5th Circuit Case Commentaries

CVRA Mandamus Limits: No Merits Review of Rule 48 Dismissals; DPA Challenges Become Moot After Breach

Date: Apr 4, 2026

CVRA Mandamus Limits: No Merits Review of Rule 48 Dismissals; DPA Challenges Become Moot After Breach 1. Introduction This consolidated mandamus proceeding arose from federal criminal proceedings...

Certified Canine “Alerts” (Without a Full “Indication”) Can Establish Probable Cause Under the Totality of the Circumstances

Date: Apr 4, 2026

Certified Canine “Alerts” (Without a Full “Indication”) Can Establish Probable Cause Under the Totality of the Circumstances Introduction In United States v. Conchas-Mancilla (5th Cir. Mar. 31, 2026)...

Wesley v. Neal: Pleading and Procedure Thresholds in § 1983 Jail-Injury Litigation—Invalid Pro Se Service, Specificity for Supervisory/Training Liability, and “Substantial Harm” for Medical-Delay Claims

Date: Apr 4, 2026

Wesley v. Neal: Pleading and Procedure Thresholds in § 1983 Jail-Injury Litigation—Invalid Pro Se Service, Specificity for Supervisory/Training Liability, and “Substantial Harm” for Medical-Delay...

Mortel v. Nowicki: Rejecting “Service by Acquiescence” and Affirming Dismissal for Nonappearance and Defective Service

Date: Apr 3, 2026

Mortel v. Nowicki: Rejecting “Service by Acquiescence” and Affirming Dismissal for Nonappearance and Defective Service Introduction In Mortel v. Nowicki (5th Cir. Mar. 30, 2026) (per curiam)...

Parker v. Hooper: Immediate Appellate Review of Prison Reform Remedial Frameworks and Strict PLRA Compliance (Needs–Narrowness–Intrusiveness; Single, Judiciary-Funded Special Master)

Date: Apr 3, 2026

Parker v. Hooper: Immediate Appellate Review of Prison Reform Remedial Frameworks and Strict PLRA Compliance (Needs–Narrowness–Intrusiveness; Single, Judiciary-Funded Special Master) 1. Introduction...

Post-Mullenix Use of Lytle: Fact-Specific Comparisons Can Clearly Establish Illegality of Shooting at a Fleeing Vehicle After the Threat Has Passed

Date: Apr 2, 2026

Post-Mullenix Use of Lytle v. Bexar County: Fact-Specific Comparisons Can Clearly Establish Illegality of Shooting at a Fleeing Vehicle After the Threat Has Passed Case: Baker v. Coborn (5th Cir....

Trustee Commissions Exclude Surplus Paid to a “Stand-In” Debtor Under § 726(a)(6)

Date: Apr 2, 2026

Trustee Commissions Exclude Surplus Paid to a “Stand-In” Debtor Under § 726(a)(6) Case: Henderson v. US Trustee (In the Matter of VCR I, L.L.C.) | Court: U.S. Court of Appeals for the Fifth Circuit |...

Rule 58 Noncompliance Triggers a 180-Day Federal Appeal Window; Facial Prosecutor-Consultation Arrest Policies Require Monell “Deliberate Indifference” Pleading

Date: Apr 2, 2026

Rule 58 Noncompliance Triggers a 180-Day Federal Appeal Window; Facial Prosecutor-Consultation Arrest Policies Require Monell “Deliberate Indifference” Pleading Introduction In Prosper v. Harris...

Joint Venture Not Indispensable Under Rule 19 When All Venturers Are Parties; Individual Settlement Proceeds for JV Work Must Be Deposited to the JV Account

Date: Apr 2, 2026

Joint Venture Not Indispensable Under Rule 19 When All Venturers Are Parties; Individual Settlement Proceeds for JV Work Must Be Deposited to the JV Account I. Introduction Archer Western...

Green v. HCTec Partners: Pretext Requires Evidence Supporting an Inference of Discrimination/Retaliation, Not Just Disagreement with the Employer’s Judgment

Date: Apr 2, 2026

Green v. HCTec Partners: Pretext Requires Evidence Supporting an Inference of Discrimination/Retaliation, Not Just Disagreement with the Employer’s Judgment Court: Court of Appeals for the Fifth...

