Bar Association of the Fifth Federal Circuit
@baffc.bsky.social
US v Horton: #5thCir affirms 240-mo sentence/224-mo upward variance for dealer of #fentanyl-laced Percoset pills that contributed to death, rejects arguments re procedural error, substantive unreasonableness, right to allocute #appellatesky #lawsky baffc.net/4ozEcu2
November 12, 2025 at 3:56 PM
US v Horton: #5thCir affirms 240-mo sentence/224-mo upward variance for dealer of #fentanyl-laced Percoset pills that contributed to death, rejects arguments re procedural error, substantive unreasonableness, right to allocute #appellatesky #lawsky baffc.net/4ozEcu2
AP v Pearland ISD: #5thCir affirms: because student's consistent absences prevented her from receiving appropriate instruction, district court didn't err in finding parents failed to prove #disability under #IDEA #education #appellatesky #lawsky baffc.net/43UzU8k
November 11, 2025 at 1:53 PM
AP v Pearland ISD: #5thCir affirms: because student's consistent absences prevented her from receiving appropriate instruction, district court didn't err in finding parents failed to prove #disability under #IDEA #education #appellatesky #lawsky baffc.net/43UzU8k
Storey Mountain v JP Morgan: #5thCir remands for jurisdictional discovery where party "once again" invoked diversity jurisdiction but didn't establish citizenship of LLC, failed to plead citizenship of members #jurisdiction #appellatesky #lawsky baffc.net/47W1zHl
November 11, 2025 at 1:41 PM
Storey Mountain v JP Morgan: #5thCir remands for jurisdictional discovery where party "once again" invoked diversity jurisdiction but didn't establish citizenship of LLC, failed to plead citizenship of members #jurisdiction #appellatesky #lawsky baffc.net/47W1zHl
Calderon-Uresti v Bondi: #5thCir denies review of removal for woman seeking special rule cancellation under #VAWA: #BIA decision was supported by substantial evidence; other claim not administratively exhausted #immigration #appellatesky #lawsky baffc.net/4oBzhsU
November 7, 2025 at 2:26 PM
Calderon-Uresti v Bondi: #5thCir denies review of removal for woman seeking special rule cancellation under #VAWA: #BIA decision was supported by substantial evidence; other claim not administratively exhausted #immigration #appellatesky #lawsky baffc.net/4oBzhsU
Dominguez Reyes v Bondi: #5thCir denies review of removal: forfeiture order finding $3.9M in laundered funds was sufficient to prove petitioner laundered more than $10K, was aggravated felon under removal statute #immigration #appellatesky #lawsky baffc.net/4nLqKlP
November 7, 2025 at 2:13 PM
Dominguez Reyes v Bondi: #5thCir denies review of removal: forfeiture order finding $3.9M in laundered funds was sufficient to prove petitioner laundered more than $10K, was aggravated felon under removal statute #immigration #appellatesky #lawsky baffc.net/4nLqKlP
Woodlands Pride v Paxton: #5thCir vacates injunction, orders dismissals & Moody analysis of drag performers' facial challenge to ban on sexually oriented performances on public property in presence of minors #concur #dissent #appellatesky #lawsky baffc.net/47JZMoK
November 7, 2025 at 1:57 PM
Woodlands Pride v Paxton: #5thCir vacates injunction, orders dismissals & Moody analysis of drag performers' facial challenge to ban on sexually oriented performances on public property in presence of minors #concur #dissent #appellatesky #lawsky baffc.net/47JZMoK
Rosa Arevalo v Bondi: #5thCir denies review of BIA refusal to reopen removal proceedings of native of Guatemala: no abuse of discretion in concluding 19-yrs late motion wasn't subject to equitable tolling #immigration #appellatesky #lawsky baffc.net/48144cw
November 6, 2025 at 1:40 PM
Rosa Arevalo v Bondi: #5thCir denies review of BIA refusal to reopen removal proceedings of native of Guatemala: no abuse of discretion in concluding 19-yrs late motion wasn't subject to equitable tolling #immigration #appellatesky #lawsky baffc.net/48144cw
Craig v Bisignano: #5thCir affirms dismissal of challenge to denial of #socialsecurity disability benefits for failure to exhaust; joins other circuits in refusing to consider document filed in district court post-judgment #appellatesky #lawsky baffc.net/49B4MhK
November 5, 2025 at 1:48 PM
Craig v Bisignano: #5thCir affirms dismissal of challenge to denial of #socialsecurity disability benefits for failure to exhaust; joins other circuits in refusing to consider document filed in district court post-judgment #appellatesky #lawsky baffc.net/49B4MhK
