5th Circuit Case Commentaries

Fifth Circuit Reaffirms “Realistic Probability” Actual-Case Requirement for Facially Overbroad State Drug Statutes (and Enforces Oral Pronouncement Control Over Discretionary Supervised-Release Conditions)

Date: Apr 29, 2026

Fifth Circuit Reaffirms “Realistic Probability” Actual-Case Requirement for Facially Overbroad State Drug Statutes (and Enforces Oral Pronouncement Control Over Discretionary Supervised-Release...

Post-Alliance Standing Rule: Legal-Services Organizations and Counties Cannot Manufacture Article III Injury by Voluntarily Incurring Costs to Oppose or Adapt to S.B. 4

Date: Apr 26, 2026

Post-Alliance Standing Rule: Legal-Services Organizations and Counties Cannot Manufacture Article III Injury by Voluntarily Incurring Costs to Oppose or Adapt to S.B. 4 Case: United States v. State...

Battieste v. United States: Mississippi’s Seven-Year Medical-Malpractice Time Bar as a Statute of Repose Under the FTCA

Date: Apr 24, 2026

Battieste v. United States: Mississippi’s Seven-Year Medical-Malpractice Time Bar as a Statute of Repose Under the FTCA 1. Introduction Battieste v. United States (5th Cir. Apr. 22, 2026) concerns...

Mixed Domestic/Foreign Insurance Policies: Separate-Contract Construction Bars Arbitration for Domestic Insurers Under La. R.S. 22:868, Yet Litigation Must Be Stayed Pending Convention Arbitration

Date: Apr 24, 2026

Mixed Domestic/Foreign Insurance Policies: Separate-Contract Construction Bars Arbitration for Domestic Insurers Under La. R.S. 22:868, Yet Litigation Must Be Stayed Pending Convention Arbitration 1....

Flemons v. DeJoy: Forfeiture of Rule 4(i) Cure and Affirmance of Rule 4(m)/12(b)(5) Dismissal Where Plaintiff—Later Represented by Counsel—Does Not Seek More Time or Oppose the Motion

Date: Apr 24, 2026

Flemons v. DeJoy: Forfeiture of Rule 4(i) Cure and Affirmance of Rule 4(m)/12(b)(5) Dismissal Where Plaintiff—Later Represented by Counsel—Does Not Seek More Time or Oppose the Motion Court: United...

Davis v. Warren — Pro Se § 1983 “Failure-to-Act” Claims Should Be Dismissed Without Prejudice Absent a Clear “Best Case” Showing

Date: Apr 24, 2026

Davis v. Warren — Pro Se § 1983 “Failure-to-Act” Claims Should Be Dismissed Without Prejudice Absent a Clear “Best Case” Showing 1. Introduction In Davis v. Warren (5th Cir. Apr. 21, 2026), Daryl L....

Founding-Era “Religious Establishment” Hallmarks Govern Ten Commandments Classroom Displays (Stone v. Graham Treated as Defunct After Lemon’s Abandonment)

Date: Apr 24, 2026

Founding-Era “Religious Establishment” Hallmarks Govern Ten Commandments Classroom Displays (Stone v. Graham Treated as Defunct After Lemon’s Abandonment) Case: Nathan v. Alamo Heights Independent...

Carter v. Dupuy: Brief, Minimal Physical Guidance to Remove a Noncompliant Parent from a School Office Is De Minimis Force and Not a Fourth Amendment Violation

Date: Apr 23, 2026

Carter v. Dupuy: Brief, Minimal Physical Guidance to Remove a Noncompliant Parent from a School Office Is De Minimis Force and Not a Fourth Amendment Violation Court: U.S. Court of Appeals for the...

PSR Disclosure Satisfies Notice for Unread Supervised-Release Conditions; Written Judgment Must Not Add Burdens Beyond Oral Pronouncement

Date: Apr 23, 2026

PSR Disclosure Satisfies Notice for Unread Supervised-Release Conditions; Written Judgment Must Not Add Burdens Beyond Oral Pronouncement 1. Introduction United States v. Lezama-Ramirez (5th Cir....

