5th Circuit Case Commentaries

Credibility Determinations in Asylum and CAT Claims: Insights from Arulnanthy v. Garland

Date: Nov 9, 2021

Credibility Determinations in Asylum and CAT Claims: Insights from Arulnanthy v. Garland Introduction The case of Jeevithan Arulnanthy v. Merrick Garland (17 F.4th 586) represents a significant...

Affirmation of Summary Judgment in FMLA Retaliation Claims: Houston v. Texas Department of Agriculture

Date: Nov 6, 2021

Affirmation of Summary Judgment in FMLA Retaliation Claims: Houston v. Texas Department of Agriculture Introduction In Ida Johnson Houston v. Texas Department of Agriculture; Commissioner Sid Miller,...

Affirmation of Res Judicata and Dismissal of Clean Water Act Claims in Stevens v. St. Tammany Parish Government

Date: Nov 4, 2021

Affirmation of Res Judicata and Dismissal of Clean Water Act Claims in Stevens v. St. Tammany Parish Government Introduction The case of Terri Lewis Stevens; Craig Rivera; Jennifer Rivera vs. St....

Enforcement of Arbitration Clauses via Electronic Notification: Gezu v. Charter Communications

Date: Nov 3, 2021

Enforcement of Arbitration Clauses via Electronic Notification: Gezu v. Charter Communications Introduction In Fisseha Gezu v. Charter Communications, 17 F.4th 547 (5th Cir. 2021), the United States...

Clarifying Protected Activities and Reasonable Belief in Retaliation Claims under 42 U.S.C. § 1981: Scott v. U.S. Bank

Date: Nov 3, 2021

Clarifying Protected Activities and Reasonable Belief in Retaliation Claims under 42 U.S.C. § 1981: Scott v. U.S. Bank Introduction The case of Paul Scott v. U.S. Bank National Association (16 F.4th...

Reaffirming Anti-Circularity in Asylum Law: The Fifth Circuit's Decision in Jaco v. Garland

Date: Oct 28, 2021

Reaffirming Anti-Circularity in Asylum Law: The Fifth Circuit's Decision in Jaco v. Garland Introduction Jaco v. Garland, decided by the United States Court of Appeals for the Fifth Circuit on...

Fifth Circuit Upholds Dismissal of Plaintiff's Discrimination and Bias Claims in Mandawala v. Northeast Baptist Hospital

Date: Oct 27, 2021

Fifth Circuit Upholds Dismissal of Plaintiff's Discrimination and Bias Claims in Mandawala v. Northeast Baptist Hospital Introduction In the case of Symon Mandawala v. Northeast Baptist Hospital et...

Affirmation of Qualified Immunity in Excessive Force Claims: Harmon & Woods v. City of Arlington

Date: Oct 27, 2021

Affirmation of Qualified Immunity in Excessive Force Claims: Harmon & Woods v. City of Arlington Introduction The case of Terrence Harmon; Sherley Woods, as Administratrix for the Estate of O'Shae...

Fifth Circuit’s Landmark Decision in Triton v. FDA: Enforcing Reasoned Agency Actions and Reliance Interests in E-Cigarette Regulation

Date: Oct 27, 2021

Fifth Circuit’s Landmark Decision in Triton v. FDA: Enforcing Reasoned Agency Actions and Reliance Interests in E-Cigarette Regulation Introduction The case of Wages and White Lion Investments,...

Affirmation of Jurisdictional Limits in Watchlist Placement: Ghedi v. Mayorkas et al.

Date: Oct 26, 2021

Affirmation of Jurisdictional Limits in Watchlist Placement: Ghedi v. Mayorkas et al. 1. Introduction The case Abdulaziz Ghedi v. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security;...

Establishing Class Action Jurisdiction and Sovereign Immunity in Environmental Tort Cases: Butler v. Denka Performance Elastomer

Date: Oct 16, 2021

Establishing Class Action Jurisdiction and Sovereign Immunity in Environmental Tort Cases: Butler v. Denka Performance Elastomer Introduction In Butler v. Denka Performance Elastomer, L.L.C. et al....

Affirmation of District Court's Discretion in Denying Section 2255 Motion: United States v. Guzman

Date: Oct 7, 2021

Affirmation of District Court's Discretion in Denying Section 2255 Motion: United States v. Guzman Introduction In United States v. Guzman, the Fifth Circuit Court of Appeals addressed the appellate...

Standing to Sue Prosecutors for Non-Prosecution After Assault: Lefebure v. D'Aquilla Sets Precedent

Date: Oct 6, 2021

Standing to Sue Prosecutors for Non-Prosecution After Assault: Lefebure v. D'Aquilla Sets Precedent Introduction Lefebure v. D'Aquilla is a significant case adjudicated by the United States Court of...

Goldring v. United States: Reevaluation of Underpayment Interest Assessment

Date: Oct 5, 2021

Goldring v. United States: Reevaluation of Underpayment Interest Assessment Introduction Goldring v. United States, 15 F.4th 639 (2021), is a pivotal case decided by the United States Court of...

Extended Overdraft Charges as Non-Interest Fees: Affirmation of OCC Interpretation under the National Bank Act

Date: Sep 30, 2021

Extended Overdraft Charges as Non-Interest Fees: Affirmation of OCC Interpretation under the National Bank Act Introduction The case Sharonda L. Johnson v. BOKF National Association, reported in 15...

Single-Document Notice Requirement under §1229(a) in In Absentia Removal Proceedings Post Niz-Chavez

Date: Sep 28, 2021

Single-Document Notice Requirement under §1229(a) in In Absentia Removal Proceedings Post Niz-Chavez Introduction Rodriguez v. Garland is a pivotal case decided by the United States Court of Appeals...

Exhaustion of Administrative Remedies in Compassionate Release: United States v. Garrett

Date: Sep 25, 2021

Exhaustion of Administrative Remedies in Compassionate Release: United States v. Garrett Introduction The case of United States of America v. Leondus Garrett, adjudicated by the United States Court...

Qualified Immunity and Law Enforcement's Identity Requests: Analysis of Kokesh v. Curlee

Date: Sep 22, 2021

Qualified Immunity and Law Enforcement's Identity Requests: Analysis of Kokesh v. Curlee Introduction In the landmark case of Adam Kokesh v. Kevin Curlee, adjudicated by the United States Court of...

Knowledge Requirement and Harmless Error in the Controlled Analogue Enforcement Act: A Comprehensive Analysis of United States v. Muhammad

Date: Sep 17, 2021

Knowledge Requirement and Harmless Error in the Controlled Analogue Enforcement Act: A Comprehensive Analysis of United States v. Muhammad Introduction In the case of United States of America v....

5th Circuit Establishes Claim-Specific Arbitration Waivers in Forby v. One Technologies

Date: Sep 15, 2021

5th Circuit Establishes Claim-Specific Arbitration Waivers in Forby v. One Technologies Introduction The case Vickie Forby v. One Technologies, L.P., heard by the United States Court of Appeals for...