Clark v City of Pasadena: #5thCir affirms denial of default judgments: plaintiff could not show abuse of discretion #appellatesky #lawsky baffc.net/3JMnV5U
November 5, 2025 at 1:34 PM
Clark v City of Pasadena: #5thCir affirms denial of default judgments: plaintiff could not show abuse of discretion #appellatesky #lawsky baffc.net/3JMnV5U
US v Trotter: #5thCir vacates for #plainerror, finds prosecutor's comments at #sentencing violated plea agreement; remands for defendant to either seek specific performance of agreement before new judge or rescind it #dissent #appellatesky #lawsky baffc.net/4oGDhZb
November 4, 2025 at 3:38 PM
US v Trotter: #5thCir vacates for #plainerror, finds prosecutor's comments at #sentencing violated plea agreement; remands for defendant to either seek specific performance of agreement before new judge or rescind it #dissent #appellatesky #lawsky baffc.net/4oGDhZb
Arnold v Barbers Hill ISD: #5thCir, in case challenging school district's "hair policy," dismisses appeal for lack of jurisdiction: no standing by third-party or non-parties to challenge discovery order on #legislativeprivilege issue #appellatesky #lawsky baffc.net/4hD8ae0
November 4, 2025 at 3:21 PM
Arnold v Barbers Hill ISD: #5thCir, in case challenging school district's "hair policy," dismisses appeal for lack of jurisdiction: no standing by third-party or non-parties to challenge discovery order on #legislativeprivilege issue #appellatesky #lawsky baffc.net/4hD8ae0
Gentry v Encompass Health: #5thCir affirms dismissal of #FalseClaimsAct qui tam action alleging false presentment, false reporting & conspiracy by inpatient rehab facility: complaint insufficiently plausible/particular #concur #appellatesky #lawsky baffc.net/4qMDfjS
November 4, 2025 at 1:29 PM
Gentry v Encompass Health: #5thCir affirms dismissal of #FalseClaimsAct qui tam action alleging false presentment, false reporting & conspiracy by inpatient rehab facility: complaint insufficiently plausible/particular #concur #appellatesky #lawsky baffc.net/4qMDfjS
Hiran Management v #NLRB: #5thCir grants partial relief, joins #CircuitSplit: NLRB exceeded authority under #NLRA by ordering employer to reimburse all foreseeable costs incurred by discharged employees #Labor #Thryv #damages #appellatesky #lawsky baffc.net/47mZvsX
November 3, 2025 at 5:16 PM
Hiran Management v #NLRB: #5thCir grants partial relief, joins #CircuitSplit: NLRB exceeded authority under #NLRA by ordering employer to reimburse all foreseeable costs incurred by discharged employees #Labor #Thryv #damages #appellatesky #lawsky baffc.net/47mZvsX
Lowery v Mills: #5thCir affirms finding of #standing & dismissal of #FirstAmendment claims (#retaliation, self-chill & unwritten speech code) by @UTAustin professor critical of university leadership; affirms discovery rulings #appellatesky #lawsky baffc.net/3LkzYbi
November 3, 2025 at 3:13 PM
Lowery v Mills: #5thCir affirms finding of #standing & dismissal of #FirstAmendment claims (#retaliation, self-chill & unwritten speech code) by @UTAustin professor critical of university leadership; affirms discovery rulings #appellatesky #lawsky baffc.net/3LkzYbi
Legacy Housing v Horseshoe Bay: #5thCir affirms summary judgment for city/defendants in claim alleging conspiracy to prevent land development; discusses #takings, contractor restrictions, #zoning, permit caps, strips & gores #appellatesky #lawsky baffc.net/4owQT8U
November 3, 2025 at 2:49 PM
Legacy Housing v Horseshoe Bay: #5thCir affirms summary judgment for city/defendants in claim alleging conspiracy to prevent land development; discusses #takings, contractor restrictions, #zoning, permit caps, strips & gores #appellatesky #lawsky baffc.net/4owQT8U
Ackerman v Arkema: #5thCir affirms dismissal of individual state claims for monetary relief for property damage caused by chemical #explosion: pending federal class action for injunctive relief didn't toll limitations #dissent #appellatesky #lawsky baffc.net/3LiB1Zc
November 3, 2025 at 1:32 PM
Ackerman v Arkema: #5thCir affirms dismissal of individual state claims for monetary relief for property damage caused by chemical #explosion: pending federal class action for injunctive relief didn't toll limitations #dissent #appellatesky #lawsky baffc.net/3LiB1Zc
Jackson v Tarrant County: #5thCir affirms denial of preliminary #injunction in challenge to mid-cycle #redistricting for election of county commissioners, where plaintiffs alleged harm to racial minorities #VotingRights #appellatesky #lawsky baffc.net/3LdubUK
October 30, 2025 at 12:28 PM
