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  • Commentaries
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5th Circuit Case Commentaries

Beyond the Pleadings: Fifth Circuit Clarifies the Scope of Rule 54(c) and Rule 55(b) in Default-Judgment Awards – Comment on Hernandez v. Poveda

Beyond the Pleadings: Fifth Circuit Clarifies the Scope of Rule 54(c) and Rule 55(b) in Default-Judgment Awards – Comment on Hernandez v. Poveda

Date: Aug 6, 2025
Beyond the Pleadings: Fifth Circuit Clarifies the Scope of Rule 54(c) and Rule 55(b) in Default-Judgment Awards A Detailed Commentary on Hernandez v. Poveda, No. 24-20492 (5th Cir. Aug. 4, 2025) 1....
“Process Over Outcome” – Fifth Circuit Clarifies the Reasonable-Belief Defense in Pregnancy-Discrimination Terminations (Commentary on Richmond v. Team One Contract Services, L.L.C.)

“Process Over Outcome” – Fifth Circuit Clarifies the Reasonable-Belief Defense in Pregnancy-Discrimination Terminations (Commentary on Richmond v. Team One Contract Services, L.L.C.)

Date: Aug 6, 2025
“Process Over Outcome” – Fifth Circuit Clarifies the Reasonable-Belief Defense in Pregnancy-Discrimination Terminations Introduction Richmond v. Team One Contract Services, L.L.C. (No. 24-40815, 5th...
Collateral-Review Waivers Remain Enforceable Against Post-Davis § 924(c) Challenges – Commentary on United States v. Jones (5th Cir. 2025)

Collateral-Review Waivers Remain Enforceable Against Post-Davis § 924(c) Challenges – Commentary on United States v. Jones (5th Cir. 2025)

Date: Aug 6, 2025
Collateral-Review Waivers Remain Enforceable Against Post-Davis § 924(c) Challenges Commentary on United States v. Jones, 21-11185 (5th Cir. Aug. 4 2025) Introduction The United States Court of...
United States v. Nyandoro: Fifth Circuit Narrows the “Factual-Insufficiency” Exception and Re-Affirms that Constitutional Challenges Can Be Waived

United States v. Nyandoro: Fifth Circuit Narrows the “Factual-Insufficiency” Exception and Re-Affirms that Constitutional Challenges Can Be Waived

Date: Aug 6, 2025
United States v. Nyandoro: Fifth Circuit Narrows the “Factual-Insufficiency” Exception and Re-Affirms that Constitutional Challenges Can Be Waived Introduction United States v. Nyandoro, No. 23-10579...
“Material Means Material”: The Fifth Circuit Confirms that Voter-ID Number Matching Complies with § 10101(a)(2)(B)

“Material Means Material”: The Fifth Circuit Confirms that Voter-ID Number Matching Complies with § 10101(a)(2)(B)

Date: Aug 6, 2025
“Material Means Material”: The Fifth Circuit Confirms that Voter-ID Number Matching Complies with § 10101(a)(2)(B) 1. Introduction In United States v. Paxton, No. 23-50885 (5th Cir. Aug. 4 2025), the...
United States v. Robertson: The Fifth Circuit Affirms the Mandatory Nature of the Statutory Index in Guideline Selection

United States v. Robertson: The Fifth Circuit Affirms the Mandatory Nature of the Statutory Index in Guideline Selection

Date: Aug 6, 2025
United States v. Robertson: The Fifth Circuit Affirms the Mandatory Nature of the Statutory Index in Guideline Selection 1. Introduction Court: U.S. Court of Appeals for the Fifth Circuit Decision...
“Relating To” Re-Examined: Fifth Circuit Broadens the Scope of Predicate Sex-Offense Enhancements under 18 U.S.C. § 2252A(b)

“Relating To” Re-Examined: Fifth Circuit Broadens the Scope of Predicate Sex-Offense Enhancements under 18 U.S.C. § 2252A(b)

