5th Circuit Case Commentaries

Fifth Circuit Upholds Removal Based on State Controlled Substance Conviction: Categorical Approach to State-Federal Law Alignment Confirmed

Date: Mar 20, 2020

Fifth Circuit Upholds Removal Based on State Controlled Substance Conviction: Categorical Approach to State-Federal Law Alignment Confirmed Introduction The case of Ivan Alexandrovich Vetcher v....

Equal Protection Upholds Mixed Governance Structure in Mississippi School District Consolidation

Date: Mar 20, 2020

Equal Protection Upholds Mixed Governance Structure in Mississippi School District Consolidation Introduction In the case of Jeffrey Butts et al. v. Rosemary Aultman et al., seven residents of...

Actual Cash Value Excludes Taxes and Fees in Total Loss Auto Insurance Claims: Insights from Jessica Singleton v. Elephant Insurance Company

Date: Mar 19, 2020

Actual Cash Value Excludes Taxes and Fees in Total Loss Auto Insurance Claims: Insights from Jessica Singleton v. Elephant Insurance Company Introduction In the landmark case of Jessica Singleton,...

IberiaBank v. Illinois Union Insurance: Defining Client Relationships in Professional Liability Insurance

Date: Mar 19, 2020

IberiaBank v. Illinois Union Insurance: Defining Client Relationships in Professional Liability Insurance Introduction The case of IberiaBank Corporation v. Illinois Union Insurance Company addresses...

Affirmation of ERISA Standing as Jurisdictional: Implications from CELL SCIENCE SYSTEMS CORP. v. BLUE CROSS BLUE SHIELD OF LOUISIANA

Date: Mar 18, 2020

Affirmation of ERISA Standing as Jurisdictional: Implications from CELL SCIENCE SYSTEMS CORPORATION v. BLUE CROSS BLUE SHIELD OF LOUISIANA Introduction In the case of Cell Science Systems Corporation...

Fifth Circuit Establishes Standard for Validating Opt-Out Claims in TCPA Class Settlements

Date: Mar 13, 2020

Fifth Circuit Establishes Standard for Validating Opt-Out Claims in TCPA Class Settlements Introduction In the case of Joanna Pruitt Lester v. Wells Fargo Bank, N.A., the plaintiff, Joanna Pruitt...

Reaffirming the Scope of Extended Traffic Stops under the Fourth Amendment: COREY DELMAR SMITH v. UNITED STATES

Date: Mar 13, 2020

Reaffirming the Scope of Extended Traffic Stops under the Fourth Amendment: COREY DELMAR SMITH v. UNITED STATES Introduction The case of United States of America v. Corey Delmar Smith (952 F.3d 642)...

Fifth Circuit Establishes Standards for IATC-Participation Claims in Capital Cases

Date: Mar 13, 2020

Fifth Circuit Establishes Standards for IATC-Participation Claims in Capital Cases Introduction In the landmark case of Steven LaWayne Nelson v. Lorie Davis, decided on March 12, 2020, the United...

Affirmation of Summary Judgment in FHA and Equal Protection Claims: Crain v. City of Selma

Date: Mar 13, 2020

Affirmation of Summary Judgment in FHA and Equal Protection Claims: Crain v. City of Selma Introduction In the case of Alton Crain v. City of Selma, decided on March 12, 2020, the United States Court...

Enforcement of Res Judicata and Sanctions for Frivolous Litigation: Insights from Anderson v. Wells Fargo

Date: Mar 13, 2020

Enforcement of Res Judicata and Sanctions for Frivolous Litigation: Insights from Anderson v. Wells Fargo Introduction In the case of Eva Anderson v. Wells Fargo Bank, N.A.; Ocwen Loan Servicing,...

Conditional Language in Debt Collection Letters Not Deemed Deceptive Under FDCPA: Salinas v. R.A. Rogers

Date: Mar 13, 2020

Conditional Language in Debt Collection Letters Not Deemed Deceptive Under FDCPA: Salinas v. R.A. Rogers Introduction The case of Marco Salinas v. R.A. Rogers, Incorporated addresses the...

Affirming Sovereign Immunity in ADA Claims: Insights from Block v. Texas Board of Law Examiners

Date: Mar 11, 2020

Affirming Sovereign Immunity in ADA Claims: Insights from Block v. Texas Board of Law Examiners Introduction In the landmark case of Block v. Texas Board of Law Examiners (952 F.3d 613, 5th Cir....

Affirming Health Care Fraud Conspiracy via Circumstantial Evidence: USA v. Sanders & Rose, 952 F.3d 263

Date: Mar 3, 2020

Affirming Health Care Fraud Conspiracy via Circumstantial Evidence: USA v. Sanders & Rose, 952 F.3d 263 Introduction The case of United States of America v. Frankie Lee Sanders and Pamela Annette...

Affirmed Summary Judgment in ADA and ADEA Discrimination Case: BASF v. Jeff Kitchen

Date: Feb 29, 2020

Affirmed Summary Judgment in ADA and ADEA Discrimination Case: BASF v. Jeff Kitchen 1. Introduction The case of Jeff Kitchen v. BASF (952 F.3d 247) adjudicated in the United States Court of Appeals...

Multiple Documents as a Valid Notice to Appear: Insights from Yanez-Pena v. Barr

Date: Feb 29, 2020

Multiple Documents as a Valid Notice to Appear: Insights from Yanez-Pena v. Barr Introduction The case of Erika Jisela Yanez-Pena v. William P. Barr, U.S. Attorney General (952 F.3d 239) adjudicated...

Strict Enforcement of Motion to Reopen Deadlines in Removal Proceedings – Mejia v. Barr

Date: Feb 29, 2020

Strict Enforcement of Motion to Reopen Deadlines in Removal Proceedings – Mejia v. Barr Introduction Mejia v. Barr is a landmark decision by the United States Court of Appeals for the Fifth Circuit...

Scope of Protected Speech and Qualified Immunity in First Amendment Retaliation: Powers & Wernli v. Northside ISD

Date: Feb 27, 2020

Scope of Protected Speech and Qualified Immunity in First Amendment Retaliation: Powers & Wernli v. Northside ISD Introduction Powers & Wernli v. Northside Independent School District (NISD), 951...

Broadening Federal Officer Removal: Latiolais v. Huntington Ingalls Establishes Expanded Scope under 28 U.S.C. §1442(a)(1)

Date: Feb 25, 2020

Broadening Federal Officer Removal: Latiolais v. Huntington Ingalls Establishes Expanded Scope under 28 U.S.C. §1442(a)(1) Introduction Latiolais v. Huntington Ingalls, Inc., 951 F.3d 286 (5th Cir....

Schofield v. Saul: Reinforcing SSA’s Obligations in Borderline Age Categorization for Disability Determinations

Date: Feb 22, 2020

Schofield v. Saul: Reinforcing SSA’s Obligations in Borderline Age Categorization for Disability Determinations Introduction In the case of Schofield v. Saul, Tammy Raye Schofield challenged the...

Precedence of Original Indemnity Agreements in Complex Oil Rig Liability Cases: An In-Depth Analysis of Lloyd's v. Axon Pressure Products

Date: Feb 22, 2020

Precedence of Original Indemnity Agreements in Complex Oil Rig Liability Cases: An In-Depth Analysis of Lloyd's v. Axon Pressure Products Introduction The legal landscape surrounding indemnity...