5th Circuit Case Commentaries

Qualified Immunity Denied in Excessive Force Case: Poole v. City of Shreveport

Date: Sep 11, 2021

Qualified Immunity Denied in Excessive Force Case: Poole v. City of Shreveport Introduction In Janice Irene Creech Poole v. City of Shreveport; Jon Briceno, 13 F.4th 420 (2021), the United States...

Enhancing Musical Expression: Barilla v. City of Houston on Busking Ordinances

Date: Sep 11, 2021

Enhancing Musical Expression: Barilla v. City of Houston on Busking Ordinances Introduction Barilla v. City of Houston is a landmark case decided by the United States Court of Appeals for the Fifth...

Clarifying the Salary Basis Test for Highly Compensated Employees under the Fair Labor Standards Act

Date: Sep 10, 2021

Clarifying the Salary Basis Test for Highly Compensated Employees under the Fair Labor Standards Act Introduction In the landmark case Michael J. Hewitt v. Helix Energy Solutions Group, Incorporated,...

Affirmation and Partial Vacatur in RICO and VICAR Convictions: United States v. McClaren et al.

Date: Sep 10, 2021

Affirmation and Partial Vacatur in RICO and VICAR Convictions: United States v. McClaren et al. Introduction The appellate decision in United States of America v. Delwin McClaren; Dedrick Keelen;...

Reevaluation of Diversity Jurisdiction in Employment Litigation: Hicks v. Martinrea Automotive Structures

Date: Sep 8, 2021

Reevaluation of Diversity Jurisdiction in Employment Litigation: Hicks v. Martinrea Automotive Structures Introduction The case of Hicks v. Martinrea Automotive Structures, adjudicated by the United...

United States v. Scott: Affirming Defense Counsel's Strategic Discretion Under Strickland

Date: Aug 28, 2021

United States v. Scott: Affirming Defense Counsel's Strategic Discretion Under Strickland A Comprehensive Commentary on 11 F.4th 364 Decision by the Fifth Circuit 1. Introduction In United States of...

Ward v. United States: Affirmation of District Court's Use of §3553(a) Factors in Compassionate Release Denials

Date: Aug 27, 2021

Ward v. United States: Affirmation of District Court's Use of §3553(a) Factors in Compassionate Release Denials Introduction Jessica Ward (also known as Jessica Lynn Ward), the Petitioner-Appellant,...

Affirmation of Summary Judgment in Jennings v. Towers Watson Establishes Clarity on ADA's Temporary Injuries and Exhaustion of Administrative Remedies

Date: Aug 26, 2021

Affirmation of Summary Judgment in Jennings v. Towers Watson Establishes Clarity on ADA's Temporary Injuries and Exhaustion of Administrative Remedies Introduction In the landmark case of Christian...

Clarifying the 'Employee' Definition under the Texas Anti-Indemnity Act: Insights from Maxim Crane Works v. Zurich

Date: Aug 26, 2021

Clarifying the 'Employee' Definition under the Texas Anti-Indemnity Act: Insights from Maxim Crane Works v. Zurich Introduction The case of Maxim Crane Works, L.P. v. Zurich American Insurance...

Enhancing the Scope of the Law Enforcement Proviso: Insights from Dickson v. United States

Date: Aug 24, 2021

Enhancing the Scope of the Law Enforcement Proviso: Insights from Dickson v. United States Introduction Case Citation: Bryan Kerr Dickson v. United States of America, 11 F.4th 308 (U.S. Court of...

Hester v. Bell-Textron: 5th Circuit Clarifies Causation and Interference Standards for FMLA Claims

Date: Aug 24, 2021

Hester v. Bell-Textron: 5th Circuit Clarifies Causation and Interference Standards for FMLA Claims Introduction James R. Hester, an engineer employed by Bell-Textron, Incorporated, filed a lawsuit...

Fifth Circuit Reinforces APA Standards: DHS's Rescission of Migrant Protection Protocols Found Arbitrary and Capricious

Date: Aug 20, 2021

Fifth Circuit Reinforces APA Standards: DHS's Rescission of Migrant Protection Protocols Found Arbitrary and Capricious Introduction In the case of State of Texas; State of Missouri v. Joseph R....

Comprehensive Commentary on Texas Entertainment Association v. Glenn Hegar: Fifth Circuit's Landmark Ruling on Associational Standing and First Amendment Constraints

Date: Aug 20, 2021

Comprehensive Commentary on Texas Entertainment Association v. Glenn Hegar: Fifth Circuit's Landmark Ruling on Associational Standing and First Amendment Constraints Introduction The case of Texas...

Campos v. Steves & Sons: Fifth Circuit Clarifies FMLA Retaliation Standards

Date: Aug 20, 2021

Campos v. Steves & Sons: Fifth Circuit Clarifies FMLA Retaliation Standards Introduction In Abel Campos v. Steves & Sons, Incorporated (10 F.4th 515, 2021), the United States Court of Appeals for the...

Reversal of Rule 12(b)(6) Dismissal in Fraud and RICO Claims: Impact on Statute of Limitations Analysis

Date: Aug 12, 2021

Reversal of Rule 12(b)(6) Dismissal in Fraud and RICO Claims: Impact on Statute of Limitations Analysis Introduction In the significant appellate case of Petrobras America, Incorporated v. Samsung...

Enhancing Trademark Protections in Search-Engine Advertising: A Comprehensive Analysis of Adler v. McNeil Consultants

Date: Aug 11, 2021

Enhancing Trademark Protections in Search-Engine Advertising: A Comprehensive Analysis of Adler v. McNeil Consultants Introduction The case of Jim S. Adler, P.C.; Jim Adler v. McNeil Consultants,...

Forfeiture of Arguments Due to Failure to File Timely Opposition in the E-Filing Era: Rollins v. Home Depot

Date: Aug 10, 2021

Forfeiture of Arguments Due to Failure to File Timely Opposition in the E-Filing Era 1. Introduction In Kevin Rollins v. Home Depot USA, Incorporated, 8 F.4th 393 (5th Cir. 2021), the Fifth Circuit...

Hostile Work Environment Under 42 U.S.C. § 1981: Limited but Severe Racial Harassment Recognized

Date: Aug 7, 2021

Hostile Work Environment Under 42 U.S.C. § 1981: Limited but Severe Racial Harassment Recognized Introduction In the case of Michael Johnson v. PRIDE Industries, Inc., the United States Court of...

Affirmation of Summary Judgment Upholding Employer’s Legitimate Reasons in Discrimination and Retaliation Claims

Date: Aug 7, 2021

Affirmation of Summary Judgment Upholding Employer’s Legitimate Reasons in Discrimination and Retaliation Claims Introduction In the case of Pierre D. Jones v. Gulf Coast Restaurant Group,...

Fifth Circuit Establishes New Standards for Timely Removal Based on Federal-Officer Jurisdiction in Environmental Litigation

Date: Aug 6, 2021

Fifth Circuit Establishes New Standards for Timely Removal Based on Federal-Officer Jurisdiction in Environmental Litigation Introduction In the landmark case The Parish of Plaquemines v. Chevron...