Date: Aug 6, 2025
“Relating To” Re-Examined: Fifth Circuit Broadens the Scope of Predicate Sex-Offense Enhancements under 18 U.S.C. § 2252A(b) 1. Introduction Case: United States v. Taylor, No. 24-20303 (5th Cir. Aug....
“From Jury-Room to Courtroom Immunity” — Fifth Circuit Clarifies that Presiding over a General Jury Assembly Is a Judicial Act Protected by Absolute Immunity

“From Jury-Room to Courtroom Immunity” — Fifth Circuit Clarifies that Presiding over a General Jury Assembly Is a Judicial Act Protected by Absolute Immunity

Date: Aug 5, 2025
“From Jury-Room to Courtroom Immunity” — Fifth Circuit Clarifies that Presiding over a General Jury Assembly Is a Judicial Act Protected by Absolute Immunity 1. Introduction In Jones v. King,...
United States v. Hernandez: Narrowing Remand under Rule 36 to True Clerical Errors

United States v. Hernandez: Narrowing Remand under Rule 36 to True Clerical Errors

Date: Aug 5, 2025
United States v. Hernandez: Narrowing Remand under Rule 36 to True Clerical Errors 1. Introduction In United States v. Hernandez, No. 24-11053 (5th Cir. Aug. 1, 2025), the United States Court of...
“Targeted Maritime Presumptions” – Case-by-Case Application of the Louisiana and Pennsylvania Rules after Gulf Island Shipyards v. LaShip (5th Cir. 2025)

“Targeted Maritime Presumptions” – Case-by-Case Application of the Louisiana and Pennsylvania Rules after Gulf Island Shipyards v. LaShip (5th Cir. 2025)

Date: Aug 5, 2025
“Targeted Maritime Presumptions” – Case-by-Case Application of the Louisiana and Pennsylvania Rules after Gulf Island Shipyards v. LaShip (5th Cir. 2025) Introduction Hurricane Ida’s catastrophic...
“No Blank-Check EEOC Charges” – Gomez v. Cameron County and the Strict Contours of Administrative Exhaustion

“No Blank-Check EEOC Charges” – Gomez v. Cameron County and the Strict Contours of Administrative Exhaustion

Date: Aug 2, 2025
“No Blank-Check EEOC Charges” – Gomez v. Cameron County and the Strict Contours of Administrative Exhaustion Introduction Gomez v. Cameron County, No. 24-40757 (5th Cir. July 30, 2025) is a...
Marbury v. United National Insurance: The Fifth Circuit Re-defines “Self-Serving” Evidence and Reaffirms Louisiana’s Expansive Concept of Insurable Interest

Marbury v. United National Insurance: The Fifth Circuit Re-defines “Self-Serving” Evidence and Reaffirms Louisiana’s Expansive Concept of Insurable Interest

Date: Jul 31, 2025
Marbury v. United National Insurance: The Fifth Circuit Re-defines “Self-Serving” Evidence and Reaffirms Louisiana’s Expansive Concept of Insurable Interest 1. Introduction In Marbury v. United...
“Pro Bono Representation as Political Contribution”: The Fifth Circuit Clarifies Pre-Enforcement Standing and Immunity in Institute for Free Speech v. Johnson

“Pro Bono Representation as Political Contribution”: The Fifth Circuit Clarifies Pre-Enforcement Standing and Immunity in Institute for Free Speech v. Johnson

Date: Jul 30, 2025
“Pro Bono Representation as Political Contribution”: The Fifth Circuit Clarifies Pre-Enforcement Standing and Immunity in Institute for Free Speech v. Johnson 1. Introduction The United States Court...
“When the Heat Itself Cries Out”: The Fifth Circuit’s Refined Standard for Deliberate Indifference to Extreme Temperatures in Texas Prisons – Commentary on Coones v. Cogburn (5th Cir. 2025)

“When the Heat Itself Cries Out”: The Fifth Circuit’s Refined Standard for Deliberate Indifference to Extreme Temperatures in Texas Prisons – Commentary on Coones v. Cogburn (5th Cir. 2025)

Date: Jul 30, 2025
“When the Heat Itself Cries Out” The Fifth Circuit’s Refined Standard for Deliberate Indifference to Extreme Temperatures in Texas Prisons – Commentary on Coones v. Cogburn (5th Cir. 2025) 1....
Post-Denial Medical Developments and the “Continuum of Reasonableness” Test under ERISA: A Commentary on Black v. Unum Life Insurance Co.