Repackaging an “Overcharge” Theory Does Not Create Article III Standing When Earl v. Boeing Co. Makes Economic Harm Implausible

Date: Apr 21, 2026

Repackaging an “Overcharge” Theory Does Not Create Article III Standing When Earl v. Boeing Co. Makes Economic Harm Implausible Case: Monahan v. Southwest Airlines Company (5th Cir. Apr. 16, 2026)...

Mississippi Construction Liens: Whether Ambiguous Invoice Attachments Can “Specify” the Statutory “Last Date” Under Miss. Code Ann. § 85-7-405(1)(b)

Date: Apr 21, 2026

Mississippi Construction Liens: Whether Ambiguous Invoice Attachments Can “Specify” the Statutory “Last Date” Under Miss. Code Ann. § 85-7-405(1)(b) Introduction Cuevas Machine Company v. Calgon...

Certification on Whether an Insured’s Cooperation-Clause Breach Bars a Louisiana Direct Action Under a Claims-Made-and-Reported Policy

Date: Apr 21, 2026

Certification on Whether an Insured’s Cooperation-Clause Breach Bars a Louisiana Direct Action Under a Claims-Made-and-Reported Policy I. Introduction Hargiss v. Princeton Excess & Surplus Lines...

Section 8(a)(1) Liability for Employer-Requested NLRB Subpoenas Requires Brookwood “Totality of the Circumstances,” Not National Telephone’s Discovery Balancing

Date: Apr 20, 2026

Section 8(a)(1) Liability for Employer-Requested NLRB Subpoenas Requires Brookwood “Totality of the Circumstances,” Not National Telephone’s Discovery Balancing 1. Introduction In Starbucks...

Sheets v. Scott & White Hospital: Remote Temporal Proximity and Speculative Critiques of an Investigation Do Not Establish Title VII/§ 1981 Retaliation Causation

Date: Apr 20, 2026

Sheets v. Scott & White Hospital: Remote Temporal Proximity and Speculative Critiques of an Investigation Do Not Establish Title VII/§ 1981 Retaliation Causation 1. Introduction In Sheets v. Scott &...

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

Date: Apr 20, 2026

Certified Canine “Alert” (Without a Full “Indication”) Can Supply Probable Cause Under the Totality of the Circumstances 1. Introduction In United States v. Conchas-Mancilla (5th Cir. Apr. 16, 2026),...

Thomas v. Steiner (5th Cir. Apr. 14, 2026) Commentary

Date: Apr 20, 2026

Unpublished Fifth Circuit Clarifies: Summary-Judgment Proof, Timely Discovery Motions, and Taxable Deposition Costs in Federal EEO Discrimination Litigation I. Introduction In Thomas v. Steiner, the...

Digital Messages and Prior Paid Trips Suffice to Prove § 1324 Conspiracy and “Financial-Gain” Purpose; Unpreserved Constitutional Challenges Fail Under Plain-Error Review

Date: Apr 20, 2026

Digital Messages and Prior Paid Trips Suffice to Prove § 1324 Conspiracy and “Financial-Gain” Purpose; Unpreserved Constitutional Challenges Fail Under Plain-Error Review I. Introduction In United...

Plain-View Seizures During a Firearms-Warrant Search: Tips + On-Scene Corroboration + Officer Experience Can Make Stolen-Property Incriminating “Immediately Apparent”

Date: Apr 16, 2026

Plain-View Seizures During a Firearms-Warrant Search: Tips + On-Scene Corroboration + Officer Experience Can Make Stolen-Property Incriminating “Immediately Apparent” I. Introduction In Alexander v....

Taxing Power Cannot Be Used to Criminalize Taxable Conduct: Fifth Circuit Invalidates Federal Ban on At-Home Distilling

Date: Apr 16, 2026

Taxing Power Cannot Be Used to Criminalize Taxable Conduct: Fifth Circuit Invalidates Federal Ban on At-Home Distilling Introduction McNutt v. US Dept of Justice (5th Cir. Apr. 10, 2026) addresses a...

Fifth Circuit Reaffirms State Authority to Protect 340B Contract-Pharmacy Distribution: No Preemption, No Extraterritorial Regulation, and “Interfere” Narrowed by Context

Date: Apr 16, 2026

Fifth Circuit Reaffirms State Authority to Protect 340B Contract-Pharmacy Distribution: No Preemption, No Extraterritorial Regulation, and “Interfere” Narrowed by Context Introduction In...