5th Circuit Case Commentaries

Affirmation of Direct Physical Loss Requirement in Business Interruption Insurance: Terry Black's Barbecue v. State Automobile Mutual Insurance Company

Date: Jan 6, 2022

Affirmation of Direct Physical Loss Requirement in Business Interruption Insurance: Terry Black's Barbecue v. State Automobile Mutual Insurance Company Introduction The COVID-19 pandemic has...

Clarifying Prima Facie Eligibility Standards for Cancellation of Removal: Insights from Parada-Orellana v. Garland (5th Cir. 2022)

Date: Jan 4, 2022

Clarifying Prima Facie Eligibility Standards for Cancellation of Removal: Insights from Parada-Orellana v. Garland (5th Cir. 2022) Introduction The case of Mirian Margarita Parada-Orellana v. Merrick...

Reinforcing Limits on Specific Personal Jurisdiction for Internet Publishers: Johnson v. Huffington Post

Date: Dec 24, 2021

Reinforcing Limits on Specific Personal Jurisdiction for Internet Publishers: Johnson v. Huffington Post Introduction Charles Johnson, a citizen of Texas, brought a libel suit against The Huffington...

Sovereign Immunity and Ripeness in Declaratory Judgment Actions: Analysis of Walmart Inc. v. DOJ

Date: Dec 23, 2021

Sovereign Immunity and Ripeness in Declaratory Judgment Actions: Analysis of Walmart Inc. v. DOJ Introduction The case of Walmart Inc., Plaintiff-Appellant, v. U.S. Department of Justice; U.S. Drug...

Improper Joinder of Non-Diverse Defendants in Federal Removal Cases: A New Precedent from the Fifth Circuit

Date: Dec 17, 2021

Improper Joinder of Non-Diverse Defendants in Federal Removal Cases: A New Precedent from the Fifth Circuit Introduction The case of Mark A. Ticer, doing business as Law Office of Mark A. Ticer v....

Establishing Unseaworthiness in Maritime Bailment: Insights from Terral River Service v. SCF Marine

Date: Dec 16, 2021

Establishing Unseaworthiness in Maritime Bailment: Insights from Terral River Service, Inc. v. SCF Marine Inc. Introduction The case of Terral River Service, Incorporated; Navigators Insurance...

Prolonged Prone Restraint and Qualified Immunity: Insights from Timpa v. Dillard

Date: Dec 16, 2021

Prolonged Prone Restraint and Qualified Immunity: Insights from Timpa v. Dillard A Comprehensive Commentary on the Fifth Circuit's Decision Introduction In Vicki Timpa v. Dustin Dillard et al., the...

Major Questions Doctrine Reinforced in Fifth Circuit's Ruling on COVID-19 Vaccination Mandate

Date: Dec 16, 2021

Major Questions Doctrine Reinforced in Fifth Circuit's Ruling on COVID-19 Vaccination Mandate Introduction In the landmark case, State of Louisiana et al. v. Xavier Becerra et al., the United States...

5th Circuit Affirms DHS's Termination of Migrant Protection Protocols Violates APA and INA

Date: Dec 14, 2021

5th Circuit Affirms DHS's Termination of Migrant Protection Protocols Violates APA and INA Introduction In the landmark case of State of Texas; State of Missouri v. Joseph R. Biden, Jr., the United...

Affirmation of District Court Jurisdiction in Cochran v. SEC: Implications for Judicial Review of SEC Proceedings

Date: Dec 14, 2021

Affirmation of District Court Jurisdiction in Cochran v. SEC: Implications for Judicial Review of SEC Proceedings Introduction Cochran v. U.S. Securities and Exchange Commission (SEC) represents a...

Dismissal of Racial Discrimination Claims Due to Time Bar and Lack of Prima Facie Case in Belton v. GEO Group

Date: Dec 9, 2021

Dismissal of Racial Discrimination Claims Due to Time Bar and Lack of Prima Facie Case in Belton v. GEO Group Introduction Paul Belton, a black male correctional officer employed by GEO Group,...

Revisiting Jurisdictional Thresholds: Fifth Circuit Overturns Eckstein in Light of Kwai Fun Wong

Date: Dec 3, 2021

Revisiting Jurisdictional Thresholds: Fifth Circuit Overturns Eckstein in Light of Kwai Fun Wong Introduction In the landmark case In re: Bonvillian Marine Service, Incorporated, the United States...

Improper Joinder and Diversity Jurisdiction: Williams v. Homeland Insurance Co. Establishes New Standards

Date: Dec 1, 2021

Improper Joinder and Diversity Jurisdiction: Williams v. Homeland Insurance Co. Establishes New Standards Introduction In the landmark case of George Raymond Williams, MD, et al. v. Homeland...

Arthur Webster v. Kilolo Kijakazi: Affirmation of Social Security Disability Denial

Date: Nov 30, 2021

Arthur Webster v. Kilolo Kijakazi: Affirmation of Social Security Disability Denial Introduction The case of Arthur Webster v. Kilolo Kijakazi (19 F.4th 715) represents a significant appellate review...

Establishing Personal Jurisdiction Requires Targeted Activities, Not Mere Website Accessibility: Admar Int'l Inc. v. Eastrock, L.L.C.

Date: Nov 20, 2021

Establishing Personal Jurisdiction Requires Targeted Activities, Not Mere Website Accessibility: Admar Int'l Inc. v. Eastrock, L.L.C. Introduction The case of Admar International, Incorporated; Luv N...

Enhancing Accountability in Law Enforcement: Gomez v. Galman et al.

Date: Nov 19, 2021

Enhancing Accountability in Law Enforcement: Gomez v. Galman et al. A Comprehensive Analysis of 18 F.4th 769 Decision by the United States Court of Appeals, Fifth Circuit Introduction The case of...

Ensuring Fair Procedure in Sua Sponte Dismissals for Sovereign Immunity: Fifth Circuit Establishes New Precedent

Date: Nov 19, 2021

Ensuring Fair Procedure in Sua Sponte Dismissals for Sovereign Immunity: Fifth Circuit Establishes New Precedent Introduction In Tiffany Carver v. Rodrick Atwood, Sergeant; Herman Smith, Officer;...

Fifth Circuit Establishes Priority of EMC Umbrella Policy Over Excess Coverage in Insurance Allocation Disputes

Date: Nov 18, 2021

Fifth Circuit Establishes Priority of EMC Umbrella Policy Over Excess Coverage in Insurance Allocation Disputes Introduction In the case of Great American Insurance Company v. Employers Mutual...

Limits on OSHA's Emergency Temporary Standards: Fifth Circuit Stays COVID-19 Vaccine Mandate

Date: Nov 13, 2021

Limits on OSHA's Emergency Temporary Standards: Fifth Circuit Stays COVID-19 Vaccine Mandate Introduction The case of BST Holdings, L.L.C. et al. v. Occupational Safety and Health Administration...

Reversing Summary Judgment on Material Factual Disputes: Guzman v. Allstate and the Smoking Misrepresentation Standard

Date: Nov 11, 2021

Reversing Summary Judgment on Material Factual Disputes: Guzman v. Allstate and the Smoking Misrepresentation Standard Introduction Mirna Guzman v. Allstate Assurance Company is a pivotal case...