Post-Denial Medical Developments and the “Continuum of Reasonableness” Test under ERISA: A Commentary on Black v. Unum Life Insurance Co.

Date: Jul 30, 2025
Post-Denial Medical Developments and the “Continuum of Reasonableness” Test under ERISA: A Detailed Commentary on Black v. Unum Life Insurance Company (5th Cir. 2025) 1. Introduction This commentary...
“Actual Knowledge” as the Linchpin of Calder-Effects Personal Jurisdiction: A Detailed Commentary on Boyd v. Cleara, L.L.C. (5th Cir. 2025)

“Actual Knowledge” as the Linchpin of Calder-Effects Personal Jurisdiction: A Detailed Commentary on Boyd v. Cleara, L.L.C. (5th Cir. 2025)

Date: Jul 30, 2025
“Actual Knowledge” as the Linchpin of Calder-Effects Personal Jurisdiction: A Detailed Commentary on Boyd v. Cleara, L.L.C. (5th Cir. 2025) Introduction Boyd v. Cleara, L.L.C., No. 24-10609, decided...
United States v. Bennett – Federal Eminent-Domain Supremacy over State Trespass-Fixture Claims

United States v. Bennett – Federal Eminent-Domain Supremacy over State Trespass-Fixture Claims

Date: Jul 30, 2025
Federal Eminent-Domain Supremacy over State Trespass-Fixture Claims: A Commentary on United States v. Bennett (5th Cir. 2025) Introduction United States v. Bennett squarely addresses whether a...
“Previously Unavailable” Means “Possibly Meritorious”: Fifth Circuit Clarifies § 2244(b)(2)(A) in Johnson v. Guerrero

“Previously Unavailable” Means “Possibly Meritorious”: Fifth Circuit Clarifies § 2244(b)(2)(A) in Johnson v. Guerrero

Date: Jul 25, 2025
“Previously Unavailable” Means “Possibly Meritorious”: Fifth Circuit Clarifies § 2244(b)(2)(A) in Johnson v. Guerrero Introduction Johnson v. Guerrero, No. 23-70002 (5th Cir. 2025) tackles a...
Guaranteeing “Next-Available Position” Reinstatement: The Fifth Circuit’s Expansive Equitable Remedy in McMillian v. Aberdeen School District

Guaranteeing “Next-Available Position” Reinstatement: The Fifth Circuit’s Expansive Equitable Remedy in McMillian v. Aberdeen School District

Date: Jul 25, 2025
Guaranteeing “Next-Available Position” Reinstatement: The Fifth Circuit’s Expansive Equitable Remedy in McMillian v. Aberdeen School District Introduction The United States Court of Appeals for the...

        Fifth Circuit Reaffirms Strict Construction of 8 U.S.C. § 1326(d) 
        and Rejects Ninth Circuit’s Valdivia-Flores Approach:
        A Commentary on United States v. Ortiz-Rodriguez (2025)

Fifth Circuit Reaffirms Strict Construction of 8 U.S.C. § 1326(d) and Rejects Ninth Circuit’s Valdivia-Flores Approach: A Commentary on United States v. Ortiz-Rodriguez (2025)

Date: Jul 25, 2025
Fifth Circuit Reaffirms Strict Construction of 8 U.S.C. § 1326(d) and Rejects the “Later-Change-in-Law” Exception: United States v. Ortiz-Rodriguez 1. Introduction In United States v....
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