5th Circuit Case Commentaries

Foreseeability of Harm and Bystander Standing in Maritime Wrongful Death: Ortega Garcia v. United States

Date: Jan 20, 2021

Foreseeability of Harm and Bystander Standing in Maritime Wrongful Death: Ortega Garcia v. United States Introduction The case of Francisco Ortega Garcia, individually and as surviving spouse of...

CWA Citizen Suits Can Proceed When State Enforcement Lacks Comparable Provisions: 5th Circuit Reverses Dismissal in Stringer v. Town of Jonesboro

Date: Jan 19, 2021

CWA Citizen Suits Can Proceed When State Enforcement Lacks Comparable Provisions: 5th Circuit Reverses Dismissal in Stringer v. Town of Jonesboro Introduction In Renee Stringer v. Town of Jonesboro;...

Affirmation of Qualified Immunity in Civil Commitment §1983 Claims: Brown v. Tarrant County

Date: Jan 19, 2021

Affirmation of Qualified Immunity in Civil Commitment §1983 Claims: Brown v. Tarrant County Introduction Brown v. Tarrant County is a pivotal case adjudicated by the United States Court of Appeals...

Revisiting HIPAA Enforcement: Insights from University of Texas M.D. Anderson Cancer Center v. HHS

Date: Jan 15, 2021

Revisiting HIPAA Enforcement: Insights from University of Texas M.D. Anderson Cancer Center v. HHS Introduction The case of University of Texas M.D. Anderson Cancer Center v. United States Department...

Defining the Relevant Market in Antitrust Claims: Insights from Shah v. VHS San Antonio Partners

Date: Jan 14, 2021

Defining the Relevant Market in Antitrust Claims: Insights from Shah v. VHS San Antonio Partners Introduction In Shah v. VHS San Antonio Partners, L.L.C., the United States Court of Appeals for the...

Equal Protection and Emergency Measures: Big Tyme Investments v. Edwards

Date: Jan 14, 2021

Equal Protection and Emergency Measures: Big Tyme Investments v. Edwards Introduction In the landmark case Big Tyme Investments, L.L.C. et al. v. Edwards, 985 F.3d 456 (5th Cir. 2021), a coalition of...

Herndon v. Upton: Establishing Mootness in Habeas §2241 Petitions Post-Release

Date: Jan 14, 2021

Herndon v. Upton: Establishing Mootness in Habeas §2241 Petitions Post-Release Introduction Herndon v. Upton, 985 F.3d 443 (5th Cir. 2021), addresses the critical issue of mootness in the context of...

Establishing a Rigorous Framework for "Similarly Situated" in FLSA Collective Actions: Swaeles et al. v. KLLM Transport Services

Date: Jan 13, 2021

Establishing a Rigorous Framework for "Similarly Situated" in FLSA Collective Actions: Swaeles et al. v. KLLM Transport Services Introduction The case of Harry Swaeles; Corey Lilly; Kyle Shettles;...

State Sovereign Immunity Upholds Dismissal of Academic Retaliation Claims in Doe v. Harrell

Date: Jan 8, 2021

State Sovereign Immunity Upholds Dismissal of Academic Retaliation Claims in Doe v. Harrell Introduction The case of John Doe v. Melissa Harrell et al. addresses the complex interplay between...

Establishing Prima Facie Pay Discrimination Claims: Reversal in Lindsley v. TRT Holdings

Date: Jan 8, 2021

Establishing Prima Facie Pay Discrimination Claims: Reversal in Lindsley v. TRT Holdings Introduction Lindsley v. TRT Holdings, Inc. is a significant case adjudicated by the United States Court of...

Balancing Public Interest and Privacy in Employment Terminations: Taylor-Travis v. Jackson State University

Date: Jan 7, 2021

Balancing Public Interest and Privacy in Employment Terminations: Taylor-Travis v. Jackson State University Introduction In the case of Denise Taylor-Travis v. Jackson State University, docket number...

Good Faith Exception Limited by Probable Cause in Digital Evidence Searches: Morton v. USA

Date: Jan 6, 2021

Good Faith Exception Limited by Probable Cause in Digital Evidence Searches: Morton v. USA Introduction United States of America v. Brian Matthew Morton is a pivotal case adjudicated by the United...

Affirmation of Denial for Compassionate Release: Standards for Extraordinary and Compelling Reasons Amid COVID-19

Date: Jan 6, 2021

Affirmation of Denial for Compassionate Release: Standards for Extraordinary and Compelling Reasons Amid COVID-19 Introduction In the landmark case United States of America v. Chadwick Marvin...

Establishing Enhanced Valuation for Bribe Transactions under 18 U.S.C. § 666(a)(1)(B)

Date: Jan 6, 2021

Establishing Enhanced Valuation for Bribe Transactions under 18 U.S.C. § 666(a)(1)(B) Introduction The case of United States of America v. Rodolfo Rudy Delgado (984 F.3d 435, 5th Cir. 2021) marks a...

Right to a Speedy Trial Reiterated: Application of the BARKER v. WINGO Balancing Test in United States v. Duran-Gomez

Date: Dec 24, 2020

Right to a Speedy Trial Reiterated: Application of the BARKER v. WINGO Balancing Test in United States v. Duran-Gomez Introduction In the case of United States of America v. Wilmar Rene Duran-Gomez...

5th Circuit Establishes Clarified Standards for FLSA Claims in H-2B Visa Employment Cases

Date: Dec 22, 2020

5th Circuit Establishes Clarified Standards for FLSA Claims in H-2B Visa Employment Cases Introduction In the landmark case RUBEN MOLINA-ARANDA; JOSE EDUARDO MARTINEZ-VELA; JUAN GERARDO LOPEZ-QUESADA...

Defining Seller Status for E-Commerce Platforms: Amazon v. McMillan

Date: Dec 19, 2020

Defining Seller Status for E-Commerce Platforms: Amazon v. McMillan Introduction The case of Morgan McMillan v. Amazon.com, Inc. addresses a pivotal question in the realm of e-commerce and product...

Qualified Immunity and Procedural Due Process: Analysis of Cunningham v. Castloo

Date: Dec 19, 2020

Qualified Immunity and Procedural Due Process: Analysis of Cunningham v. Castloo Introduction Cunningham v. Castloo, 983 F.3d 185 (5th Cir. 2020), is a pivotal case addressing the intersection of...

Enforceability of Agency Regulations Under 42 U.S.C. § 1983: Insights from Thurman v. Medical Transportation Management, Inc.

Date: Dec 16, 2020

Enforceability of Agency Regulations Under 42 U.S.C. § 1983: Insights from Thurman v. Medical Transportation Management, Inc. Introduction The case of Leonard Thurman v. Medical Transportation...

Affirmation of Motion to Dismiss Under Federal Pleading Standards: Strickland v. Bank of New York Mellon

Date: Dec 15, 2020

Affirmation of Motion to Dismiss Under Federal Pleading Standards: Strickland v. Bank of New York Mellon Introduction The case of Cline Strickland; Karen Strickland v. Bank of New York Mellon; Ocwen...