5th Circuit Case Commentaries

Title VII Statutory Standing Restricted to Employees: Analysis of Simmons v. UBS Financial Services, Inc.

Date: Aug 25, 2020

Title VII Statutory Standing Restricted to Employees: Analysis of Simmons v. UBS Financial Services, Inc. Introduction Simmons v. UBS Financial Services, Inc., 972 F.3d 664 (5th Cir. 2020), addresses...

Equitable Tolling Standards in Immigration Removal: Flores-Moreno v. Barr

Date: Aug 25, 2020

Equitable Tolling Standards in Immigration Removal: Flores-Moreno v. Barr Introduction The case of Jorge Alfredo Flores-Moreno v. William P. Barr, adjudicated by the United States Court of Appeals...

Deliberate Indifference Standard Reinforced in Prison Guards' Liability under the Eighth Amendment: Torres v. Livingston

Date: Aug 25, 2020

Deliberate Indifference Standard Reinforced in Prison Guards' Liability under the Eighth Amendment: Torres v. Livingston Introduction Christopher Bryan Torres v. Brad Livingston et al. is a pivotal...

Strict Standards for Certificate of Appealability in Federal Postconviction Relief: Insights from United States v. Len Davis

Date: Aug 22, 2020

Strict Standards for Certificate of Appealability in Federal Postconviction Relief: Insights from United States v. Len Davis Introduction United States v. Len Davis, 971 F.3d 524 (5th Cir. 2020),...

Establishing Personal Jurisdiction Over State Officials: Insights from Grewal v. Defense Distributed

Date: Aug 20, 2020

Establishing Personal Jurisdiction Over State Officials: Insights from Grewal v. Defense Distributed Introduction Defense Distributed; Second Amendment Foundation, Inc. v. Gurbir S. Grewal is a...

Enhancing Securities Litigation Standards: Heinze v. Tesco Corporation

Date: Aug 20, 2020

Enhancing Securities Litigation Standards: Heinze v. Tesco Corporation Introduction Heinze v. Tesco Corporation is a significant case adjudicated by the United States Court of Appeals for the Fifth...

Affirming Executive Discretion in Elderly Offender Home Detention Program: Melot v. Bergami

Date: Aug 19, 2020

Affirming Executive Discretion in Elderly Offender Home Detention Program: Melot v. Bergami Introduction In the case of Billy R. Melot v. Warden Thomas E. Bergami, the United States Court of Appeals...

Expanding the Definition of "Debt" Under the FDCPA: Insights from Calogero v. Shows, Cali & Walsh

Date: Aug 18, 2020

Expanding the Definition of "Debt" Under the FDCPA: Insights from Calogero v. Shows, Cali & Walsh Introduction In the landmark case of Iris Calogero v. Shows, Cali & Walsh, L.L.P., the United States...

Fifth Circuit Expands Scope of 'Employer' under Louisiana Whistleblower Statute to Include Non-Profit Organizations

Date: Aug 15, 2020

Fifth Circuit Expands Scope of "Employer" under Louisiana Whistleblower Statute to Include Non-Profit Organizations Introduction The case of Iona Sanders v. Christwood, a Louisiana Non-Profit...

Establishing Causal Connection in Title VII Retaliation Claims: Insights from Brown v. Wal-Mart Stores East

Date: Aug 15, 2020

Establishing Causal Connection in Title VII Retaliation Claims: Insights from Brown v. Wal-Mart Stores East Introduction Brown v. Wal-Mart Stores East, L.P.; Amanda Payton; John and Jane Does I-X,...

Affirmation of §3583(g) Supervised Release Revocation: United States v. Christopher Garner

Date: Aug 14, 2020

Affirmation of §3583(g) Supervised Release Revocation: United States v. Christopher Garner Introduction In the case of United States of America v. Christopher Brent Garner, the defendant challenged...

Supreme Court Precedent Upholds Male-Only Draft Registration: An Analysis of National Coalition for Men v. Selective Service System

Date: Aug 14, 2020

Supreme Court Precedent Upholds Male-Only Draft Registration: An Analysis of National Coalition for Men v. Selective Service System Introduction In the case of National Coalition for Men; James...

Green Valley Special Utility District v. City of Schertz: Establishing the Physical Capability Test for Utility Services

Date: Aug 8, 2020

Green Valley Special Utility District v. City of Schertz: Establishing the Physical Capability Test for Utility Services Introduction The case of Green Valley Special Utility District v. City of...

Qualified Immunity and Constitutional Claims: Insights from Morgan v. Chapman & Kopacz

Date: Aug 8, 2020

Qualified Immunity and Constitutional Claims: Insights from Morgan v. Chapman & Kopacz Introduction In the landmark case of Courtney Morgan v. Mary Chapman; John Kopacz, adjudicated by the United...

Enforceability of Non-Solicitation Agreements under California Law: Insights from Six Dimensions, Inc. v. Perficient, Inc.

Date: Aug 8, 2020

Enforceability of Non-Solicitation Agreements under California Law: Insights from Six Dimensions, Inc. v. Perficient, Inc. Introduction The case of Six Dimensions, Inc. v. Perficient, Inc. involves a...

Affirmation of RICO Conspiracy Convictions: Implications for Jury Anonymity and Evidentiary Admissibility

Date: Aug 6, 2020

Affirmation of RICO Conspiracy Convictions: Implications for Jury Anonymity and Evidentiary Admissibility Introduction The case of United States of America v. John Xavier Portillo and Jeffrey Fay...

RI ROBERT GENE WILL, II: Establishing Precedent on Successive Habeas Petitions under AEDPA

Date: Aug 6, 2020

RI ROBERT GENE WILL, II: Establishing Precedent on Successive Habeas Petitions under AEDPA Introduction The case of In re: Robert Gene Will, II consolidated with Robert Gene Will, II v. Lorie Davis,...

Removal to Incorrect Federal District Is Procedural Error; Administrative Exhaustion Under Texas Labor Code §21.202 Is Mandatory, Not Jurisdictional

Date: Aug 5, 2020

Removal to Incorrect Federal District Is Procedural Error; Administrative Exhaustion Under Texas Labor Code §21.202 Is Mandatory, Not Jurisdictional Introduction In the case of John Hinkley & Steve...

Interpretation of 'Ensuing Loss' Clauses in Construction Insurance Policies: Insights from Balfour Beatty Construction v. Liberty Mutual Fire Insurance

Date: Aug 4, 2020

Interpretation of 'Ensuing Loss' Clauses in Construction Insurance Policies: Insights from Balfour Beatty Construction v. Liberty Mutual Fire Insurance Introduction The case of Balfour Beatty...

Green v. SE Property Holdings: 5th Circuit Clarifies Standards for Non-Dischargeability under Bankruptcy Code §§ 523(a)(2)(A) and (a)(6)

Date: Aug 4, 2020

Green v. SE Property Holdings: 5th Circuit Clarifies Standards for Non-Dischargeability under Bankruptcy Code §§ 523(a)(2)(A) and (a)(6) Introduction In the notable case of Jeffrey Stephen Lawrence...