5th Circuit Case Commentaries

DANA WHITE v. US CORRECTIONS LLC: Re-evaluating the Motor Carrier Act Exemption in FLSA Overtime Claims

Date: May 4, 2021

DANA WHITE v. US CORRECTIONS LLC: Re-evaluating the Motor Carrier Act Exemption in FLSA Overtime Claims Introduction In the landmark case Dana White, Individually and on Behalf of All Others...

Laufer v. Mann Hospitality: Standing Requirements under the ADA and Clarification on Fee Awards

Date: Apr 29, 2021

Laufer v. Mann Hospitality: Standing Requirements under the ADA and Clarification on Fee Awards Introduction In Deborah Laufer v. Mann Hospitality, LLC, 996 F.3d 269 (5th Cir. 2021), the United...

Fifth Circuit Clarifies District Courts' Discretion in Compassionate Release under First Step Act

Date: Apr 29, 2021

Fifth Circuit Clarifies District Courts' Discretion in Compassionate Release under First Step Act Introduction In United States of America v. Fred Joseph Cooper, 996 F.3d 283 (5th Cir. 2021), the...

Exclusion of Qualified Immunity for Private Mental Health Professionals in Correctional Settings: Insights from Kathy R. Sanchez v. Natalee G. Oliver

Date: Apr 27, 2021

Exclusion of Qualified Immunity for Private Mental Health Professionals in Correctional Settings: Insights from Kathy R. Sanchez v. Natalee G. Oliver Introduction The case of Kathy R. Sanchez v....

Implications of Racial Bias and Ineffective Counsel in Capital Murder Proceedings: Analysis of Thomas v. Lumpkin

Date: Apr 24, 2021

Implications of Racial Bias and Ineffective Counsel in Capital Murder Proceedings: Analysis of Thomas v. Lumpkin Introduction The case of Andre Lee Thomas v. Bobby Lumpkin, directed by the Texas...

Fifth Circuit Reverses Qualified Immunity in Excessive Force Case Involving Maximal Restraint Position

Date: Apr 23, 2021

Fifth Circuit Reverses Qualified Immunity in Excessive Force Case Involving Maximal Restraint Position Introduction In the landmark case Estate of Jesse Aguirre v. City of San Antonio et al., the...

Affirmation of Qualified Immunity in Use of Deadly Force Cases: Batyukova v. Doege

Date: Apr 22, 2021

Affirmation of Qualified Immunity in Use of Deadly Force Cases: Batyukova v. Doege Introduction The case of Inessa G. Batyukova v. Brandon Lee Doege (994 F.3d 717, 5th Cir. 2021) presents a...

Contra Non Valentem Doctrine Does Not Toll Prescription in Products Liability Claims Absent Discovery Rule: 5th Circuit Affirms Summary Judgment in Taxotere Alopecia Litigation

Date: Apr 22, 2021

Contra Non Valentem Doctrine Does Not Toll Prescription in Products Liability Claims Absent Discovery Rule: 5th Circuit Affirms Summary Judgment in Taxotere Alopecia Litigation Introduction The case...

Reevaluating Multiplicity in Child Pornography Possession Cases: Insights from United States v. Naidoo

Date: Apr 20, 2021

Reevaluating Multiplicity in Child Pornography Possession Cases: Insights from United States v. Naidoo 1. Introduction In the landmark case of United States of America v. Taryn Goin Naidoo, the...

Causation in Failure-to-Warn Claims: Fifth Circuit Affirms Summary Judgment in Taxotere Litigation

Date: Apr 20, 2021

Causation in Failure-to-Warn Claims: Fifth Circuit Affirms Summary Judgment in Taxotere Litigation Introduction The legal obligations of pharmaceutical manufacturers to adequately warn about...

Affirmation of Qualified Immunity and Strict Standards for Failure-to-Train Claims in Hutchenson v. Dallas County

Date: Apr 13, 2021

Affirmation of Qualified Immunity and Strict Standards for Failure-to-Train Claims in Hutchenson v. Dallas County Introduction In the case of Nicole Hutchenson and Ruth Boatner,...

Affirmation of SSA Disability Denial: Standards for Mental Impairment Severity

Date: Apr 13, 2021

Affirmation of SSA Disability Denial: Standards for Mental Impairment Severity Introduction In the case of Cathy L. Jeansonne vs. Andrew M. Saul, Commissioner of Social Security, the United States...

Affirmation of District Court's Dismissal in Calhoun v. City of Houston Police Department

Date: Apr 9, 2021

Affirmation of District Court's Dismissal in Calhoun v. City of Houston Police Department Introduction Calhoun v. City of Houston Police Department is a significant appellate decision rendered by the...

Fifth Circuit Clarifies Jurisdiction in Compassionate Release Cases Under the First Step Act

Date: Apr 8, 2021

Fifth Circuit Clarifies Jurisdiction in Compassionate Release Cases Under the First Step Act Introduction In the case of United States of America v. Francesk Shkambi, 993 F.3d 388 (5th Cir. 2021),...

Fifth Circuit Reaffirms Standards for Reasonable Use of Force in Arrests: Cloud v. Stone

Date: Apr 7, 2021

Fifth Circuit Reaffirms Standards for Reasonable Use of Force in Arrests: Cloud v. Stone Introduction In the case of Mark David Cloud; Patti Brandt Cloud, Plaintiffs—Appellants, v. Mike Stone,...

ICWA after the Fifth Circuit’s En Banc Decision in Brackeen: Federal Indian Affairs Power Affirmed, Targeted Anticommandeering Limits Announced, Tribal Reordering Upheld, and BIA’s “Good Cause” Burden Vacated

Date: Apr 7, 2021

ICWA after the Fifth Circuit’s En Banc Decision in Brackeen: Federal Indian Affairs Power Affirmed, Targeted Anticommandeering Limits Announced, Tribal Reordering Upheld, and BIA’s “Good Cause”...

Affirmation of Qualified Immunity in Fourth Amendment Excessive Force Case

Date: Apr 2, 2021

Affirmation of Qualified Immunity in Fourth Amendment Excessive Force Case Introduction The case of Albina Roque, individually, as heir at law to the Estate of Jason Roque, and on behalf of all...

Affirmation of Summary Judgment in Ross v. Judson Independent School District: Implications for Discrimination and Due Process Claims

Date: Apr 2, 2021

Affirmation of Summary Judgment in Ross v. Judson Independent School District: Implications for Discrimination and Due Process Claims Introduction Ross v. Judson Independent School District, 993 F.3d...

Affirmation of Res Judicata and Acceleration Abandonment in Home Equity Foreclosure Proceedings: Davis v. Ocwen

Date: Apr 1, 2021

Affirmation of Res Judicata and Acceleration Abandonment in Home Equity Foreclosure Proceedings: Davis v. Ocwen Introduction The case of Lorita Davis; Desi Arnez Davis v. Ocwen Loan Servicing, LLC;...

Enforcement of Arbitration Clauses in Settlement Agreements: Insights from Polyflow v. Specialty RTP

Date: Mar 31, 2021

Enforcement of Arbitration Clauses in Settlement Agreements: Insights from Polyflow v. Specialty RTP Introduction The case Polyflow, L.L.C. v. Specialty RTP, L.L.C.; John R. Wright, Jr., adjudicated...