5th Circuit Case Commentaries

State 340B Contract-Pharmacy Protections Not Preempted: Fifth Circuit Reaffirms AbbVie and Applies the Presumption Against Preemption

Date: Apr 10, 2026

State 340B Contract-Pharmacy Protections Not Preempted: Fifth Circuit Reaffirms AbbVie and Applies the Presumption Against Preemption Case: Novartis Pharmaceuticals Corporation v. Fitch (5th Cir....

United States v. Ware — Prompt Withdrawal from Dual Representation Defeats Sixth Amendment Conflict Claim Absent a Forgone Plausible Defense Strategy

Date: Apr 9, 2026

Prompt Withdrawal from Dual Representation Defeats Sixth Amendment Conflict Claim Absent a Forgone Plausible Defense Strategy I. Introduction United States v. Ware (5th Cir. Apr. 7, 2026) addresses a...

In re Google: Court-Congestion Metrics Are Weak and Non-Dispositive in § 1404(a) Transfers—Especially in Complex Cases

Date: Apr 9, 2026

In re Google: Court-Congestion Metrics Are Weak and Non-Dispositive in § 1404(a) Transfers—Especially in Complex Cases I. Introduction In In re Google, L.L.C. (5th Cir. Apr. 7, 2026), Google sought...

Pre-Enforcement Standing Requires Concrete County-Specific Plans to Violate Texas Marriage-Solemnization Law

Date: Apr 9, 2026

Pre-Enforcement Standing Requires Concrete, County-Specific Plans to Violate Texas Marriage-Solemnization Restrictions Case: McCutchan v. Nicholson (5th Cir. Apr. 7, 2026) (per curiam, unpublished) |...

Personal Payment Creates Texas “Agent” Contractual Standing Under the Tinsley Interest-in-Subject-Matter Exception

Date: Apr 5, 2026

Personal Payment Creates Texas “Agent” Contractual Standing Under the Tinsley Interest-in-Subject-Matter Exception I. Introduction In Autoficio, L.L.C; Brian Whiteside v. Cimble Corporation; Alvin...

FSIA Exceptions Cannot Be Grounded on a U.S. Subsidiary’s Commercial Conduct Absent “Organ” Status or Direct Majority Ownership by the Foreign State

Date: Apr 5, 2026

FSIA Exceptions Cannot Be Grounded on a U.S. Subsidiary’s Commercial Conduct Absent “Organ” Status or Direct Majority Ownership by the Foreign State I. Introduction In McDougall v. Saudi Arabian Oil...

Conclusory EEOC Charges Do Not Exhaust Unstated Claims; Uniform Security Policies Defeat Prima Facie Disparate-Treatment Theories

Date: Apr 5, 2026

Conclusory EEOC Charges Do Not Exhaust Unstated Claims; Uniform Security Policies Defeat Prima Facie Disparate-Treatment Theories 1. Introduction In Prevost v. City of Houston (5th Cir. Apr. 2, 2026)...

Controlled-Buy Affidavits Trigger Leon Good-Faith; Deceptive Miranda-Form Signatures Do Not End the Waiver Inquiry

Date: Apr 5, 2026

Controlled-Buy Affidavits Trigger Leon Good-Faith; Deceptive Miranda-Form Signatures Do Not End the Waiver Inquiry 1. Introduction Case: United States v. Weaver, No. 25-60269 (5th Cir. Apr. 2, 2026)....

§ 1981 Banking-Services Claims at Summary Judgment: Racial Remarks Do Not Defeat a Documented, Nondiscriminatory Denial Absent Rule 56 Evidence of But-For Disparate Treatment

Date: Apr 4, 2026

§ 1981 Banking-Services Claims at Summary Judgment: Racial Remarks Do Not Defeat a Documented, Nondiscriminatory Denial Absent Rule 56 Evidence of But-For Disparate Treatment Introduction In Brown v....

“Administrative Services” Clauses in Reinsurance-Broker Agreements May Encompass Post-Placement Collateral Handling; Industry Custom and Ambiguity Preclude Rule 12 Dismissal

Date: Apr 4, 2026

“Administrative Services” Clauses in Reinsurance-Broker Agreements May Encompass Post-Placement Collateral Handling; Industry Custom and Ambiguity Preclude Rule 12 Dismissal Introduction In Porch.com...

