5th Circuit Case Commentaries

Westfall v. Luna: Refining Standards for False Arrest and Excessive Force Claims under Qualified Immunity

Date: Sep 14, 2018

Westfall v. Luna: Refining Standards for False Arrest and Excessive Force Claims under Qualified Immunity Introduction In the landmark case of Constance Westfall v. Jose Luna, decided by the United...

Affirmation of Summary Judgment in Excessive Force Claim: Waddleton v. Rodriguez et al.

Date: Sep 8, 2018

Affirmation of Summary Judgment in Excessive Force Claim: Waddleton v. Rodriguez et al. Introduction In the case of Marvin Waddleton, III, Plaintiff-Appellant, v. Bernadette Rodriguez; Dacho Ongudu;...

Fifth Circuit's Landmark Decision on Premises Liability and Independent Contractor Control in Occupational Accidents

Date: Aug 28, 2018

Fifth Circuit's Landmark Decision on Premises Liability and Independent Contractor Control in Occupational Accidents Introduction In the case of Tyler Renwick v. PNK Lake Charles, L.L.C., the United...

Re-evaluating Qualified Immunity Standards in Fourth Amendment Cases: The Winfrey v. Rogers Decision

Date: Aug 21, 2018

Re-evaluating Qualified Immunity Standards in Fourth Amendment Cases: The Winfrey v. Rogers Decision Introduction In the landmark case of Richard Winfrey, Jr. v. Lacy Rogers et al., the United States...

5th Circuit Establishes Jurisdiction for Successive §3582(c)(2) Sentence Reduction Motions Under §1291: United States v. Calton

Date: Aug 21, 2018

5th Circuit Establishes Jurisdiction for Successive §3582(c)(2) Sentence Reduction Motions Under §1291: United States v. Calton Introduction Case: United States of America v. Theresa Calton Court:...

Repudiation and Damages in Mineral Rights Contracts: Comprehensive Review of Elsas v. Yakkassippi

Date: Aug 17, 2018

Repudiation and Damages in Mineral Rights Contracts: Comprehensive Review of Elsas v. Yakkassippi Introduction The case Elsas, Individually, as Personal Representative of the Estate of Louis Jacob...

Enhancing Manufacturer Liability: The Failure-to-Warn Precedent in Williams v. Manitowoc Cranes

Date: Aug 4, 2018

Enhancing Manufacturer Liability: The Failure-to-Warn Precedent in Williams v. Manitowoc Cranes Introduction The case of WANDA WILLIAMS, indi v. Manitowoc Cranes, L.L.C. (898 F.3d 607) represents a...

Defining Dependency in Special Immigrant Juvenile Status: Affirmation in Budhathoki v. Nielsen

Date: Aug 2, 2018

Defining Dependency in Special Immigrant Juvenile Status: Affirmation in Budhathoki v. Nielsen Introduction In the case of Deepak Budhathoki, Clesmy E. Gonzales, Katherine Yurlieth Turcios-Perez v....

Affirmation and Reversal in ERISA and Fraud Claims: A Comprehensive Analysis of North Cypress Medical Center v. Aetna

Date: Aug 1, 2018

Affirmation and Reversal in ERISA and Fraud Claims: A Comprehensive Analysis of North Cypress Medical Center v. Aetna Introduction The case of North Cypress Medical Center Operating Company, Limited;...

Scope of Default Judgment in Judicial Foreclosure: Insights from Ditech Financial v. Naumann & Gloier

Date: Jul 20, 2018

Scope of Default Judgment in Judicial Foreclosure: Insights from Ditech Financial v. Naumann & Gloier Introduction The case of Ditech Financial, L.L.C. v. Dewayne Naumann and Theresa C. Gloier...

Failure to Train Constitutes Municipal Liability for Unreasonable Student Searches: 5th Circuit Reverses District Court in Littell v. Houston ISD

Date: Jun 28, 2018

Failure to Train Constitutes Municipal Liability for Unreasonable Student Searches: 5th Circuit Reverses District Court in Littell v. Houston ISD Introduction In the landmark case Bettina Littell, as...

Reaffirmation of Fraud and Perjury Standards in Corporate Mismanagement: Spalding v. United States

Date: Jun 27, 2018

Reaffirmation of Fraud and Perjury Standards in Corporate Mismanagement: Spalding v. United States Introduction In United States of America v. David Lyman Spalding, the United States Court of Appeals...

Floyd v. Vannoy: Reinforcing Brady Violations and Actual Innocence in Habeas Corpus Review

Date: Jun 26, 2018

Floyd v. Vannoy: Reinforcing Brady Violations and Actual Innocence in Habeas Corpus Review Introduction Case Title: John David Floyd, Petitioner - Appellee v. Darrel Vannoy, Warden, Louisiana State...

Substantial Evidence Standard Reinforced in Disability Benefits Appeals: Salmond v. Berryhill

Date: Jun 19, 2018

Substantial Evidence Standard Reinforced in Disability Benefits Appeals: Salmond v. Berryhill Introduction The case of Ronald Salmond, Sr. v. Nancy A. Berryhill serves as a pivotal reference in...

Fifth Circuit Limits § 6672 Personal Liability to Available Unencumbered Funds: McClendon v. United States

Date: Jun 15, 2018

Fifth Circuit Limits § 6672 Personal Liability to Available Unencumbered Funds: McClendon v. United States Introduction In Gail McClendon v. United States of America, 892 F.3d 775 (5th Cir. 2018),...

Innova Hospital v. Blue Cross and Blue Shield: Establishing a Balanced Pleading Standard for ERISA Claims in the Fifth Circuit

Date: Jun 13, 2018

Innova Hospital v. Blue Cross and Blue Shield: Establishing a Balanced Pleading Standard for ERISA Claims in the Fifth Circuit Introduction In the landmark case of Innova Hospital San Antonio,...

Affirmation of Convictions in Pill Mill Operation Case Establishes Rigorous Standards for Controlled Substances Distribution

Date: Jun 13, 2018

Affirmation of Convictions in Pill Mill Operation Case Establishes Rigorous Standards for Controlled Substances Distribution Introduction In the case of UNITED STATES OF AMERICA v. RICHARD ARTHUR...

Enforceability of Arbitration Agreements: Insights from Huckaba v. Ref-Chem, L.P.

Date: Jun 12, 2018

Enforceability of Arbitration Agreements: Insights from Huckaba v. Ref-Chem, L.P. Introduction The case of Kimberly Huckaba v. Ref-Chem, L.P., 892 F.3d 686 (5th Cir. 2018), serves as a pivotal...

Excessive Force and Qualified Immunity: Insights from Mazoch v. Carrizales

Date: May 19, 2018

Excessive Force and Qualified Immunity: Insights from Mazoch v. Carrizales Introduction Case: Jay Mazoch, Plaintiff - Appellant Defendants: A. Carrizales and City of Stafford, Texas Court: United...

Enforceability of Arbitration Provisions in Consumer Contracts: Insights from Arnold v. HomeAway

Date: May 16, 2018

Enforceability of Arbitration Provisions in Consumer Contracts: Insights from Arnold v. HomeAway Introduction The landscape of consumer contracts continues to evolve, particularly concerning...