alleged Deed-of-Trust Assignment Defects; Texas Equitable Redemption Requires Conjunctive Proof of Being “Ready, Willing, and Able” 1....

ERISA Preempts State-Law “Contract” Claims Seeking Additional Plan Benefits Despite Pension-Calculator Estimates; LWPA Covers Only Agreed-Upon Wages

Date: Mar 11, 2025

ERISA Preempts State-Law “Contract” Claims Seeking Additional Plan Benefits Despite Pension-Calculator Estimates; LWPA Covers Only Agreed-Upon Wages Case: Broussard v. Exxon Mobil Court: United...

Clarifying Inmate Protections: Prioritizing the Eighth Amendment over a Generalized Fourteenth Amendment Substantive Due Process Claim

Date: Mar 6, 2025

Clarifying Inmate Protections: Prioritizing the Eighth Amendment over a Generalized Fourteenth Amendment Substantive Due Process Claim Introduction This commentary examines the recent appellate...

Clarifying Restitution Award Calculations under 18 U.S.C. § 2259 in Child Pornography Cases

Date: Mar 6, 2025

Clarifying Restitution Award Calculations under 18 U.S.C. § 2259 in Child Pornography Cases Introduction The case of United States of America, Plaintiff-Appellee, v. Jeramias Sandstrom,...

Qualified Immunity under Scrutiny: Exception for Manipulated Identifications and Withheld Exculpatory Evidence in Fourth and Fourteenth Amendment Claims

Date: Mar 6, 2025

Qualified Immunity under Scrutiny: Exception for Manipulated Identifications and Withheld Exculpatory Evidence in Fourth and Fourteenth Amendment Claims Introduction The case of Desmond D. Green v....

Establishing the Cumulative Reasonable Suspicion Standard for Extended Traffic Stops Involving K-9 Deployments

Date: Mar 6, 2025

Establishing the Cumulative Reasonable Suspicion Standard for Extended Traffic Stops Involving K-9 Deployments Introduction The United States Court of Appeals for the Fifth Circuit, in the case of...

Clarifying Contractual Fault Lines: Prior Material Breach, Prejudgment Interest, and Injunctive Relief in Employment Disputes

Date: Mar 6, 2025

Clarifying Contractual Fault Lines: Prior Material Breach, Prejudgment Interest, and Injunctive Relief in Employment Disputes Introduction In Douglas Ramsey, Plaintiff-Appellee, v. Sheet Pile,...

Judicial Estoppel and the Ongoing Duty of Disclosure in Bankruptcy: A New Precedent on Debtor Consistency

Date: Mar 6, 2025

Judicial Estoppel and the Ongoing Duty of Disclosure in Bankruptcy: A New Precedent on Debtor Consistency Introduction The case of Thomas Keathley v. Buddy Ayers Construction, Incorporated addresses...

Clarifying Exempt Status and Limits on Retaliation Claims in Municipal Employment

Date: Mar 6, 2025

Clarifying Exempt Status and Limits on Retaliation Claims in Municipal Employment Introduction The case of Annette Rodriguez v. City of Corpus Christi represents a significant judicial determination...

Affirmation of Unpaid Mentorship as Non-Employment Under Title VII: The Threshold Remuneration Test Reaffirmed

Date: Mar 6, 2025

Affirmation of Unpaid Mentorship as Non-Employment Under Title VII: The Threshold Remuneration Test Reaffirmed Introduction The case of Cara Wessels Wells v. Texas Tech University; Samuel Prien;...

“Like Punishment” Under the ACA Permits Supervised Release After a State‑Maximum Prison Term: United States v. Flores (5th Cir. 2025)

Date: Mar 5, 2025

“Like Punishment” Under the ACA Permits Supervised Release After a State‑Maximum Prison Term United States v. Flores, No. 23‑50128 (5th Cir. Mar. 4, 2025) Introduction In United States v. Flores, the...

Expanding the Scope of Attorney Immunity: Shielding In-House Legal Counsel from Respondeat Superior Liability

Date: Mar 4, 2025

Expanding the Scope of Attorney Immunity: Shielding In-House Legal Counsel from Respondeat Superior Liability Introduction In the recent decision of United States of America, ex rel, Alex Doe,...

New Legal Precedent: Stringent Comparator and Causation Requirements under Title VII

Date: Mar 2, 2025

New Legal Precedent: Stringent Comparator and Causation Requirements under Title VII Introduction The case of Marcus Thornton v. University of Texas Southwestern Medical Center School of Medicine...