5th Circuit Case Commentaries

Ironshore Subrogation and Arbitration: Fifth Circuit Sets New Precedent

Date: Apr 18, 2019

Ironshore Subrogation and Arbitration: Fifth Circuit Sets New Precedent 1. Introduction In the landmark case Halliburton Energy Services, Inc. v. Ironshore Specialty Insurance Company, the United...

Municipal Liability for Viewpoint Discrimination on Social Media: Robinson v. Hunt County

Date: Apr 16, 2019

Municipal Liability for Viewpoint Discrimination on Social Media: Robinson v. Hunt County Introduction In Robinson v. Hunt County, Deanna J. Robinson, the plaintiff, challenged the actions of Hunt...

Court Vacates EPA's Effluent Limitations for Legacy Wastewater and Leachate

Date: Apr 13, 2019

Court Vacates EPA's Effluent Limitations for Legacy Wastewater and Leachate Introduction The case of Southwestern Electric Power Company et al. v. United States Environmental Protection Agency (920...

Waste Management v. River Birch: Fifth Circuit Reinforces RICO Causation and Summary Judgment Standards

Date: Apr 11, 2019

Waste Management v. River Birch: Fifth Circuit Reinforces RICO Causation and Summary Judgment Standards Introduction Waste Management of Louisiana, L.L.C. Appellant, brought a civil action under the...

Affirmation of Dismissal in Fair Housing Act Discrimination Case: Inclusive Communities Project v. Lincoln Property Company

Date: Apr 10, 2019

Affirmation of Dismissal in Fair Housing Act Discrimination Case: Inclusive Communities Project v. Lincoln Property Company Introduction In the case of The Inclusive Communities Project, Incorporated...

Affirmation of Qualified Immunity in Excessive Force Claims: Shepherd v. City of Shreveport

Date: Apr 4, 2019

Affirmation of Qualified Immunity in Excessive Force Claims: Shepherd v. City of Shreveport Introduction The case of Marjorie Shepherd, on behalf of Estate of John Shepherd v. City of Shreveport;...

Fifth Circuit Upholds Qualified Immunity in Mental Health Detention Case

Date: Apr 4, 2019

Fifth Circuit Upholds Qualified Immunity in Mental Health Detention Case Introduction In the case of Jeri Lynn Rich v. Michael Palko; Keith Duane Hudgens, decided on April 3, 2019, by the United...

Mandatory Provision of U.S. Address for Notice in Deportation Proceedings: Ramos-Portillo v. Barr

Date: Apr 2, 2019

Mandatory Provision of U.S. Address for Notice in Deportation Proceedings: Ramos-Portillo v. Barr Introduction In the case of Jose Nicolas Ramos-Portillo v. William P. Barr, U.S. Attorney General,...

Qualified Immunity Secured in False Arrest Claim Despite Affidavit Misstatements: Arizmendi v. Gabbert

Date: Mar 27, 2019

Qualified Immunity Secured in False Arrest Claim Despite Affidavit Misstatements: Arizmendi v. Gabbert Introduction In Blanca Arizmendi v. Patrick Gabbert (919 F.3d 891, 5th Cir. 2019), the United...

Reaffirming Robust Standards for Asylum and CAT Relief: Gaas Qorane v. Barr

Date: Mar 27, 2019

Reaffirming Robust Standards for Asylum and CAT Relief: Gaas Qorane v. Barr Introduction In Gaas Qorane v. Barr, 919 F.3d 904 (5th Cir. 2019), the petitioner, Abdifatah Gaas Qorane, sought various...

5th Circuit Reaffirms Bureau of Prisons’ Authority in Sentencing Credit Calculations

Date: Mar 15, 2019

5th Circuit Reaffirms Bureau of Prisons’ Authority in Sentencing Credit Calculations Introduction In the landmark case of In re: UNITED STATES BUREAU OF PRISONS, Department of Justice, Respondent -...

Qualified Immunity Affirmed in Shaw v. Villanueva: Establishing the Independent-Intermediary Doctrine

Date: Mar 12, 2019

Qualified Immunity Affirmed in Shaw v. Villanueva: Establishing the Independent-Intermediary Doctrine Introduction The case of Kyle Ray Shaw v. Dwayne Villanueva et al. adjudicated in the United...

Affirmation of Qualified Immunity in High-Speed Chase Death: Morrow v. Meachum

Date: Mar 9, 2019

Affirmation of Qualified Immunity in High-Speed Chase Death: Morrow v. Meachum Introduction In the case of Morrow et al. v. Meachum, the United States Court of Appeals for the Fifth Circuit addressed...

Detrimental Reliance Exception Denied: Insights from Jatera Corp. v. US Bank

Date: Mar 7, 2019

Detrimental Reliance Exception Denied: Insights from Jatera Corp. v. US Bank 1. Introduction The case of Jatera Corporation; Esther Randle Moore v. US Bank National Association, adjudicated by the...

Reevaluation of Employee Classification Under FLSA: Premier Directional Drilling, L.P. v. Parrish et al.

Date: Mar 1, 2019

Reevaluation of Employee Classification Under FLSA: Premier Directional Drilling, L.P. v. Parrish et al. Introduction The case of William Parrish; Joshua D. Ellestad; Mario Alfaro; Thomas J. Beckett;...

Enforcement of Arbitration Agreements in Collective FLSA Actions: In re JPMorgan Chase & Company

Date: Feb 22, 2019

Enforcement of Arbitration Agreements in Collective FLSA Actions: In re JPMorgan Chase & Company Introduction The case In re: JPMorgan Chase & Company, 916 F.3d 494 (5th Cir. 2019), involves a...

Qualified Immunity and Use of Deadly Force: Comprehensive Analysis of Winzer v. Kaufman County (5th Cir. 2019)

Date: Feb 19, 2019

Qualified Immunity and Use of Deadly Force: Comprehensive Analysis of Winzer v. Kaufman County (5th Cir. 2019) Introduction The case of Eunice J. Winzer, Individually and on behalf of the statutory...

Nall v. BNSF Railway: Defining "Direct Threat" Under the ADA

Date: Feb 16, 2019

Nall v. BNSF Railway: Defining "Direct Threat" Under the ADA Introduction Flora Nall, as Personal Representative of the Estate of Michael Nall, deceased, filed a lawsuit against BNSF Railway Company...

Affirmation of Independent Intermediary Doctrine in Curtis v. Sowell

Date: Feb 16, 2019

Affirmation of Independent Intermediary Doctrine in Curtis v. Sowell Introduction In the case of Israel Curtis v. Donald Sowell et al., the United States Court of Appeals for the Fifth Circuit...

Judicial Estoppel Upholds Dismissal of Loan Repayment Claim in Bankruptcy Context

Date: Feb 8, 2019

Judicial Estoppel Upholds Dismissal of Loan Repayment Claim in Bankruptcy Context Introduction The case of Suzanne B. Cox, Plaintiff - Appellant v. Wells P. Richards; Canucanoe Rental Cabins, L.L.C.,...