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  • Commentaries
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reaffirming-tellabs:-sixth-circuit-establishes-correct-& Case Commentaries

“Exhaustion as Accrual” – Brook v. Holzerland and the Fifth Circuit’s Clarification of FOIA & Privacy Act Limitation Periods

“Exhaustion as Accrual” – Brook v. Holzerland and the Fifth Circuit’s Clarification of FOIA & Privacy Act Limitation Periods

Date: Aug 13, 2025
“Exhaustion as Accrual” – Brook v. Holzerland and the Fifth Circuit’s Clarification of FOIA & Privacy Act Limitation Periods I. Introduction Brook v. Holzerland, Nos. 24-40640 & 25-40014 (5th Cir....
“Constructive Exhaustion Sets the Clock” – Commentary on Brook v. Holzerland (5th Cir. 2025)

“Constructive Exhaustion Sets the Clock” – Commentary on Brook v. Holzerland (5th Cir. 2025)

Date: Aug 13, 2025
“Constructive Exhaustion Sets the Clock” – Fifth Circuit Clarifies FOIA & Privacy Act Accrual and Rejects Continuing-Violation Tolling Introduction Brook v. Holzerland, Nos. 24-40640 & 25-40014 (5th...
No Forgiveness Without Eligibility: Fifth Circuit Defines PPP Loan-Forgiveness Limits in Bruckner Truck Sales v. Guzman (2025)

No Forgiveness Without Eligibility: Fifth Circuit Defines PPP Loan-Forgiveness Limits in Bruckner Truck Sales v. Guzman (2025)

Date: Aug 13, 2025
No Forgiveness Without Eligibility: Fifth Circuit Defines PPP Loan-Forgiveness Limits in Bruckner Truck Sales v. Guzman (2025) 1. Introduction The Fifth Circuit’s decision in Bruckner Truck Sales,...
“Performance Alone Does Not Rebut Article 1947” – A Comprehensive Commentary on CAM Logistics v. Pratt Industries

“Performance Alone Does Not Rebut Article 1947” – A Comprehensive Commentary on CAM Logistics v. Pratt Industries

Date: Aug 13, 2025
“Performance Alone Does Not Rebut Article 1947” CAM Logistics, L.L.C. v. Pratt Industries — Fifth Circuit, 2025 1. Introduction This appeal presented the Fifth Circuit with a deceptively simple...
Commentary on Doe v. Kerrville ISD: “Parental Obstruction as a Shield – Refining Deliberate-Indifference Standards under Title IX and § 1983”

Commentary on Doe v. Kerrville ISD: “Parental Obstruction as a Shield – Refining Deliberate-Indifference Standards under Title IX and § 1983”

Date: Aug 13, 2025
Parental Obstruction as a Shield – Refining Deliberate-Indifference Standards under Title IX and § 1983 Introduction In Doe v. Kerrville ISD, No. 24-50394 (5th Cir. Aug. 6 2025), the United States...
Unsupported Allegations and PADS Waivers: Fifth Circuit Narrows Mississippi’s McArn Exceptions in Greene v. Entergy Operations

Unsupported Allegations and PADS Waivers: Fifth Circuit Narrows Mississippi’s McArn Exceptions in Greene v. Entergy Operations

Date: Aug 13, 2025
Unsupported Allegations and PADS Waivers: Fifth Circuit Narrows Mississippi’s McArn Exceptions in Greene v. Entergy Operations 1. Introduction In Greene v. Entergy Operations, Inc., No. 24-60603 (5th...
Huffman v. Activision – Re-affirming Broad District-Court Discretion to Deny Attorney’s Fees under 17 U.S.C. § 505

Huffman v. Activision – Re-affirming Broad District-Court Discretion to Deny Attorney’s Fees under 17 U.S.C. § 505

Date: Aug 13, 2025
Huffman v. Activision – Re-affirming Broad District-Court Discretion to Deny Attorney’s Fees under 17 U.S.C. § 505 1. Introduction The Fifth Circuit’s unpublished opinion in Huffman v. Activision...
United States v. Bevers: Fifth Circuit Reinforces the Need for Express Paroline-Based Findings When Awarding Multi-Victim Restitution

United States v. Bevers: Fifth Circuit Reinforces the Need for Express Paroline-Based Findings When Awarding Multi-Victim Restitution

Date: Aug 13, 2025
United States v. Bevers: Fifth Circuit Reinforces the Need for Express Paroline-Based Findings When Awarding Multi-Victim Restitution Introduction United States v. Bevers (5th Cir. Aug. 6, 2025)...
United States v. Morgan: Fifth Circuit Confirms the “Going-Armed” Historical Analogue and Admits Predicate-Offense Facts in As-Applied Second-Amendment Challenges

United States v. Morgan: Fifth Circuit Confirms the “Going-Armed” Historical Analogue and Admits Predicate-Offense Facts in As-Applied Second-Amendment Challenges

Date: Aug 13, 2025
United States v. Morgan: Fifth Circuit Confirms the “Going-Armed” Historical Analogue and Admits Predicate-Offense Facts in As-Applied Second-Amendment Challenges 1. Introduction United States v....
United States v. Quezada-Atayde: Fifth Circuit Clarifies that Oral Adoption of the PSR Satisfies the Pronouncement Requirement for Special Supervised-Release Conditions

United States v. Quezada-Atayde: Fifth Circuit Clarifies that Oral Adoption of the PSR Satisfies the Pronouncement Requirement for Special Supervised-Release Conditions

Date: Aug 13, 2025
United States v. Quezada-Atayde: Fifth Circuit Clarifies that Oral Adoption of the PSR Satisfies the Pronouncement Requirement for Special Supervised-Release Conditions Introduction United States v....
Collateral Review Waivers Survive Post-Taylor Challenges – An Analysis of United States v. Smith (5th Cir. 2025)

