5th Circuit Case Commentaries

Affirmation of COV Qualifications in Federal Firearm Convictions Post-Johnson v. United States

Date: May 1, 2020

Affirmation of COV Qualifications in Federal Firearm Convictions Post-Johnson v. United States Introduction The case of United States of America v. Derrick Lenard Smith, adjudicated by the United...

Rigorous Analysis Required for Class Certification under Rule 23: Insights from Heriberto Chavez et al. v. Plan Benefit Services, Inc.

Date: Apr 30, 2020

Rigorous Analysis Required for Class Certification under Rule 23: Insights from Heriberto Chavez et al. v. Plan Benefit Services, Inc. Introduction The case of Heriberto Chavez; Evangelina Escarcega,...

Pronouncement Requirements for Discretionary Supervised Release Conditions Under 18 U.S.C. § 3583(d): United States v. Diggles

Date: Apr 30, 2020

Pronouncement Requirements for Discretionary Supervised Release Conditions Under 18 U.S.C. § 3583(d): United States v. Diggles Introduction In the landmark case United States of America v. Rosie...

Affirmation of Maverick County's Willful FLSA Violation and Upholding of Discovery Sanctions

Date: Apr 30, 2020

Affirmation of Maverick County's Willful FLSA Violation and Upholding of Discovery Sanctions Introduction The case of Daniel Cruz; Armando Sanchez, Plaintiffs - Appellees v. Maverick County; Maverick...

Affirmation of Mandatory Imprisonment under 18 U.S.C. § 3583(g) in Supervised Release Violations: Insights from United States v. Badgett

Date: Apr 29, 2020

Affirmation of Mandatory Imprisonment under 18 U.S.C. § 3583(g) in Supervised Release Violations: Insights from United States v. Badgett Introduction The case of United States of America v. John...

5th Circuit Upholds Texas Conflict Rules in Enforcement of Non-Competition Agreements: Realogy Holdings Corporation v. Seita Jongebloed

Date: Apr 28, 2020

5th Circuit Upholds Texas Conflict Rules in Enforcement of Non-Competition Agreements Introduction In the landmark case of Realogy Holdings Corporation v. Seita Jongebloed, the United States Court of...

Mandatory Exhaustion of Administrative Remedies Under 18 U.S.C. § 3582: Insights from United States v. Terry Wright

Date: Apr 25, 2020

Mandatory Exhaustion of Administrative Remedies Under 18 U.S.C. § 3582: Insights from United States v. Terry Wright Introduction The case of United States of America v. Terry Wright serves as a...

Williams v. Banks: Affirmation of Sovereign and Qualified Immunity in Prison Official Liability

Date: Apr 24, 2020

Williams v. Banks: Affirmation of Sovereign and Qualified Immunity in Prison Official Liability Introduction In the case of Randy C. Williams, Plaintiff-Appellant, v. Jacqueline Banks et al., 956...

Reinforcing Conditions-of-Confinement Liability: Analysis of Sanchez v. Young County, Texas

Date: Apr 23, 2020

Reinforcing Conditions-of-Confinement Liability: Analysis of Sanchez v. Young County, Texas Introduction In Sanchez v. Young County, Texas, the United States Court of Appeals for the Fifth Circuit...

Fifth Circuit Affirms Stay on COVID-19 Inmate Protection Measures Under Eighth Amendment and PLRA

Date: Apr 23, 2020

Fifth Circuit Affirms Stay on COVID-19 Inmate Protection Measures Under Eighth Amendment and PLRA Introduction The case of Laddy Curtis Valentine; Richard Elvin King, Plaintiffs-Appellees, v. Bryan...

Defining the Scope of Absolute Prosecutorial Immunity: The Fifth Circuit's Ruling on Fake Subpoenas

Date: Apr 22, 2020

Defining the Scope of Absolute Prosecutorial Immunity: The Fifth Circuit's Ruling on Fake Subpoenas Introduction In the landmark case of Renata Singleton et al. v. Leon A. Cannizzaro, Jr., the United...

Affirmation of § 922(g)(8) Under Contemporary Second Amendment Framework

Date: Apr 22, 2020

Affirmation of § 922(g)(8) Under Contemporary Second Amendment Framework Introduction In United States of America v. Eric Gerard McGinnis, 956 F.3d 747 (5th Cir. 2020), the United States Court of...

Scope of Employment and Discretionary Function Exception under the FTCA: Analysis of United States Court of Appeals for the Fifth Circuit Decision in M.D.C.G. v. United States

Date: Apr 22, 2020

Scope of Employment and Discretionary Function Exception under the FTCA: Analysis of United States Court of Appeals for the Fifth Circuit Decision in M.D.C.G. v. United States Introduction The case...

Exhaustion of Administrative Remedies in Compassionate Release: United States of America v. Lionel Koons

Date: Apr 22, 2020

Exhaustion of Administrative Remedies in Compassionate Release: United States of America v. Lionel Koons Introduction United States of America v. Lionel Koons is a significant case that addresses the...

Mandamus Affirms Jacobson Standards in Restricting Abortion Access during Public Health Emergencies

Date: Apr 21, 2020

Mandamus Affirms Jacobson Standards in Restricting Abortion Access during Public Health Emergencies Introduction The COVID-19 pandemic precipitated a flurry of legal and administrative actions across...

Affirmation of Summary Judgment in Montgomery-Smith v. George: Implications for Title VII Claims

Date: Apr 18, 2020

Affirmation of Summary Judgment in Montgomery-Smith v. George: Implications for Title VII Claims Introduction The case of Deneen L. Montgomery-Smith v. Devin George adjudicated by the United States...

Clarifying the Highly Compensated Employee Exemption: Smith v. Ochsner Health System

Date: Apr 18, 2020

Clarifying the Highly Compensated Employee Exemption: Smith v. Ochsner Health System Introduction In the case of Daniel G. Smith v. Ochsner Health System, adjudicated by the United States Court of...

Affirmation of Employer Liability Under Jones Act and Unseaworthiness Standards in Luwisch v. American Marine Corp.

Date: Apr 16, 2020

Affirmation of Employer Liability Under Jones Act and Unseaworthiness Standards in Luwisch v. American Marine Corp. Introduction The case of Henry Luwisch v. American Marine Corporation centers on a...

5th Circuit Limits 'Other Expenses' Under the Mandatory Victims Restitution Act: Excluding Corporate Investigation Costs

Date: Apr 16, 2020

5th Circuit Limits 'Other Expenses' Under the Mandatory Victims Restitution Act: Excluding Corporate Investigation Costs Introduction In the case of United States of America v. George Koutsostamatis,...

Intentional Discrimination under ADA and Rehabilitation Act: Analysis of Smith v. Harris County

Date: Apr 16, 2020

Intentional Discrimination under ADA and Rehabilitation Act: Analysis of Smith v. Harris County Introduction The case of Jacqueline Smith, Independent Administrator of the Estate of Danarian Hawkins,...