5th Circuit Case Commentaries

No Right to Vote on a Particular Schedule: The Fifth Circuit Upholds Mid‑Cycle Redistricting and Treats “Vote Postponement” as Non-Disenfranchisement

Date: Nov 1, 2025

No Right to Vote on a Particular Schedule: The Fifth Circuit Upholds Mid‑Cycle Redistricting and Treats “Vote Postponement” as Non-Disenfranchisement Introduction In Jackson v. Tarrant County, the...

No End-Run Around Louisiana’s LHEPA: Plaintiffs Must Plausibly Plead Gross Negligence or Willful Misconduct—and Relabeling as Contract Won’t Avoid the Shield (Ware v. Irving Place, 5th Cir. 2025)

Date: Nov 1, 2025

No End-Run Around Louisiana’s LHEPA: Plaintiffs Must Plausibly Plead Gross Negligence or Willful Misconduct—and Relabeling as Contract Won’t Avoid the Shield Ware v. Irving Place (5th Cir. Oct. 29,...

Belknap v. Spinks: Clearly Established Bar on Housing Known‑Suicidal Detainees with Loose Bedding and Tie‑Off Points; No Deliberate‑Indifference Claim for Failure to Render Aid Absent Belief of Rescuability

Date: Oct 31, 2025

Belknap v. Spinks: Clearly Established Bar on Housing Known‑Suicidal Detainees with Loose Bedding and Tie‑Off Points; No Deliberate‑Indifference Claim for Failure to Render Aid Absent Belief of...

Manageable Lines and Cost Causation: Fifth Circuit Clarifies NEPA Scope and Predeterminations under the Natural Gas Act

Date: Oct 31, 2025

Manageable Lines and Cost Causation: Fifth Circuit Clarifies NEPA Scope and Predeterminations under the Natural Gas Act Introduction In Columbia Riverkeeper v. FERC, Nos. 24-60002, 24-60197,...

Managing NEPA’s “Manageable Line” and Immediate Review of FERC Predetermination Denials: The Fifth Circuit’s Framework in Gas Transmission NW v. FERC

Date: Oct 31, 2025

Managing NEPA’s “Manageable Line” and Immediate Review of FERC Predetermination Denials: The Fifth Circuit’s Framework in Gas Transmission NW v. FERC Introduction In Gas Transmission NW v. FERC (5th...

No Presumption of Rolled‑In Rates for Oversized § 2.55(b) Replacements; Fifth Circuit Endorses FERC’s “Manageable Line” NEPA Scope After Seven County

Date: Oct 31, 2025

No Presumption of Rolled‑In Rates for Oversized § 2.55(b) Replacements; Fifth Circuit Endorses FERC’s “Manageable Line” NEPA Scope After Seven County Introduction This consolidated Fifth Circuit...

Church Autonomy as Structural Immunity—Not Rule 12(b)(1)—and Its Application to Non‑Hierarchical Ministries and Third‑Party Interference: Commentary on McRaney v. North American Mission Board (5th Cir. Oct. 28, 2025)

Date: Oct 31, 2025

Church Autonomy as Structural Immunity—Not Rule 12(b)(1)—and Its Application to Non‑Hierarchical Ministries and Third‑Party Interference: Commentary on McRaney v. North American Mission Board (5th...

CTR-Compliance Delays Are Not § 1981 Contract Impairment; Unpreserved Qualified-Immunity Challenges Reviewed Only for Plain Error — Randle v. PNC Financial (5th Cir. 2025)

Date: Oct 31, 2025

CTR-Compliance Delays Are Not § 1981 Contract Impairment; Unpreserved Qualified-Immunity Challenges Reviewed Only for Plain Error — Randle v. PNC Financial (5th Cir. 2025) Court: United States Court...

NEPA’s “Manageable Line,” § 2.55(b) Replacements, and Rolled‑In Rate Predeterminations: The Fifth Circuit’s Framework in State of Washington v. FERC (GTN Xpress)

Date: Oct 31, 2025

NEPA’s “Manageable Line,” § 2.55(b) Replacements, and Rolled‑In Rate Predeterminations: The Fifth Circuit’s Framework in State of Washington v. FERC (GTN Xpress) Introduction In State of Washington...

Fifth Circuit Holds § 2422(b) “Sexual Activity” Includes Nonphysical Conduct, Affirming Attempted Coercion to Produce Lascivious Images

Date: Oct 31, 2025

Fifth Circuit Holds § 2422(b) “Sexual Activity” Includes Nonphysical Conduct, Affirming Attempted Coercion to Produce Lascivious Images Introduction United States v. Jimenez, No. 24-40703 (5th Cir....