Collateral Review Waivers Survive Post-Taylor Challenges – An Analysis of United States v. Smith (5th Cir. 2025)

Date: Aug 13, 2025
Collateral Review Waivers Survive Post-Taylor Challenges – United States v. Smith, No. 23-50619 (5th Cir. Aug. 6, 2025) 1. Introduction The Fifth Circuit’s unpublished per curiam decision in United...
Pleading Into Exemption: The Fifth Circuit Clarifies That Non-Payment Does Not Defeat the FLSA Highly-Compensated Employee Exemption

Pleading Into Exemption: The Fifth Circuit Clarifies That Non-Payment Does Not Defeat the FLSA Highly-Compensated Employee Exemption

Date: Aug 13, 2025
Pleading Into Exemption: The Fifth Circuit Clarifies That Non-Payment Does Not Defeat the FLSA Highly-Compensated Employee Exemption Introduction In Wells v. Lottery.com, No. 25-50037 (5th Cir. Aug....
Refusal Plus Alcohol Indicators Equals Probable Cause – Commentary on Wood v. Bexar County (5th Cir. 2025)

Refusal Plus Alcohol Indicators Equals Probable Cause – Commentary on Wood v. Bexar County (5th Cir. 2025)

Date: Aug 13, 2025
Refusal Plus Alcohol Indicators Equals Probable Cause – Fifth Circuit Clarifies DWI Arrest Standard in Wood v. Bexar County 1. Introduction The United States Court of Appeals for the Fifth Circuit...
Wood v. Patton and the “Illusory-Right” Argument: Statistical Denial Rates Alone Cannot Establish a Due-Process Violation in Post-Conviction DNA Statutes

Wood v. Patton and the “Illusory-Right” Argument: Statistical Denial Rates Alone Cannot Establish a Due-Process Violation in Post-Conviction DNA Statutes

Date: Aug 13, 2025
Wood v. Patton and the “Illusory-Right” Argument: Statistical Denial Rates Alone Cannot Establish a Due-Process Violation in Post-Conviction DNA Statutes Introduction Wood v. Patton, No. 25-70004...
“Fair-Chance” Actuarial Estimates: The Sixth Circuit’s 50/50 Rule for ERISA Withdrawal Liability — Ace-Saginaw Paving Co. v. Operating Engineers Local 324 Pension Fund

“Fair-Chance” Actuarial Estimates: The Sixth Circuit’s 50/50 Rule for ERISA Withdrawal Liability — Ace-Saginaw Paving Co. v. Operating Engineers Local 324 Pension Fund

Date: Aug 13, 2025
“Fair-Chance” Actuarial Estimates: The Sixth Circuit’s 50/50 Rule for ERISA Withdrawal Liability — Ace-Saginaw Paving Co. v. Operating Engineers Local 324 Pension Fund Introduction Ace-Saginaw Paving...
“The 50/50 Best-Estimate Rule”: Commentary on Ace-Saginaw Paving Co. v. Operating Engineers Local 324 Pension Fund

“The 50/50 Best-Estimate Rule”: Commentary on Ace-Saginaw Paving Co. v. Operating Engineers Local 324 Pension Fund

Date: Aug 13, 2025
“The 50/50 Best-Estimate Rule” under ERISA § 1393: A Comprehensive Commentary on Ace-Saginaw Paving Co. v. Operating Engineers Local 324 Pension Fund, 25 F.4th 1288 (6th Cir. 2025) Introduction...
No Associational Standing Without a Direct Nexus: Sixth Circuit Bars Forum-Shopping by Regional Trade Associations

No Associational Standing Without a Direct Nexus: Sixth Circuit Bars Forum-Shopping by Regional Trade Associations

Date: Aug 13, 2025
No Associational Standing Without a Direct Nexus: Sixth Circuit Bars Forum-Shopping by Regional Trade Associations Introduction In Dayton Area Chamber of Commerce v. Robert F. Kennedy, Jr., No....
“Direct-Government-Notice” Rule for Pleading Manufacturer Knowledge – A Commentary on Jodi Tapply v. Whirlpool Corp., 25a0212p.06 (6th Cir. 2025)

“Direct-Government-Notice” Rule for Pleading Manufacturer Knowledge – A Commentary on Jodi Tapply v. Whirlpool Corp., 25a0212p.06 (6th Cir. 2025)

Date: Aug 13, 2025
“Direct-Government-Notice” Rule for Pleading Manufacturer Knowledge Commentary on Jodi Tapply v. Whirlpool Corp., Sixth Circuit, No. 23-1666 (Aug. 6 2025) 1. Introduction In Jodi Tapply v. Whirlpool...
Limiting Retributive Considerations in Supervised-Release Revocations: United States v. Hoyle (6th Cir. 2025)

Limiting Retributive Considerations in Supervised-Release Revocations: United States v. Hoyle (6th Cir. 2025)

Date: Aug 13, 2025
Limiting Retributive Considerations in Supervised-Release Revocations: United States v. Hoyle (6th Cir. 2025) 1. Introduction On 6 August 2025, the United States Court of Appeals for the Sixth...
United States v. Hoyle: Post-Esteras Prohibition on § 3553(a)(2)(A) Factors in Supervised-Release Revocation Sentences

United States v. Hoyle: Post-Esteras Prohibition on § 3553(a)(2)(A) Factors in Supervised-Release Revocation Sentences

Date: Aug 13, 2025
United States v. Hoyle: Post-Esteras Prohibition on § 3553(a)(2)(A) Factors in Supervised-Release Revocation Sentences 1. Introduction United States v. Malcolm L. Hoyle, Nos. 23-3977/3978 (6th Cir....
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