5th Circuit Case Commentaries

Balancing Public Health and Voting Rights: Fifth Circuit's Ruling in Mi Familia Vota v. Abbott

Date: Oct 15, 2020

Balancing Public Health and Voting Rights: Fifth Circuit's Ruling in Mi Familia Vota v. Abbott Introduction The case of Mi Familia Vota; Texas State Conference of the NAACP; Guadalupe Torres v. Greg...

Twenty-Sixth Amendment Upholds Age-Based Mail-In Voting in Texas

Date: Oct 15, 2020

Twenty-Sixth Amendment Upholds Age-Based Mail-In Voting in Texas Introduction The case of Texas Democratic Party v. Abbott addresses a pivotal question in election law: whether age-based restrictions...

Distinguishing Civil and Criminal Contempt Sanctions: Insights from Ravago Americas L.L.C. v. Vinmar International Limited

Date: Oct 14, 2020

Distinguishing Civil and Criminal Contempt Sanctions: Insights from Ravago Americas L.L.C. v. Vinmar International Limited Introduction The case of Ravago Americas L.L.C. v. Vinmar International...

Reaffirming PLRA Exhaustion Requirements and Deliberate Indifference Standards in the Context of COVID-19: Valentine v. Collier

Date: Oct 14, 2020

Reaffirming PLRA Exhaustion Requirements and Deliberate Indifference Standards in the Context of COVID-19: Valentine v. Collier Introduction The case of Valentine v. Collier addresses critical issues...

Affirmation of Summary Judgment in McGill v. BP: Reinforcing Daubert Standards in Toxic Tort Litigation

Date: Oct 13, 2020

Affirmation of Summary Judgment in McGill v. BP: Reinforcing Daubert Standards in Toxic Tort Litigation Introduction The case of Blaine McGill v. BP Exploration & Production, Incorporated; BP America...

Affirmation of Denial for Withdrawal of Guilty Plea Based on Ineffective Assistance of Counsel: United States v. Strother

Date: Oct 10, 2020

Affirmation of Denial for Withdrawal of Guilty Plea Based on Ineffective Assistance of Counsel: United States v. Strother Introduction In the case of United States v. Maceo Strother, the defendant,...

Ensuring Consistency Between Oral Sentencing Pronouncements and Written Supervised Release Conditions: A Comprehensive Analysis of United States v. Omigie

Date: Oct 8, 2020

Ensuring Consistency Between Oral Sentencing Pronouncements and Written Supervised Release Conditions: A Comprehensive Analysis of United States v. Omigie Introduction In the case of United States of...

Limitation of Manufacturer Liability Under the Mississippi Product Liability Act: Jordan v. Maxfield & Oberton Holdings

Date: Oct 8, 2020

Limitation of Manufacturer Liability Under the Mississippi Product Liability Act: Jordan v. Maxfield & Oberton Holdings Introduction In the landmark case Jordan v. Maxfield & Oberton Holdings,...

Affirmation of Attempted Enticement Conviction under 18 U.S.C. § 2422(b): Peterson v. United States

Date: Oct 7, 2020

Affirmation of Attempted Enticement Conviction under 18 U.S.C. § 2422(b): Peterson v. United States Introduction In the case of United States of America v. Gary Glenn Peterson, 977 F.3d 381 (5th Cir....

Affirmation of Conviction in Aiding and Abetting Firearm Offenses: United States v. Fields

Date: Oct 3, 2020

Affirmation of Conviction in Aiding and Abetting Firearm Offenses: United States v. Fields Introduction In the case of United States of America v. Darius Fields, the United States Court of Appeals...

Strict Scrutiny on Removal: Non-Parties Cannot Utilize Removal Jurisdiction in Valencia v. Allstate Texas Lloyd's

Date: Oct 3, 2020

Strict Scrutiny on Removal: Non-Parties Cannot Utilize Removal Jurisdiction in Valencia v. Allstate Texas Lloyd's Introduction Valencia v. Allstate Texas Lloyd's is a pivotal case from the United...

Validation of Oral Adoption of Sentencing Conditions in United States v. Grogan

Date: Oct 3, 2020

Validation of Oral Adoption of Sentencing Conditions in United States v. Grogan Introduction United States v. Xavier Grogan, 977 F.3d 348 (5th Cir. 2020), presents a pivotal decision by the United...

Affirmation of Dismissal for Time-Barred Fraudulent Transfer and Res Judicata in Dynex Capital v. Plaintiffs

Date: Oct 3, 2020

Affirmation of Dismissal for Time-Barred Fraudulent Transfer and Res Judicata in Dynex Capital v. Plaintiffs Introduction The case Basic Capital Management, Incorporated; Transcontinental Realty...

Preservation of Election Rules Pre-Election: Fifth Circuit Grants Stay in Texas Alliance for Retired Americans v. Ruth Hughes

Date: Oct 1, 2020

Preservation of Election Rules Pre-Election: Fifth Circuit Grants Stay in Texas Alliance for Retired Americans v. Ruth Hughes Introduction In the case of Texas Alliance for Retired Americans; Sylvia...

Affirmation of Dismissal for Failure to State a Claim Under Title VII: Brackens v. Stericycle, Inc.

Date: Sep 30, 2020

Affirmation of Dismissal for Failure to State a Claim Under Title VII: Brackens v. Stericycle, Inc. Introduction In Brandon Lee Brackens, Plaintiff—Appellant, v. Stericycle, Incorporated; Brian...

Fifth Circuit Rejects Unconstitutional Trial Penalty in Sentencing of Daniela Gozes-Wagner

Date: Sep 29, 2020

Fifth Circuit Rejects Unconstitutional Trial Penalty in Sentencing of Daniela Gozes-Wagner Introduction In the case of United States of America v. Daniela Gozes-Wagner (977 F.3d 323), the United...

Anaya v. Lumpkin: Affirming the Duty of Counsel to Advise Felons on Self-Defense Implications in Plea Bargaining

Date: Sep 26, 2020

Anaya v. Lumpkin: Affirming the Duty of Counsel to Advise Felons on Self-Defense Implications in Plea Bargaining Introduction David Abram Anaya, the petitioner, was charged with murder and aggravated...

Alter Ego Doctrine and Diversity Jurisdiction in State Agency Litigation: Lamar Co. v. Mississippi Transportation Commission

Date: Sep 23, 2020

Alter Ego Doctrine and Diversity Jurisdiction in State Agency Litigation: Lamar Co. v. Mississippi Transportation Commission Introduction The case The Lamar Company, L.L.C., Plaintiff—Appellant, v....

Qualified Immunity Reversed: Implications of Mayfield v. Currie on Fourth Amendment Jurisprudence

Date: Sep 23, 2020

Qualified Immunity Reversed: Implications of Mayfield v. Currie on Fourth Amendment Jurisprudence Introduction The case of Robin Mayfield; Owen Mayfield; William Mayfield; The Estate of Mark Stevens...

Reinforcing the Burden of Proof in Copyright Digital Sampling Cases: Batiste v. Macklemore & Lewis

Date: Sep 23, 2020

Reinforcing the Burden of Proof in Copyright Digital Sampling Cases: Batiste v. Macklemore & Lewis Introduction In the landmark case of Paul Batiste, doing business as Artang Publishing, L.L.C. v....