Grooming as Relevant Conduct: Broad Application of U.S.S.G. § 2G1.3(c)(1), Sexual-Contact Enhancements, and Expansive Sex-Offender Supervision Conditions

Date: Apr 4, 2026

Grooming as Relevant Conduct: Broad Application of U.S.S.G. § 2G1.3(c)(1), Sexual-Contact Enhancements, and Expansive Sex-Offender Supervision Conditions 1. Introduction In United States v. Robles...

Crime-Victim Suits Challenging Non-Prosecution Require Article III Standing and Must Be Dismissed Without Prejudice

Date: Apr 4, 2026

Crime-Victim Suits Challenging Non-Prosecution Require Article III Standing and Must Be Dismissed Without Prejudice 1. Introduction In Washington v. Cain (5th Cir. Apr. 2, 2026) (per curiam)...

No Collateral-Order Jurisdiction Over Immunity Appeals When Denial Is Incident to Mediation and Without Prejudice

Date: Apr 4, 2026

No Collateral-Order Jurisdiction Over Immunity Appeals When Denial Is Incident to Mediation and Without Prejudice Introduction Lopez v. Ramirez (5th Cir. Apr. 1, 2026) is the Fifth Circuit’s third...

Munajj v. City of Fredericksburg: Totality-of-the-Circumstances Probable Cause Defeats False-Arrest Claims; Monell Requires Specific Pattern Facts, Not Conclusions

Date: Apr 4, 2026

Totality-of-the-Circumstances Probable Cause Defeats False-Arrest Claims; Monell Requires Specific Pattern Facts, Not Conclusions Case: Munajj v. City of Fredericksburg, No. 25-50535 (5th Cir. Apr....

Vasquez v. CIMA Services, L.P.: Rule 6(b) Discretion to Reject Late Summary-Judgment Responses and Chapter 95’s “Actual Knowledge” Bar on Constructive-Risk Theories

Date: Apr 4, 2026

Vasquez v. CIMA Services, L.P.: Rule 6(b) Discretion to Reject Late Summary-Judgment Responses and Chapter 95’s “Actual Knowledge” Bar on Constructive-Risk Theories I. Introduction Vasquez v. CIMA...

Statutory-Employer Tort Immunity Under Louisiana’s Two-Contract Defense Extends to Voluntary Federal Rice-Inspection Arrangements

Date: Apr 4, 2026

Statutory-Employer Tort Immunity Under Louisiana’s Two-Contract Defense Extends to Voluntary Federal Rice-Inspection Arrangements I. Introduction In Goodley v. Supreme Rice (5th Cir. Apr. 1, 2026)...

Rule 701 Permits Investigators’ “Everyday-Tech” Testimony (Including Google-Based Manufacturing Origin) to Prove § 2251 Interstate Commerce and Supports Inferring Purpose from Sexually Explicit Depictions

Date: Apr 4, 2026

Rule 701 Permits Investigators’ “Everyday-Tech” Testimony (Including Google-Based Manufacturing Origin) to Prove § 2251 Interstate Commerce and Supports Inferring Purpose from Sexually Explicit...

United States v. Felder: Fifth Circuit Reaffirms Pattern § 2422(b) Jury Instructions and Rejects “Overcome the Will” Language Absent an Intermediary

Date: Apr 4, 2026

United States v. Felder: Fifth Circuit Reaffirms Pattern § 2422(b) Jury Instructions and Rejects “Overcome the Will” Language Absent an Intermediary 1. Introduction In United States v. Felder (5th...

United States v. Guerra: Futility Forecloses § 2255 Ineffective-Assistance Claims and Rosemond-Based Amendments Where § 924(c) Evidence and Instructions Support Principal Liability

Date: Apr 4, 2026

United States v. Guerra: Futility Forecloses § 2255 Ineffective-Assistance Claims and Rosemond-Based Amendments Where § 924(c) Evidence and Instructions Support Principal Liability Introduction In...

CVRA Mandamus Limits: No Substantive Appellate Review of Rule 48(a) Dismissals; DPA Challenges Moot After Breach

Date: Apr 4, 2026

CVRA Mandamus Limits: No Substantive Appellate Review of Rule 48(a) Dismissals; DPA Challenges Moot After Breach I. Introduction In re Naoise Connolly Ryan; Emily Chelangat Babu; Joshua Mwazo Babu;...

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