Jackson v Tarrant County: #5thCir affirms denial of preliminary #injunction in challenge to mid-cycle #redistricting for election of county commissioners, where plaintiffs alleged harm to racial minorities #VotingRights #appellatesky #lawsky baffc.net/3LdubUK
Gas Transmission NW v FERC: #5thCir denies review: FERC didn't err by granting certificate for #naturalgas pipeline expansion project or by denying predetermination of rolled-in rates #standing #NaturalGasAct #NEPA #appellatesky #lawsky baffc.net/3LfYgD6
October 29, 2025 at 7:30 PM
Gas Transmission NW v FERC: #5thCir denies review: FERC didn't err by granting certificate for #naturalgas pipeline expansion project or by denying predetermination of rolled-in rates #standing #NaturalGasAct #NEPA #appellatesky #lawsky baffc.net/3LfYgD6
US v Jiminez: #5thCir affirms conviction for coercing/enticing minor to engage in sexual activity based on requesting/sending photos on cell phone: statute included nonphysical conduct #criminallaw #appellatesky #lawsky baffc.net/4nsflXG
October 29, 2025 at 7:16 PM
US v Jiminez: #5thCir affirms conviction for coercing/enticing minor to engage in sexual activity based on requesting/sending photos on cell phone: statute included nonphysical conduct #criminallaw #appellatesky #lawsky baffc.net/4nsflXG
Nathan v Alamo Heights ISD: #5thCir grants initial hearing #enbanc in challenge to TX law requiring public #schools to permanently display #TenCommandments in each classroom, to be heard w/similar LA case #EstablishmentClause #appellatesky #lawtsky baffc.net/4ohCZro
October 29, 2025 at 12:40 PM
Nathan v Alamo Heights ISD: #5thCir grants initial hearing #enbanc in challenge to TX law requiring public #schools to permanently display #TenCommandments in each classroom, to be heard w/similar LA case #EstablishmentClause #appellatesky #lawtsky baffc.net/4ohCZro
Spectrum WT v Wendler: #5thCir grants #rehearingenbanc, vacates panel opinion that ordered preliminary #injunction against @wtamu officials who cancelled students' on-campus #dragshow #FirstAmendment #education #appellatesky #lawsky baffc.net/4ofejjc
October 28, 2025 at 12:24 PM
Spectrum WT v Wendler: #5thCir grants #rehearingenbanc, vacates panel opinion that ordered preliminary #injunction against @wtamu officials who cancelled students' on-campus #dragshow #FirstAmendment #education #appellatesky #lawsky baffc.net/4ofejjc
US v Hernandez-Adame: #5thCir affirms conviction for illegal reentry by Mexican citizen whose defense was that he wanted to be taken into custody at #border, discusses "official restraint" and pattern #jury charges #appellatesky #lawsky baffc.net/4nkLZuo
October 25, 2025 at 2:44 PM
US v Hernandez-Adame: #5thCir affirms conviction for illegal reentry by Mexican citizen whose defense was that he wanted to be taken into custody at #border, discusses "official restraint" and pattern #jury charges #appellatesky #lawsky baffc.net/4nkLZuo
US v Haim: #5thCir, on unopposed motion, summarily reverses unexplained denial of joint unopposed motion to modify protective order re #criminal discovery materials: no deference in absence of explanation/reasoning #dissent #appellatesky #lawsky baffc.net/4oBkCgM
October 25, 2025 at 2:18 PM
US v Haim: #5thCir, on unopposed motion, summarily reverses unexplained denial of joint unopposed motion to modify protective order re #criminal discovery materials: no deference in absence of explanation/reasoning #dissent #appellatesky #lawsky baffc.net/4oBkCgM
Angelina v Blue Cross: #5thCir grants rehearing, issues new opinion in suit by #physician groups for underpayment by insurers, affirms summary jm on claims w/no written patient assignment, remands others to determine validity #appellatesky #lawsky baffc.net/3WlvdAo
October 24, 2025 at 12:45 PM
Angelina v Blue Cross: #5thCir grants rehearing, issues new opinion in suit by #physician groups for underpayment by insurers, affirms summary jm on claims w/no written patient assignment, remands others to determine validity #appellatesky #lawsky baffc.net/3WlvdAo
US v Lewis: #5thCir affirms #sextrafficking conviction, rejects arguments re sufficiency of #evidence, deleted text messages under #Brady & #JencksAct, expert testimony, improper bolstering, social media evidence #criminallaw #appellatesky #lawsky baffc.net/42QONYV
October 22, 2025 at 1:13 PM
US v Lewis: #5thCir affirms #sextrafficking conviction, rejects arguments re sufficiency of #evidence, deleted text messages under #Brady & #JencksAct, expert testimony, improper bolstering, social media evidence #criminallaw #appellatesky #lawsky baffc.net/42QONYV