5th Circuit Case Commentaries

Enforcement of PLRA's Three Strikes Rule on Frivolous Federal Claims: The Case of Alexander v. Texas Department of Criminal Justice

Date: Feb 21, 2020

Enforcement of PLRA's Three Strikes Rule on Frivolous Federal Claims: The Case of Alexander v. Texas Department of Criminal Justice Introduction The case of Artrai Turone Alexander v. Texas...

Fifth Circuit Affirms Qualified Immunity for Deputy Fleming in Wrongful Seizure and Due Process Claims

Date: Feb 21, 2020

Fifth Circuit Affirms Qualified Immunity for Deputy Fleming in Wrongful Seizure and Due Process Claims Introduction In the case of Eleanor Keller, individuaply et al. v. Darrin Fleming, the United...

Limitation of Bivens Claims in Tax Penalty Context: Canada v. IRS

Date: Feb 21, 2020

Limitation of Bivens Claims in Tax Penalty Context: Canada v. IRS Introduction In the case of William R. Canada, Jr. v. United States of America (Internal Revenue Service), adjudicated by the United...

Clarifying Bureau of Prisons' Authority in Sentencing Credits: Smith v. McConnell

Date: Feb 19, 2020

Clarifying Bureau of Prisons' Authority in Sentencing Credits: Smith v. McConnell Introduction In the landmark case of Smith v. McConnell (950 F.3d 285, 2020), the United States Court of Appeals for...

Chevron Oronite Co. v. Jacobs Field Services: Upholding Indemnity for Potential Liability and Defining Burden of Proof in Settlement Reasonableness

Date: Feb 19, 2020

Chevron Oronite Co. v. Jacobs Field Services: Upholding Indemnity for Potential Liability and Defining Burden of Proof in Settlement Reasonableness Introduction In Chevron Oronite Company, L.L.C.,...

Affirmation of False Claims Act Liability for Improper Medicare Reimbursements in BestCare v. Drumond

Date: Feb 18, 2020

Affirmation of False Claims Act Liability for Improper Medicare Reimbursements in BestCare v. Drumond Introduction In the case of United States of America, Ex Rel. Richard Drummond v. BestCare...

Independent Contractor Status Affirmed in Faludi v. U.S. Shale Solutions

Date: Feb 15, 2020

Independent Contractor Status Affirmed in Faludi v. U.S. Shale Solutions Introduction In the landmark case Jeff Faludi v. U.S. Shale Solutions, L.L.C., 950 F.3d 269 (5th Cir. 2020), the United States...

Reevaluation of First Amendment Protections in Occupational Licensing: Vizaline v. Tracy et al.

Date: Feb 15, 2020

Reevaluation of First Amendment Protections in Occupational Licensing: Vizaline v. Tracy et al. Introduction The case of Vizaline, L.L.C.; Brent Melton, Plaintiffs-Appellants v. Sarah Tracy, P.E.; et...

Clarifying the Bounds of 'Disturbing the Peace' Ordinance: Qualified Immunity and First Amendment Protections

Date: Feb 14, 2020

Clarifying the Bounds of 'Disturbing the Peace' Ordinance: Qualified Immunity and First Amendment Protections Introduction In Clarence Dean Roy v. City of Monroe; James Booth, 950 F.3d 245 (5th Cir....

Affirmation of Qualified Immunity and Monell Liability Standards in Blanchard-Daigle v. Bell County

Date: Feb 13, 2020

Affirmation of Qualified Immunity and Monell Liability Standards in Blanchard-Daigle v. Bell County Introduction In Blanchard-Daigle v. Bell County, the United States Court of Appeals for the Fifth...

Qualified Immunity and the Use of Chemical Agents in Correctional Facilities: Insights from PRINCE MCCOY, SR., v. MR. ALAMU

Date: Feb 12, 2020

Qualified Immunity and the Use of Chemical Agents in Correctional Facilities: Insights from PRINCE MCCOY, SR., v. MR. ALAMU Introduction PRINCE MCCOY, SR., Plaintiff-Appellant, v. MR. ALAMU,...

Limitations on Pursuing Prospective Relief Against Judges Under Section 1983: An Analysis of SERAFINE v. CRUMP

Date: Feb 7, 2020

Limitations on Pursuing Prospective Relief Against Judges Under Section 1983: An Analysis of SERAFINE v. CRUMP Introduction The case of Mary Louise Serafine v. Karin Crump et al. adjudicated by the...

Federal Enforcement of No-Contest Clauses Upholds Settlement Agreements in Estate Litigation

Date: Feb 5, 2020

Federal Enforcement of No-Contest Clauses Upholds Settlement Agreements in Estate Litigation Introduction In Hill III v. Washburne, the United States Court of Appeals for the Fifth Circuit addressed...

Strict Enforceability of Written Credit Agreements and Rigorous Standards for Tortious Interference: Insights from Whitney Bank v. SMI Companies Global

Date: Feb 4, 2020

Strict Enforceability of Written Credit Agreements and Rigorous Standards for Tortious Interference: Insights from Whitney Bank v. SMI Companies Global Introduction The case of Whitney Bank,...

Affirmation of Denial of Compassionate Release for Terminally Ill Offender Under the First Step Act: Chambliss v. USA

Date: Jan 29, 2020

Affirmation of Denial of Compassionate Release for Terminally Ill Offender Under the First Step Act: Chambliss v. USA Introduction Chambliss v. United States of America is a pivotal case adjudicated...

Strict Compliance with Procedural Requirements in AEDPA Tolling: North v. Davis

Date: Jan 23, 2020

Strict Compliance with Procedural Requirements in AEDPA Tolling: North v. Davis Introduction North v. Davis is a pivotal case adjudicated by the United States Court of Appeals for the Fifth Circuit...

Revival of Dismissed Lawsuits: Insights from Defense Distributed v. U.S. Department of State

Date: Jan 22, 2020

Revival of Dismissed Lawsuits: Insights from Defense Distributed v. U.S. Department of State Introduction The case of Defense Distributed; Second Amendment Foundation, Inc., Plaintiffs - Appellants...

Establishing Rock Fines as Pollutants: Fifth Circuit Upholds Pollution Exclusion in Umbrella Insurance Policy

Date: Jan 18, 2020

Establishing Rock Fines as Pollutants: Fifth Circuit Upholds Pollution Exclusion in Umbrella Insurance Policy Introduction In the case of Eastern Concrete Materials, Inc. v. ACE American Insurance...

Enhanced Evidentiary Standards for §2 Vote Dilution Claims Affirmed in Harding v. County of Texas

Date: Jan 18, 2020

Enhanced Evidentiary Standards for §2 Vote Dilution Claims Affirmed in Harding v. County of Texas Introduction In Harding v. County of Texas, the United States Court of Appeals for the Fifth Circuit...

Jurisdictional Limits on Amending Judgments and Pronoun Usage: United States v. Varner

Date: Jan 16, 2020

Jurisdictional Limits on Amending Judgments and Pronoun Usage: United States v. Varner Introduction In United States of America v. Norman Varner, 948 F.3d 250 (5th Cir. 2020), the United States Court...