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5th Circuit Case Commentaries

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

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)

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

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)

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)

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

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...
No Ex parte Young Path to “Just Compensation” for Texas Unclaimed Property: Fifth Circuit Bars Federal Takings Claim on Sovereign Immunity Grounds

No Ex parte Young Path to “Just Compensation” for Texas Unclaimed Property: Fifth Circuit Bars Federal Takings Claim on Sovereign Immunity Grounds

Date: Oct 22, 2025
No Ex parte Young Path to “Just Compensation” for Texas Unclaimed Property: Fifth Circuit Bars Federal Takings Claim on Sovereign Immunity Grounds Introduction In Ambriz v. Hancock, No. 23-50582 (5th...
Speculative Risk Is Not “Substantial Prejudice”: Fifth Circuit Tightens Sanctions Due Process and Bars Johnson Double-Counting in CEATS v. TicketNetwork

Speculative Risk Is Not “Substantial Prejudice”: Fifth Circuit Tightens Sanctions Due Process and Bars Johnson Double-Counting in CEATS v. TicketNetwork

Date: Oct 22, 2025
Speculative Risk Is Not “Substantial Prejudice”: Fifth Circuit Tightens Sanctions Due Process and Bars Johnson Double-Counting in CEATS v. TicketNetwork Introduction In this second trip to the Fifth...
Threatening to Retain Property Beyond a Possessory Lien Constitutes TTLA “Coercion”; Expectation Damages Must Net Avoided Costs — Rose v. Equis Equine (5th Cir. 2025)

Threatening to Retain Property Beyond a Possessory Lien Constitutes TTLA “Coercion”; Expectation Damages Must Net Avoided Costs — Rose v. Equis Equine (5th Cir. 2025)

Date: Oct 22, 2025
Threatening to Retain Property Beyond a Possessory Lien Constitutes TTLA “Coercion”; Expectation Damages Must Net Avoided Costs — Rose v. Equis Equine (5th Cir. 2025) Introduction In Rose v. Equis...
No Special Forfeiture Exception for Pro Se Appellants: Fifth Circuit Affirms Summary Judgment and Flags Fabricated Citations in Scroggins v. City of Shreveport

No Special Forfeiture Exception for Pro Se Appellants: Fifth Circuit Affirms Summary Judgment and Flags Fabricated Citations in Scroggins v. City of Shreveport

Date: Oct 22, 2025
No Special Forfeiture Exception for Pro Se Appellants: Fifth Circuit Affirms Summary Judgment and Flags Fabricated Citations in Scroggins v. City of Shreveport Introduction This Fifth Circuit...
Material Omissions as “False Entries” Under 18 U.S.C. § 1005 When Context and Duty to Disclose Render Them Literally False: Fifth Circuit’s Post-Thompson Clarification in United States v. Ryan

Material Omissions as “False Entries” Under 18 U.S.C. § 1005 When Context and Duty to Disclose Render Them Literally False: Fifth Circuit’s Post-Thompson Clarification in United States v. Ryan

Date: Oct 22, 2025
Material Omissions as “False Entries” Under 18 U.S.C. § 1005 When Context and Duty to Disclose Render Them Literally False: Fifth Circuit’s Post-Thompson Clarification in United States v. Ryan...
Averaging Competing Expert Figures Is Not a Culver II Analysis: The Fifth Circuit Vacates a Future Wage-Loss Award and Reaffirms No Punitive Damages for Delayed Cure Absent Bad Faith

Averaging Competing Expert Figures Is Not a Culver II Analysis: The Fifth Circuit Vacates a Future Wage-Loss Award and Reaffirms No Punitive Damages for Delayed Cure Absent Bad Faith

Date: Oct 22, 2025
Averaging Competing Expert Figures Is Not a Culver II Analysis: The Fifth Circuit Vacates a Future Wage-Loss Award and Reaffirms No Punitive Damages for Delayed Cure Absent Bad Faith Introduction In...
No Count-by-Count Cure: Fifth Circuit Requires Dismissal of the Entire Indictment When Any Count Violates the Sixth Amendment Speedy Trial Right

No Count-by-Count Cure: Fifth Circuit Requires Dismissal of the Entire Indictment When Any Count Violates the Sixth Amendment Speedy Trial Right

Date: Oct 18, 2025
No Count-by-Count Cure: Fifth Circuit Requires Dismissal of the Entire Indictment When Any Count Violates the Sixth Amendment Speedy Trial Right Introduction In Berryman v. Huffman, No. 23-60627 (5th...
Predicate-Conviction-Specific Bruen Analysis: Fifth Circuit Remands § 922(g)(1) As-Applied Challenge in United States v. Smith

