5th Circuit Case Commentaries

Federal Jurisdiction Over Stateless Entities: Insights from Mitchell v. Bailey and Hoopa Valley Tribe

Date: Dec 15, 2020

Federal Jurisdiction Over Stateless Entities: Insights from Mitchell v. Bailey and Hoopa Valley Tribe Introduction The case of Matthew Mitchell v. Orico Bailey and Hoopa Valley Tribe serves as a...

5th Circuit Rules IIED Claims Precluded by Existing Statutory Remedies under Title VII

Date: Dec 12, 2020

5th Circuit Rules IIED Claims Precluded by Existing Statutory Remedies under Title VII Introduction Stelly v. Duriso, 982 F.3d 403 (5th Cir. 2020) is a landmark case adjudicated by the United States...

USCIS Not Obligated to Travel to Incarcerated Applicants for Oath Administration: Mendoza-Tarango v. Flores

Date: Dec 9, 2020

USCIS Not Obligated to Travel to Incarcerated Applicants for Oath Administration: Mendoza-Tarango v. Flores 1. Introduction Miguel Angel Mendoza-Tarango v. Simona Flores is a pivotal case adjudicated...

Reaffirmation of Admiralty Jurisdiction: DBL 134 Declared a Dead Ship Under the Limitation of Liability Act

Date: Dec 8, 2020

Reaffirmation of Admiralty Jurisdiction: DBL 134 Declared a Dead Ship Under the Limitation of Liability Act Introduction The case of Southern Recycling, L.L.C. v. Nestor Aguilar et al. addresses...

Affirmation of Legitimate Non-Discriminatory Termination in Age Discrimination Claims

Date: Dec 8, 2020

Affirmation of Legitimate Non-Discriminatory Termination in Age Discrimination Claims Introduction The case of Rosemary Salazar v. Lubbock County Hospital District, d/b/a University Medical Center...

El Paso County v. Trump: Clarifying Standing in Federal Funding Allocation Challenges

Date: Dec 5, 2020

El Paso County v. Trump: Clarifying Standing in Federal Funding Allocation Challenges Introduction El Paso County, Texas and the Border Network for Human Rights (BNHR), collectively referred to as...

Brizzy v. Vizzy: Fifth Circuit Affirms Denial of Preliminary Injunction in Trademark Infringement Case

Date: Dec 4, 2020

Brizzy v. Vizzy: Fifth Circuit Affirms Denial of Preliminary Injunction in Trademark Infringement Case Introduction In the landmark case of Future Proof Brands, L.L.C. v. Molson Coors Beverage...

Affirmation of Qualified Immunity in Custodial Suicide Case: Bonilla v. Orange County

Date: Dec 4, 2020

Affirmation of Qualified Immunity in Custodial Suicide Case: Bonilla v. Orange County Introduction In the case of Estate of Rosa Bonilla v. Orange County, Texas, the United States Court of Appeals...

Telemedicine and Equal Protection: Insights from Hines v. Quillivan et al.

Date: Dec 3, 2020

Telemedicine and Equal Protection: Insights from Hines v. Quillivan et al. Introduction Hines v. Quillivan et al. is a pivotal case adjudicated by the United States Court of Appeals for the Fifth...

Cano v. United States: Affirmation of Sentencing Discretion in Supervised Release Revocations

Date: Dec 3, 2020

Cano v. United States: Affirmation of Sentencing Discretion in Supervised Release Revocations Introduction Cano v. United States (981 F.3d 422, 2020) is a pivotal case adjudicated by the United...

Assessment of Habeas Corpus Under 28 U.S.C. § 2241 in the Context of COVID-19: Cheek v. Warden of Federal Medical Center

Date: Nov 25, 2020

Assessment of Habeas Corpus Under 28 U.S.C. § 2241 in the Context of COVID-19: Cheek v. Warden of Federal Medical Center Introduction John Ray Cheek is a federal prisoner incarcerated at the Federal...

Affirmation of IDEA Exhaustion Requirement in ADA Claims: Analysis of T.B. v. Northwest Independent School District

Date: Nov 24, 2020

Affirmation of IDEA Exhaustion Requirement in ADA Claims: Analysis of T.B. v. Northwest Independent School District Introduction In the case of T.B., by and through his next friend and mother Jenny...

Establishing Limits on Medicaid Patients' Ability to Challenge Provider Qualifications under § 1983

Date: Nov 24, 2020

Establishing Limits on Medicaid Patients' Ability to Challenge Provider Qualifications under § 1983 Introduction In the case of Planned Parenthood of Greater Texas Family Planning & Preventative...

Fifth Circuit Clarifies Excessive Force Standards and Qualified Immunity in Joseph v. Bartlett et al.

Date: Nov 21, 2020

Fifth Circuit Clarifies Excessive Force Standards and Qualified Immunity in Joseph v. Bartlett et al. Introduction In the landmark case of Katie Joseph, on behalf of the Estate of Kendole Joseph,...

Balancing Institutional Security and Inmate Rights: Affirmation of Reasonable Strip Searches in Correctional Facilities

Date: Nov 20, 2020

Balancing Institutional Security and Inmate Rights: Affirmation of Reasonable Strip Searches in Correctional Facilities Introduction The case of Desmond C. Parker v. O. Woods et al. addresses...

High-Crime Area and Gang Affiliation Insufficient for Reasonable Suspicion: Fifth Circuit Reverses Conviction

Date: Nov 17, 2020

High-Crime Area and Gang Affiliation Insufficient for Reasonable Suspicion: Fifth Circuit Reverses Conviction Introduction In the case of United States of America v. Raymond McKinney, the United...

Fifth Circuit Affirms Personal Receipt Triggers 90-Day Deadline in Employment Discrimination Cases

Date: Nov 14, 2020

Fifth Circuit Affirms Personal Receipt Triggers 90-Day Deadline in Employment Discrimination Cases Introduction The case of Wendy Carrizal v. Megan J. Brennan, Postmaster General of the U.S. Postal...

Conspiracy to Distribute Methamphetamine: Affirmation of Career Offender Sentencing in United States v. Arayatanon

Date: Nov 14, 2020

Conspiracy to Distribute Methamphetamine: Affirmation of Career Offender Sentencing in United States v. Arayatanon Introduction In United States of America v. Frederick Arayatanon, the United States...

Affirmation of First Step Act Sentencing Limitations: United States v. Batiste

Date: Nov 14, 2020

Affirmation of First Step Act Sentencing Limitations: United States v. Batiste Introduction In United States v. Batiste, the United States Court of Appeals for the Fifth Circuit addressed the...

Limitations on Fourth Amendment Standing in GPS Tracking Cases: Analysis of United States v. Beaudion

Date: Nov 12, 2020

Limitations on Fourth Amendment Standing in GPS Tracking Cases: Analysis of United States v. Beaudion Introduction In United States v. Beaudion, 979 F.3d 1092 (5th Cir. 2020), the United States Court...