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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 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, 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 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) 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 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) 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 1. Introduction In Jones v. King,...
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) Introduction Hurricane Ida’s catastrophic...
“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 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 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) 1....
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) Introduction Boyd v. Cleara, L.L.C., No. 24-10609, decided...
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 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 Introduction The United States Court of Appeals for the...
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....