5th Circuit Case Commentaries

Affirmation of Summary Judgment in ADA Failure-to-Accommodate Claim: Defining a ‘Qualified Individual with a Disability’ in Safety-Sensitive Roles

Date: Feb 25, 2021

Affirmation of Summary Judgment in ADA Failure-to-Accommodate Claim: Defining a ‘Qualified Individual with a Disability’ in Safety-Sensitive Roles Introduction The case of Jay Weber v. BNSF Railway...

Governmental Immunity and Jurisdiction in Employment Termination: Insights from Tercero v. Texas Southmost College District

Date: Feb 25, 2021

Governmental Immunity and Jurisdiction in Employment Termination: Insights from Tercero v. Texas Southmost College District Introduction Tercero v. Texas Southmost College District is a pivotal case...

Proper Application of Federal Rule 41(b) in Response to Local Rule Violations: Campbell v. Wilkinson

Date: Feb 20, 2021

Proper Application of Federal Rule 41(b) in Response to Local Rule Violations: Campbell v. Wilkinson Introduction Campbell v. Wilkinson is a significant appellate decision by the United States Court...

Ripeness on Appeal: DM Arbor Court, Limited v. The City of Houston

Date: Feb 13, 2021

Ripeness on Appeal: DM Arbor Court, Limited v. The City of Houston Introduction In the landmark case DM Arbor Court, Limited v. The City of Houston, 988 F.3d 215 (5th Cir. 2021), the United States...

Affirmation of ACA's Section 9010 and Certification Rule by the Fifth Circuit

Date: Feb 13, 2021

Affirmation of ACA's Section 9010 and Certification Rule by the Fifth Circuit Introduction In the landmark case of State of Texas et al. v. Charles P. Rettig, decided on February 12, 2021, the United...

Fifth Circuit Overturns Dismissal of Excessive-Force Claims in Civil Commitment Case Following Conviction Reversal

Date: Feb 10, 2021

Fifth Circuit Overturns Dismissal of Excessive-Force Claims in Civil Commitment Case Following Conviction Reversal Introduction In the case of Lonnie Kade Welsh v. Correct Care Recovery Solutions et...

Fifth Circuit Upholds AEDPA's Exhaustion Bar in Denying Complete Defense Claims: Lucio v. TDCJ

Date: Feb 10, 2021

Fifth Circuit Upholds AEDPA's Exhaustion Bar in Denying Complete Defense Claims: Lucio v. TDCJ Introduction In the landmark case of Melissa Elizabeth Lucio v. Bobby Lumpkin, Director, Texas...

Affirmation of Pinholster Bar on New Evidence in Batson Challenge: Broadnax v. Lumpkin

Date: Feb 9, 2021

Affirmation of Pinholster Bar on New Evidence in Batson Challenge: Broadnax v. Lumpkin Introduction In the landmark case of James Garfield Broadnax v. Bobby Lumpkin, the United States Court of...

Fifth Circuit Upholds Qualified Immunity in Taser Use During Imminent Threat Scenario

Date: Feb 9, 2021

Fifth Circuit Upholds Qualified Immunity in Taser Use During Imminent Threat Scenario Introduction The case of Ramirez v. Guadarrama and Jefferson presents a significant examination of qualified...

Affirmation of Dismissal for Insufficient Claims in Cledera v. United States

Date: Feb 6, 2021

Affirmation of Dismissal for Insufficient Claims in Cledera v. United States Introduction In the case of Robert Paul Magtulis Cledera v. United States, the plaintiff, Robert Cledera, filed a pro se...

First Step Act Enhances Retroactive Fair Sentencing: Winters v. United States

Date: Feb 4, 2021

First Step Act Enhances Retroactive Fair Sentencing: Winters v. United States Introduction In the landmark case United States of America v. Jonathan Winters, the United States Court of Appeals for...

Stanford Investors Committee v. Bank Defendants: Intervention Denied in Ponzi Scheme Litigation

Date: Feb 4, 2021

Stanford Investors Committee v. Bank Defendants: Intervention Denied in Ponzi Scheme Litigation Introduction The appellate case Peggy Roif Rotstain, Official Stanford Investors Committee, Intervenor...

Affirmation of State Sovereign Immunity in ADA and FMLA Claims: Sullivan v. Texas A&M University System

Date: Feb 3, 2021

Affirmation of State Sovereign Immunity in ADA and FMLA Claims: Sullivan v. Texas A&M University System Introduction In Sullivan v. Texas A&M University System, the United States Court of Appeals for...

Mootness Applied to Diversity Visa Status Adjustment Claims: Ermuraki v. Renaud

Date: Feb 2, 2021

Mootness Applied to Diversity Visa Status Adjustment Claims: Ermuraki v. Renaud Introduction In Ermuraki v. Renaud, the United States Court of Appeals for the Fifth Circuit addressed a critical issue...

Fifth Circuit Affirms Denial of CAT Relief and Motion to Reopen in Removal Proceedings

Date: Feb 2, 2021

Fifth Circuit Affirms Denial of CAT Relief and Motion to Reopen in Removal Proceedings Introduction In the case of Edgar Tibakweitira v. Robert M. Wilkinson, Acting U.S. Attorney General, the United...

Ensuring Judicial Impartiality: Analysis of Miller v. Sam Houston State University and Texas State University System

Date: Jan 30, 2021

Ensuring Judicial Impartiality: Analysis of Miller v. Sam Houston State University and Texas State University System Introduction In the landmark case Audrey K. Miller, Plaintiff—Appellant, v. Sam...

Affirmation of Procedural Sufficiency in Sentencing: United States v. Coto-Mendoza

Date: Jan 26, 2021

Affirmation of Procedural Sufficiency in Sentencing: United States v. Coto-Mendoza Introduction United States of America v. Francisco Coto-Mendoza, 986 F.3d 583 (5th Cir. 2021), is a significant...

Affirmation of Denial of Social Security Benefits: Upholding the Stone Severity Standard under SSR 85-28

Date: Jan 23, 2021

Affirmation of Denial of Social Security Benefits: Upholding the Stone Severity Standard under SSR 85-28 Introduction Case: Luzenia S. Keel, Plaintiff—Appellant, v. Andrew M. Saul, Commissioner of...

Daubert Standards Affirmed for Rule 23 Class Certification in Prantil v. Arkema

Date: Jan 23, 2021

Daubert Standards Affirmed for Rule 23 Class Certification in Prantil v. Arkema Introduction In Prantil v. Arkema Inc., the United States Court of Appeals for the Fifth Circuit addressed critical...

Eligibility vs. Entitlement for Sentence Reduction under the First Step Act

Date: Jan 22, 2021

Eligibility vs. Entitlement for Sentence Reduction under the First Step Act Introduction In the case of United States of America v. George Whitehead, Jr., the United States Court of Appeals for the...