5th Circuit Case Commentaries

Affirmation of Dismissal: Evaluating §1503 as an Adequate Alternative Remedy under the APA

Date: May 9, 2018

Affirmation of Dismissal: Evaluating §1503 as an Adequate Alternative Remedy under the APA Introduction In the case of Raquel Hinojosa, also known as Raquel Flores Venegas, Plaintiff - Appellant v....

5th Circuit Clarifies Well-Founded Fear and Particular Social Group Standards in Asylum Proceedings

Date: May 8, 2018

5th Circuit Clarifies Well-Founded Fear and Particular Social Group Standards in Asylum Proceedings Introduction The case of Lesly Odelia Cabrera v. Jefferson B. Sessions, III (890 F.3d 153, 2018)...

Reversing Judgments in Pinnacle Hip Implant Litigation: Key Legal Principles Established

Date: Apr 26, 2018

Reversing Judgments in Pinnacle Hip Implant Litigation: Key Legal Principles Established Introduction The case of In re: Depuy Orthopedics, Inc., Pinnacle Hip Implant Product Liability Litigation...

Balancing Reasonable Restraints and Procedural Fairness in Summary Judgment: Insights from D'Onofrio v. Vacations To Go

Date: Apr 24, 2018

Balancing Reasonable Restraints and Procedural Fairness in Summary Judgment: Insights from D'Onofrio v. Vacations To Go Introduction The case of Karen D'Onofrio v. Vacations Publications,...

Qualified Immunity Upholds Officer's Use of Deadly Force in Romero v. City of Grapevine

Date: Apr 21, 2018

Qualified Immunity Upholds Officer's Use of Deadly Force in Romero v. City of Grapevine Introduction In the landmark case of Maratha Anjelica Romero, Individually and as Representative of Ruben...

Affirmation of Standards for Title VII Gender Discrimination and Whistleblower Claims: Herster v. LSU

Date: Apr 5, 2018

Affirmation of Standards for Title VII Gender Discrimination and Whistleblower Claims: Herster v. LSU Introduction In Herster v. Board of Supervisors of Louisiana State University, the United States...

Affirmation of Limitations on Bank’s Duty to Non-Customers in Fraudulent Instrument Cases

Date: Mar 28, 2018

Affirmation of Limitations on Bank’s Duty to Non-Customers in Fraudulent Instrument Cases Introduction The case of Midwest Feeders, Incorporated v. The Bank of Franklin (886 F.3d 507) presents...

Younger Abstention Reaffirmed: Limiting Federal Intervention in State Criminal Proceedings – Gates v. Strain

Date: Mar 23, 2018

Younger Abstention Reaffirmed: Limiting Federal Intervention in State Criminal Proceedings – Gates v. Strain Introduction In Shane M. Gates v. Rodney Jack Strain, the United States Court of Appeals...

Enforceability of Non-Solicitation Agreements and Attorneys’ Fees under Texas Law: GE Betz, Inc. v. Moffitt-Johnston Analysis

Date: Mar 14, 2018

Enforceability of Non-Solicitation Agreements and Attorneys’ Fees under Texas Law: GE Betz, Inc. v. Moffitt-Johnston Analysis Introduction The case of GE Betz, Inc., doing business as GE Water &...

Affirmation of Denial for Rule 60(b)(6) Motion in the Context of Legislative Mootness: Hall v. Louisiana

Date: Mar 14, 2018

Affirmation of Denial for Rule 60(b)(6) Motion in the Context of Legislative Mootness: Hall v. Louisiana Introduction In the landmark case of Kenneth Hall and Byron Sharper, Intervenor...

Fifth Circuit Upholds Rule 16b-3(e) Exemptions in Short-Swing Insider Trading Claims

Date: Mar 13, 2018

Fifth Circuit Upholds Rule 16b-3(e) Exemptions in Short-Swing Insider Trading Claims Introduction In the case of J. D. Jordan, Plaintiff - Appellant v. Robert C. Flexton, President and Chief...

Affirmation of Deliberate Indifference Standard for Eighth Amendment Bivens Claims: Carlucci v. Chapa

Date: Mar 10, 2018

Affirmation of Deliberate Indifference Standard for Eighth Amendment Bivens Claims: Carlucci v. Chapa Introduction In the landmark case of Carlucci v. Chapa, the United States Court of Appeals for...

Reaffirming the 'Deliberate Indifference' Standard in Inmate Medical Care: Galvan v. Calhoun County

Date: Feb 13, 2018

Reaffirming the 'Deliberate Indifference' Standard in Inmate Medical Care: Galvan v. Calhoun County Introduction The case of Jose Galvan v. Calhoun County addresses the critical issue of adequate...

Affirmation of Dismissal for Lack of Personal Jurisdiction in Captain Manjit Sangha v. Navig8 Ship Management

Date: Feb 6, 2018

Affirmation of Dismissal for Lack of Personal Jurisdiction in Captain Manjit Sangha v. Navig8 Ship Management Private Limited Introduction The case of Captain Manjit Sangha v. Navig8 Ship Management...

Establishing Personal Jurisdiction over Fraud Claims through Intentional Misrepresentations: Trois v. Apple Tree Auction Center

Date: Feb 6, 2018

Establishing Personal Jurisdiction over Fraud Claims through Intentional Misrepresentations: Trois v. Apple Tree Auction Center Introduction The case of Charles J. Trois v. Apple Tree Auction Center,...

Affirmation of Campaign Finance Regulations: Zimmerman v. City of Austin

Date: Feb 2, 2018

Affirmation of Campaign Finance Regulations: Zimmerman v. City of Austin Introduction In Donald Zimmerman v. City of Austin, the United States Court of Appeals for the Fifth Circuit addressed...

Reversing Health Care Fraud Convictions: Enhanced Standards for Conspiracy and Fraud Evidence

Date: Jan 31, 2018

Reversing Health Care Fraud Convictions: Enhanced Standards for Conspiracy and Fraud Evidence Introduction In the case of United States of America v. Doctor Pramela Ganji; Elaine Davis (880 F.3d...

Reaffirming the Eggshell Skull Doctrine and Reevaluating Qualified Immunity in Excessive Force Cases: Darden v. City of Fort Worth

Date: Jan 25, 2018

Reaffirming the Eggshell Skull Doctrine and Reevaluating Qualified Immunity in Excessive Force Cases: Darden v. City of Fort Worth Introduction Darden v. City of Fort Worth is a pivotal case...

Impact of Mental Health on Credibility Determinations in Immigration Cases: Analysis of Jatinder Singh v. Jefferson B. Sessions, III

Date: Jan 24, 2018

Impact of Mental Health on Credibility Determinations in Immigration Cases: Analysis of Jatinder Singh v. Jefferson B. Sessions, III Introduction The case of Jatinder Singh v. Jefferson B. Sessions,...

Clarifying Statutory Elements and Proper Indictment Practices under 18 U.S.C. § 641: Insights from United States v. Fairley

Date: Jan 23, 2018

Clarifying Statutory Elements and Proper Indictment Practices under 18 U.S.C. § 641: Insights from United States v. Fairley Introduction In United States of America v. Kenneth E. Fairley, 880 F.3d...