5th Circuit Case Commentaries

Affirming FCC's Authority to Protect National Security in Universal Service Fund Allocations: Huawei v. FCC

Date: Jun 19, 2021

Affirming FCC's Authority to Protect National Security in Universal Service Fund Allocations: Huawei v. FCC Introduction The case of Huawei Technologies USA, Inc.; Huawei Technologies Company,...

Fifth Circuit Affirms Denial of Qualified Immunity for Paramedics' Failure to Provide Medical Treatment to Pretrial Detainee

Date: Jun 18, 2021

Fifth Circuit Affirms Denial of Qualified Immunity for Paramedics' Failure to Provide Medical Treatment to Pretrial Detainee Introduction In the case of Christopher Kelson et al. v. Kyle Foster Clark...

5th Circuit Establishes Stricter Standards for Excusable Neglect in Filing Timely Answers Post-Removal

Date: Jun 15, 2021

5th Circuit Establishes Stricter Standards for Excusable Neglect in Filing Timely Answers Post-Removal Introduction The case of L.A. Public Insurance Adjusters, Incorporated v. Timothy John Nelson...

Reaffirming Limits on Personal Jurisdiction: Bulkley & Associates v. California Department of Industrial Relations

Date: Jun 11, 2021

Reaffirming Limits on Personal Jurisdiction: Bulkley & Associates v. California Department of Industrial Relations Introduction Bulkley & Associates, L.L.C., a Texas-based company specializing in...

Affirmation of Sentence Denial Under 18 U.S.C. § 3582(c)(1)(A)(i) in United States v. Garmon Coats

Date: Jun 10, 2021

Affirmation of Sentence Denial Under 18 U.S.C. § 3582(c)(1)(A)(i) in United States v. Garmon Coats Introduction United States of America v. Garmon Coats is a pivotal case adjudicated by the United...

Enforcement of Administrative Remedies and EEOC Charge Verification under Title VII: Insights from Ernst v. Methodist Hospital System

Date: Jun 9, 2021

Enforcement of Administrative Remedies and EEOC Charge Verification under Title VII: Insights from Ernst v. Methodist Hospital System Introduction In the case of James Ernst v. Methodist Hospital...

Interpretation of ERISA Transfer Provisions Favors Insured: Miller v. Reliance Standard Life Insurance Co.

Date: Jun 3, 2021

Interpretation of ERISA Transfer Provisions Favors Insured: Miller v. Reliance Standard Life Insurance Co. Introduction In the landmark case of Michael G. Miller v. Reliance Standard Life Insurance...

Fifth Circuit Upholds Limitation on Bivens Extension to First Amendment Retaliation Claims in Federal Prisons

Date: Jun 3, 2021

Fifth Circuit Upholds Limitation on Bivens Extension to First Amendment Retaliation Claims in Federal Prisons Introduction In Max Ray Butler v. S. Porter et al. (999 F.3d 287, 2021), the United...

Litigation Conduct Determines Arbitration Waiver: Fifth Circuit Sets New Precedent

Date: May 29, 2021

Litigation Conduct Determines Arbitration Waiver: Fifth Circuit Sets New Precedent Introduction The case of International Energy Ventures Management, L.L.C. v. United Energy Group, Limited (999 F.3d...

Fifth Circuit Establishes Standing for TCPA Claims Based on Nuisance from Robotexts

Date: May 27, 2021

Fifth Circuit Establishes Standing for TCPA Claims Based on Nuisance from Robotexts Introduction In the landmark case of Lucas Cranor v. 5 Star Nutrition, L.L.C., the United States Court of Appeals...

Limits on Extending Bivens Claims: First Amendment Retaliation in Correctional Facilities

Date: May 25, 2021

Limits on Extending Bivens Claims: First Amendment Retaliation in Correctional Facilities Introduction The case of Eric Watkins v. Three Administrative Remedy Coordinators of the Bureau of Prisons et...

Fifth Circuit Upholds Aggravated Felony Classification for Conspiracy to Commit Money Laundering under INA

Date: May 21, 2021

Fifth Circuit Upholds Aggravated Felony Classification for Conspiracy to Commit Money Laundering under INA Introduction In the case of Rajen Maniar v. Merrick Garland, U.S. Attorney General (998 F.3d...

Fifth Circuit Expands Antitrust and Trade Secret Protections in Conspiracy to Restrain Trade

Date: May 19, 2021

Fifth Circuit Expands Antitrust and Trade Secret Protections in Conspiracy to Restrain Trade Introduction The case of Academy of Allergy & Asthma in Primary Care; United Bloologics, L.L.C., doing...

Revisiting Qualified Immunity in Excessive Force Claims: The 5th Circuit’s Decision in Gregory V. Tucker v. City of Shreveport

Date: May 19, 2021

Revisiting Qualified Immunity in Excessive Force Claims: The 5th Circuit’s Decision in Gregory V. Tucker v. City of Shreveport Introduction In the landmark case of Gregory V. Tucker v. City of...

Pizarro Thomas v. United States: Establishing Nuances in Terry Stop and Frisk Standards

Date: May 18, 2021

Pizarro Thomas v. United States: Establishing Nuances in Terry Stop and Frisk Standards Introduction The case of United States of America v. Pizarro Thomas (997 F.3d 603) adjudicated by the United...

Affirmation of Bostock Principles in Title VII Transgender Discrimination Claims: Olivarez v. T-Mobile USA, Inc.

Date: May 15, 2021

Affirmation of Bostock Principles in Title VII Transgender Discrimination Claims: Olivarez v. T-Mobile USA, Inc. Introduction The case of Elijah Anthony Olivarez v. T-Mobile USA, Incorporated;...

Defining Seaman Status under the Jones Act: Extending the Substantial Connection Test

Date: May 12, 2021

Defining Seaman Status under the Jones Act: Extending the Substantial Connection Test Introduction Case: Gilbert Sanchez, Plaintiff—Appellant, v. Smart Fabricators of Texas, L.L.C.,...

Clarence Bass v. United States: Affirmation of Reasonable Suspicion and Sentencing Enhancements under ACCA and Firearm Laws

Date: May 12, 2021

Clarence Bass v. United States: Affirmation of Reasonable Suspicion and Sentencing Enhancements under ACCA and Firearm Laws Introduction Clarence Bass v. United States (996 F.3d 729, 2021) is a...

Pretext for Discrimination and Retaliation: Watkins v. Tregre Establishes Critical Protections Under Title VII and FMLA

Date: May 8, 2021

Pretext for Discrimination and Retaliation: Watkins v. Tregre Establishes Critical Protections Under Title VII and FMLA Introduction In Denise Watkins v. Michael Tregre, heard by the United States...

Bailey v. Saul: Classification of Past Relevant Work in Social Security Disability Claims

Date: May 4, 2021

Bailey v. Saul: Classification of Past Relevant Work in Social Security Disability Claims Introduction In the case of Josephine Bailey v. Andrew M. Saul, Commissioner of Social Security, decided by...