Predicate-Conviction-Specific Bruen Analysis: Fifth Circuit Remands § 922(g)(1) As-Applied Challenge in United States v. Smith

Date: Oct 18, 2025
Predicate-Conviction-Specific Bruen Analysis: Fifth Circuit Remands § 922(g)(1) As-Applied Challenge in United States v. Smith Court: United States Court of Appeals for the Fifth Circuit Date:...
Belief vs. Practice: Fifth Circuit Clarifies Title VII Religion Claims, Tightens RLA Access, and Polices Injunctions and Civil Contempt

Belief vs. Practice: Fifth Circuit Clarifies Title VII Religion Claims, Tightens RLA Access, and Polices Injunctions and Civil Contempt

Date: Oct 17, 2025
Belief vs. Practice: Fifth Circuit Clarifies Title VII Religion Claims, Tightens RLA Access, and Polices Injunctions and Civil Contempt Introduction Carter v. Local 556 (5th Cir. 2025) arises from...
Carter v. Southwest Airlines: The Fifth Circuit Draws a Bright Line Between Belief- and Practice-Based Title VII Claims, Clarifies Union Liability for “Attempting to Cause” Discrimination, Narrows Post-Certification RLA Suits, and Polices Overbroad Injunctions and Punitive Civil Contempt

Carter v. Southwest Airlines: The Fifth Circuit Draws a Bright Line Between Belief- and Practice-Based Title VII Claims, Clarifies Union Liability for “Attempting to Cause” Discrimination, Narrows Post-Certification RLA Suits, and Polices Overbroad Injunctions and Punitive Civil Contempt

Date: Oct 17, 2025
Carter v. Southwest Airlines: The Fifth Circuit Draws a Bright Line Between Belief- and Practice-Based Title VII Claims, Clarifies Union Liability for “Attempting to Cause” Discrimination, Narrows...
Belief vs. Practice: Fifth Circuit Clarifies Title VII Religion Doctrine, Affirms Groff Without Retrial, and Vacates “Obey‑the‑Law” Injunctions in Carter v. Southwest

Belief vs. Practice: Fifth Circuit Clarifies Title VII Religion Doctrine, Affirms Groff Without Retrial, and Vacates “Obey‑the‑Law” Injunctions in Carter v. Southwest

Date: Oct 17, 2025
Belief vs. Practice: Fifth Circuit Clarifies Title VII Religion Doctrine, Affirms Groff Without Retrial, and Vacates “Obey‑the‑Law” Injunctions in Carter v. Southwest Introduction In a sweeping...
Cat’s Paw Liability Cannot Satisfy the Rehabilitation Act’s “Solely by Reason of” Standard: Harmon v. Collier (5th Cir. 2025)

Cat’s Paw Liability Cannot Satisfy the Rehabilitation Act’s “Solely by Reason of” Standard: Harmon v. Collier (5th Cir. 2025)

Date: Oct 16, 2025
Cat’s Paw Liability Cannot Satisfy the Rehabilitation Act’s “Solely by Reason of” Standard: Harmon v. Collier (5th Cir. 2025) Introduction In Harmon v. Collier, the Fifth Circuit addressed multiple...
United States v. Arredondo: Live-Streamed Sexual Misconduct Can Justify Pornography and Internet-Use Restrictions and Defeat Acceptance of Responsibility

United States v. Arredondo: Live-Streamed Sexual Misconduct Can Justify Pornography and Internet-Use Restrictions and Defeat Acceptance of Responsibility

Date: Oct 16, 2025
United States v. Arredondo: Live-Streamed Sexual Misconduct Can Justify Pornography and Internet-Use Restrictions and Defeat Acceptance of Responsibility Introduction In United States v. Arredondo,...
Adequacy of Foreign Forums After OSR v. REE: Uncertainty Over Extraterritorial Injunctions and Witness Self‑Incrimination Does Not Defeat Forum Non Conveniens

Adequacy of Foreign Forums After OSR v. REE: Uncertainty Over Extraterritorial Injunctions and Witness Self‑Incrimination Does Not Defeat Forum Non Conveniens

Date: Oct 16, 2025
Adequacy of Foreign Forums After OSR v. REE: Uncertainty Over Extraterritorial Injunctions and Witness Self‑Incrimination Does Not Defeat Forum Non Conveniens Introduction This commentary analyzes...
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