5th Circuit Case Commentaries

Enforcement of Forum-Selection Clauses in International Agreements: Fintech Fund v. Horne

Date: Nov 11, 2020

Enforcement of Forum-Selection Clauses in International Agreements: Fintech Fund v. Horne Introduction Fintech Fund, F.L.P. v. Ralph Horne is a significant appellate case decided by the United States...

Affirmation of Summary Judgment in Zeng v. Texas Tech University: Clarifying Employment-At-Will and Discrimination Protections

Date: Nov 10, 2020

Affirmation of Summary Judgment in Zeng v. Texas Tech University: Clarifying Employment-At-Will and Discrimination Protections Introduction In the case of Wei-Ping Zeng v. Texas Tech University...

Affirming Firearm Possession in Drug-Trafficking Under 18 U.S.C. §924(c) and Procedural Corrections: A Comprehensive Analysis of United States v. Cooper

Date: Nov 10, 2020

Affirming Firearm Possession in Drug-Trafficking Under 18 U.S.C. §924(c) and Procedural Corrections: A Comprehensive Analysis of United States v. Cooper Introduction In the case of United States of...

Enforcement of Mandatory Forum Selection Clauses in Contractual Agreements: PCL Civil Constructors v. Arch Insurance Co.

Date: Nov 7, 2020

Enforcement of Mandatory Forum Selection Clauses in Contractual Agreements: PCL Civil Constructors, Inc. v. Arch Insurance Company Introduction The case of PCL Civil Constructors, Incorporated...

Reversal of Summary Judgment and Sanctions for Spoliation in Coastal Bridge Co. v. Heatec

Date: Nov 7, 2020

Reversal of Summary Judgment and Sanctions for Spoliation in Coastal Bridge Co. v. Heatec Introduction The appellate decision in Coastal Bridge Company, L.L.C. v. Heatec, Inc. addresses critical...

Kendrick v. United States: Upholding Wiretap Legitimacy and Conspiracy Conviction

Date: Nov 4, 2020

Kendrick v. United States: Upholding Wiretap Legitimacy and Conspiracy Conviction 1. Introduction In the case of United States of America v. Troy Kendrick, Jr. (980 F.3d 432, 5th Cir. 2020), the...

Defining Particularity and Social Distinction in Withholding of Removal: Insights from Suate-Orellana v. Barr

Date: Nov 4, 2020

Defining Particularity and Social Distinction in Withholding of Removal: Insights from Suate-Orellana v. Barr Introduction The case of Ninoska Suate-Orellana v. William P. Barr, U.S. Attorney General...

Fifth Circuit Sets Precedent on FMLA Protected Activities and Retaliation Claims

Date: Nov 4, 2020

Fifth Circuit Sets Precedent on FMLA Protected Activities and Retaliation Claims Introduction In the case of John Besser v. Texas General Land Office, decided on November 3, 2020, the United States...

Affirmation of Procedural Exhaustion in Compassionate Release Cases: United States v. Rivas

Date: Nov 3, 2020

Affirmation of Procedural Exhaustion in Compassionate Release Cases: United States v. Rivas Introduction In the case of United States of America v. Joe Gary Rivas, Jr., the United States Court of...

Enhancing the Definition of "Crime of Violence" under 18 U.S.C. § 924(c): The Fifth Circuit's Decision in In Re: Orlando Cordia Hall

Date: Oct 31, 2020

Enhancing the Definition of "Crime of Violence" under 18 U.S.C. § 924(c): The Fifth Circuit's Decision in In Re: Orlando Cordia Hall Introduction In the landmark case IN RE: ORLANDO CORDIA HALL, Mo...

Kimeka Price v. EPA: Defining Adverse Employment Actions in Title VII Claims

Date: Oct 31, 2020

Kimeka Price v. EPA: Defining Adverse Employment Actions in Title VII Claims Introduction The case Kimeka Price v. Andrew Wheeler, Acting Administrator, U.S. Environmental Protection Agency was...

Speech First, Inc. v. Fenvés: Affirming Associational Standing in Free Speech Policy Challenges

Date: Oct 29, 2020

Speech First, Inc. v. Fenvés: Affirming Associational Standing in Free Speech Policy Challenges Introduction In the landmark case Speech First, Inc. v. Gregory L. Fenvés, the United States Court of...

Reinforcing Personal Jurisdiction Standards: Libersat v. Sundance Energy, Inc.

Date: Oct 27, 2020

Reinforcing Personal Jurisdiction Standards: Libersat v. Sundance Energy, Inc. Introduction In the landmark case of Libersat v. Sundance Energy, Inc., the United States Court of Appeals for the Fifth...

Affirmation of FTCA Customs-Duty Exception and Qualified Immunity for CBP Agents in Border Seizure Context

Date: Oct 24, 2020

Affirmation of FTCA Customs-Duty Exception and Qualified Immunity for CBP Agents in Border Seizure Context Introduction The case of Emmanuel Angulo v. Shawn Brown, Jeffery McCrystal, and the United...

Clarifying Qualified Immunity in Unreasonable Search Allegations: Arnold v. Williams

Date: Oct 24, 2020

Clarifying Qualified Immunity in Unreasonable Search Allegations: Arnold v. Williams Introduction Arnold v. Williams, 979 F.3d 262 (5th Cir. 2020), is a pivotal case adjudicated by the United States...

Reanimating Zombie Laws: Standing to Challenge Unenforced Charter Provisions in Houston

Date: Oct 24, 2020

Reanimating Zombie Laws: Standing to Challenge Unenforced Charter Provisions in Houston Introduction The case of Joe Richard Pool, III; Trenton Donn Pool; Accelevate2020, L.L.C. v. City of Houston;...

Affirming AEDPA’s Successive Habeas Petition Bar on Rule 60(b) Motions: Will v. Lumpkin

Date: Oct 23, 2020

Affirming AEDPA’s Successive Habeas Petition Bar on Rule 60(b) Motions: Will v. Lumpkin Introduction In Robert Gene Will II v. Bobby Lumpkin, the United States Court of Appeals for the Fifth Circuit...

Fifth Circuit Rules section 2241 Habeas Corpus Petition as Abuse of the Writ in Postconviction Challenges

Date: Oct 21, 2020

Fifth Circuit Rules section 2241 Habeas Corpus Petition as Abuse of the Writ in Postconviction Challenges Introduction In the case of Roberto Beras v. Calvin Johnson, Warden, Oakdale Federal...

5th Circuit Upholds Texas Mail-in Ballot Signature Verification Procedures Amid Due Process Challenge

Date: Oct 20, 2020

5th Circuit Upholds Texas Mail-in Ballot Signature Verification Procedures Amid Due Process Challenge Introduction In the landmark case Doctor George Richardson et al. v. Texas Secretary of State,...

Fifth Circuit Vacates ACA Challenge Dismissal in Dierlam v. Trump, Mandates Thorough Mootness Analysis

Date: Oct 16, 2020

Fifth Circuit Vacates ACA Challenge Dismissal in Dierlam v. Trump, Mandates Thorough Mootness Analysis Introduction John J. Dierlam v. Donald J. Trump et al. is a significant case adjudicated by the...