United States v. Hernandez-Adame: Fifth Circuit Confirms that “Entry” Under § 1326 Requires Freedom from Official Restraint, but Treats It as a Definitional Concept Within Trial Courts’ Instructional Discretion

Date: Oct 28, 2025

United States v. Hernandez-Adame: Fifth Circuit Confirms that “Entry” Under § 1326 Requires Freedom from Official Restraint, but Treats It as a Definitional Concept Within Trial Courts’ Instructional...

Hermann Estoppel Revived and Provider Assignments Clarified: The Fifth Circuit’s Framework for Out‑of‑Network ERISA Claims in Angelina Emergency Med. v. Blue Cross

Date: Oct 27, 2025

Hermann Estoppel Revived and Provider Assignments Clarified: The Fifth Circuit’s Framework for Out‑of‑Network ERISA Claims in Angelina Emergency Med. v. Blue Cross Introduction In Angelina Emergency...

No Statutory Lanham Act Damages Without a Registered Mark: Fifth Circuit Vacates Awards and Clarifies Limits on Attorney Immunity in Lewis Brisbois v. Bitgood

Date: Oct 27, 2025

No Statutory Lanham Act Damages Without a Registered Mark: Fifth Circuit Vacates Awards and Clarifies Limits on Attorney Immunity in Lewis Brisbois v. Bitgood Introduction In an unpublished but...

No Post‑Termination Royalties Absent Express Language: “Developed and Manufactured During the Initial Term” Means What It Says

Date: Oct 27, 2025

No Post‑Termination Royalties Absent Express Language: “Developed and Manufactured During the Initial Term” Means What It Says Case: Strategy and Execution, Inc. v. Black Rifle Coffee Company,...

Arzamendi v. Hegseth: Rescission of Federal Vaccine Mandate Does Not Moot Damages Claims; Religious Accommodation Pleadings Must Specifically Tie Beliefs to Testing/Masking Protocols

Date: Oct 27, 2025

Arzamendi v. Hegseth: Rescission of Federal Vaccine Mandate Does Not Moot Damages Claims; Religious Accommodation Pleadings Must Specifically Tie Beliefs to Testing/Masking Protocols Introduction In...

Survival Clauses Cannot Create Post‑Termination Renewal Commission Rights Under Maryland Law: Sims Agency v. GEICO (5th Cir. 2025)

Date: Oct 25, 2025

Survival Clauses Cannot Create Post‑Termination Renewal Commission Rights Under Maryland Law: Sims Agency v. GEICO (5th Cir. 2025) Introduction In Sims Agency, L.L.C. v. Government Employees...

Torres v. Rubio: § 1503(a) Citizenship Suits Are De Novo and Not Bound by Passport “Primary/Secondary Evidence” Regulations

Date: Oct 25, 2025

Torres v. Rubio: § 1503(a) Citizenship Suits Are De Novo and Not Bound by Passport “Primary/Secondary Evidence” Regulations Introduction In Torres v. Rubio, No. 24-40685 (5th Cir. Oct. 21, 2025)...

Pattern-of-Coercion Suffices for § 1591; Social-Media “Pimping” Memes Are Admissible Under Rule 404(b): A Comprehensive Commentary on United States v. Lewis (5th Cir. 2025)

Date: Oct 25, 2025

Pattern-of-Coercion Suffices for § 1591; Social-Media “Pimping” Memes Are Admissible Under Rule 404(b) Comprehensive Commentary on United States v. Lewis, No. 24-20235 (5th Cir. Oct. 21, 2025)...

Colorado River Controls Mixed Declaratory/Injunctive Actions; “Ready, Willing, and Able” for Texas Equitable Redemption Requires Conjunctive Proof: Commentary on All About Property, L.L.C. v. Midland Mortgage (5th Cir. 2025)

Date: Oct 23, 2025

Colorado River Controls Mixed Declaratory/Injunctive Actions; “Ready, Willing, and Able” for Texas Equitable Redemption Requires Conjunctive Proof: Commentary on All About Property, L.L.C. v. Midland...

Contractual Pre‑Suit ADR Can Trigger a CGL “Duty to Defend,” and Wrongful Denial Waives Consent-to-ADR; Bankruptcy Assignment Does Not Bar Indemnity Litigation

Date: Oct 23, 2025

Contractual Pre‑Suit ADR Can Trigger a CGL “Duty to Defend,” and Wrongful Denial Waives Consent-to-ADR; Bankruptcy Assignment Does Not Bar Indemnity Litigation Case: BPX Prod. Co. v. Certain...