Texas Water Code Monopoly Policy Does Not Immunize Non‑CCN Municipal Vetoes Over Retail Water Service

Date: Apr 2, 2026

Texas Water Code Monopoly Policy Does Not Immunize Non‑CCN Municipal Vetoes Over Retail Water Service 1. Introduction Megatel Homes, L.L.C. and Cipriani Island Laguna Azure, L.L.C. (collectively,...

Severing Magnuson-Stevens Council “Veto” Powers Eliminates Appointments Clause Defect and Limits Review to the Secretary’s Final Rule

Date: Apr 2, 2026

Severing Magnuson-Stevens Council “Veto” Powers Eliminates Appointments Clause Defect and Limits Review to the Secretary’s Final Rule Case: Bell v. Lutnick (consolidated with Arnesen/Bradley) — U.S....

Congious v. Shaw Commentary

Date: Apr 2, 2026

No Subjective Knowledge Without Proof of Review: Constructive-Notice “Mailbox Rule” Cannot Substitute for Deliberate-Indifference Awareness in Detainee Medical-Care Claims I. Introduction Congious v....

Batson Step-Three Must Turn on the Prosecutor’s “Actual, Contemporary Reasons”: Trial Courts May Not Supply New Justifications by Sua Sponte Voir Dire (United States v. Grace)

Date: Apr 2, 2026

Batson Step-Three Must Turn on the Prosecutor’s “Actual, Contemporary Reasons”: Trial Courts May Not Supply New Justifications by Sua Sponte Voir Dire (United States v. Grace) Court: United States...

Rule 19 and Joint Ventures: When All Venturers Are Parties, the JV Is Not Indispensable—and One Venturer’s Settlement Proceeds Are “JV Funds” If Paid for JV Work

Date: Apr 2, 2026

Rule 19 and Joint Ventures: When All Venturers Are Parties, the JV Is Not Indispensable—and One Venturer’s Settlement Proceeds Are “JV Funds” If Paid for JV Work Introduction Archer Western...

FOIA’s No-Creation Rule Applied to Email “Internet Headers”: Copy-and-Paste Extraction Is a New Record (Hagar v. FBI)

Date: Apr 2, 2026

FOIA’s No-Creation Rule Applied to Email “Internet Headers”: Copy-and-Paste Extraction Is a New Record (Hagar v. FBI) I. Introduction In Hagar v. FBI (5th Cir. Mar. 26, 2026), a pro se requester,...

Appeal Waivers Remain Enforceable Despite Sentencing-Court Misstatements About Preserved Constitutional Challenges (United States v. Pena)

Date: Apr 2, 2026

Appeal Waivers Remain Enforceable Despite Sentencing-Court Misstatements About Preserved Constitutional Challenges (United States v. Pena) 1. Introduction In United States v. Pena (5th Cir. Mar. 26,...

Open-and-Obvious Rule Bars Premises-Liability Recovery for Crossing Between Rail Cars Despite “Slack Action”

Date: Mar 31, 2026

Open-and-Obvious Rule Bars Premises-Liability Recovery for Crossing Between Rail Cars Despite “Slack Action” 1. Introduction Moten v. Union Pacific Railroad Co. (5th Cir. Mar. 25, 2026) arises from a...

Fifth Circuit Narrows Interlocutory Review in Equity Receiverships: Only Completed Sales Orders Are Appealable; Settlement Approvals and Moot Sale Orders Are Dismissed

Date: Mar 31, 2026

Fifth Circuit Narrows Interlocutory Review in Equity Receiverships: Only Completed Sales Orders Are Appealable; Settlement Approvals and Moot Sale Orders Are Dismissed I. Introduction In SEC v....

Circumstantial Proof of Knowledge in PPP-Fraud Conspiracies: Client Referrals, Kickback Control, and Personal Benefit

Date: Mar 31, 2026

Circumstantial Proof of Knowledge in PPP-Fraud Conspiracies: Client Referrals, Kickback Control, and Personal Benefit Introduction In United States v. Hudson (5th Cir. Mar. 25, 2026) (per curiam)...

Previous Next