5th Circuit Case Commentaries

Administrative Procedures and Due Process in Medicare Recoupments: Sahara Health Care v. Azar

Date: Sep 19, 2020

Administrative Procedures and Due Process in Medicare Recoupments: Sahara Health Care v. Azar Introduction In the landmark case of Sahara Health Care, Incorporated v. Azar, Sahara Health Care...

Affirmation of the Borrowed Servant Doctrine under the Longshore & Harbor Workers' Compensation Act

Date: Sep 17, 2020

Affirmation of the Borrowed Servant Doctrine under the Longshore & Harbor Workers' Compensation Act Introduction The case of Walter Skipper v. A&M Dockside Repair, Inc. addresses the application of...

Fifth Circuit Upholds CBP's Forfeiture Process as Satisfying Due Process: Serrano v. Customs and Border Protection

Date: Sep 17, 2020

Fifth Circuit Upholds CBP's Forfeiture Process as Satisfying Due Process: Serrano v. Customs and Border Protection Introduction In the case of Gerardo Serrano v. Customs and Border Protection, the...

Qualified Immunity in University Disciplinary Proceedings: The Walsh v. Defendants Case

Date: Sep 16, 2020

Qualified Immunity in University Disciplinary Proceedings: The Walsh v. Defendants Case Introduction The case of Ralph Clay Walsh, Jr. v. Lisa Hodge et al., adjudicated by the United States Court of...

5th Circuit Reaffirms Standards for Title VII Retaliation Claims: Badgerow v. REJ Properties

Date: Sep 12, 2020

5th Circuit Reaffirms Standards for Title VII Retaliation Claims: Badgerow v. REJ Properties Introduction The case of Denise A. Badgerow v. REJ Properties, Inc. serves as a significant precedent in...

Affirmation of Qualified Immunity in Mistaken Identity Arrests: Nerio II v. Evans

Date: Sep 11, 2020

Affirmation of Qualified Immunity in Mistaken Identity Arrests: Nerio II v. Evans Introduction Nerio II v. Evans is a pivotal case adjudicated by the United States Court of Appeals for the Fifth...

Affirmation of Qualified Immunity in Wrongful Death Case: Renfroe v. Parker

Date: Sep 11, 2020

Affirmation of Qualified Immunity in Wrongful Death Case: Renfroe v. Parker Introduction The case of Amanda Kay Renfroe v. Robert Denver Parker and Randall Tucker presents significant legal discourse...

Reversal of Harassment Claims Under Title VI and Title IX in Sewell v. Monroe City School Board

Date: Sep 11, 2020

Reversal of Harassment Claims Under Title VI and Title IX in Sewell v. Monroe City School Board Introduction In Sewell v. Monroe City School Board (974 F.3d 577, 2020), the United States Court of...

Deletion of Favorable Credit Information Under FCRA: Hammer v. Equifax & Experian

Date: Sep 10, 2020

Deletion of Favorable Credit Information Under FCRA: Hammer v. Equifax & Experian Introduction Hammer v. Equifax Information Services, L.L.C., Experian Information Solutions, Incorporated is a...

JASTA's Act of War Exclusion Upheld: In-Depth Analysis of Alcolac v. Plaintiffs

Date: Sep 9, 2020

JASTA's Act of War Exclusion Upheld: In-Depth Analysis of Alcolac v. Plaintiffs Introduction The case of WILLIAM J. ADAMS; RAY AIKENS, SR.; KATHLEEN J. AIKENS; LINDA PEARL AKRIDGE; RONALD W. AKRIDGE;...

Clarifying Insurer's Duty to Defend in Criminal Allegations under Pollution Legal Liability Policies

Date: Sep 5, 2020

Clarifying Insurer's Duty to Defend in Criminal Allegations under Pollution Legal Liability Policies Introduction The case of Waste Management, Incorporated; Waste Management Hawaii, Incorporated v....

Mandatory Procedural Compliance for Compassionate Release Under the First Step Act: Franco v. United States

Date: Sep 4, 2020

Mandatory Procedural Compliance for Compassionate Release Under the First Step Act: Franco v. United States Introduction Franco v. United States is a pivotal case adjudicated by the United States...

Limitation on Extending Bivens to New Federal Officer Contexts: Oliva v. Nivar et al.

Date: Sep 3, 2020

Limitation on Extending Bivens to New Federal Officer Contexts: Oliva v. Nivar et al. Introduction In the case of Jose L. Oliva v. Mario J. Nivar, Hector Barahona, Mario Garcia, decided on September...

Clarifying Concurrent Sentencing and Sentencing Procedures: Insights from United States v. Tyvon D. Taylor

Date: Sep 3, 2020

Clarifying Concurrent Sentencing and Sentencing Procedures: Insights from United States v. Tyvon D. Taylor Introduction In the appellate decision United States v. Tyvon D. Taylor, decided by the...

Ineffective Assistance in Sentencing Guideline Estimation: United States v. Valdez

Date: Sep 2, 2020

Ineffective Assistance in Sentencing Guideline Estimation: United States v. Valdez Introduction United States of America v. Lauro Pablo Valdez, Jr., 973 F.3d 396 (5th Cir. 2020), is a significant...

Admissibility of Victim's Out-of-Court Statements in Supervised Release Revocation: McDowell v. United States

Date: Sep 1, 2020

Admissibility of Victim's Out-of-Court Statements in Supervised Release Revocation: McDowell v. United States Introduction United States of America v. Nathan Darnell McDowell, 973 F.3d 362 (5th Cir....

5th Circuit Upholds Patronage Dismissal in DA's Office: Garza v. Escobar

Date: Aug 29, 2020

5th Circuit Upholds Patronage Dismissal in DA's Office: Garza v. Escobar Introduction In Bernice Garza v. Omar Escobar, Jr., the United States Court of Appeals for the Fifth Circuit addressed a...

Clarifying Absolute Immunity for State Agency Officials: Insights from Spec's Family Partners v. TABC

Date: Aug 26, 2020

Clarifying Absolute Immunity for State Agency Officials: Insights from Spec's Family Partners v. TABC Introduction In the landmark case of Spec's Family Partners, Limited v. The Executive Director of...

Enforcement of Arbitration Clauses and the Necessity of Particularity in Fraud Claims: Insights from COLONIAL OAKS v. HANNIE

Date: Aug 26, 2020

Enforcement of Arbitration Clauses and the Necessity of Particularity in Fraud Claims: Insights from COLONIAL OAKS v. HANNIE Introduction In the appellate case COLONIAL OAKS ASSISTED LIVING...

On-Premises vs. Off-Premises Sign Regulations: A New Precedent on First Amendment Challenges

Date: Aug 26, 2020

On-Premises vs. Off-Premises Sign Regulations: A New Precedent on First Amendment Challenges Introduction In Reagan National Advertising of Austin, Inc. v. City of Austin, 972 F.3d 696 (5th Cir....