5th Circuit Case Commentaries

Substantial Evidence Affirms SSA Disability Denial Despite VA Rating in Garcia v. Berryhill

Date: Jan 23, 2018

Substantial Evidence Affirms SSA Disability Denial Despite VA Rating in Garcia v. Berryhill Introduction Garcia v. Berryhill is a notable case adjudicated by the United States Court of Appeals for...

Affirmation of Contractual Payment Obligations in Early Termination: Baywater Drilling v. Southwest Energy Partners

Date: Jan 20, 2018

Affirmation of Contractual Payment Obligations in Early Termination: Baywater Drilling v. Southwest Energy Partners Introduction Baywater Drilling, L.L.C. ("Baywater") entered into a contractual...

Affirmation of Prison Policies on Inmate Transportation: Hill v. Walker et al.

Date: Jan 20, 2018

Affirmation of Prison Policies on Inmate Transportation: Hill v. Walker et al. Introduction The case of Merlin Dancey Hill v. Michael Walker and Others adjudicated by the United States Court of...

Broadening ADA Protections: 5th Circuit Vacates Summary Judgment in Williams v. Tarrant County College District

Date: Jan 19, 2018

Broadening ADA Protections: 5th Circuit Vacates Summary Judgment in Williams v. Tarrant County College District Introduction In the landmark case of Williams v. Tarrant County College District, the...

Strengthened Pleading Standards for § 1983 Excessive Force Claims in Peña v. Rio Grande City

Date: Jan 13, 2018

Strengthened Pleading Standards for § 1983 Excessive Force Claims in Peña v. Rio Grande City Introduction The case of Maria V. Peña, Individually and as Next Friend of M.J.P. and a Minor; Daniel Peña...

Adopting a Two-Pronged Test for Maritime Contracts: Insights from In Re Larry Doiron, Inc.

Date: Jan 9, 2018

Adopting a Two-Pronged Test for Maritime Contracts: Insights from In Re Larry Doiron, Inc. Introduction In Re: Larry Doiron, Incorporated is a pivotal case adjudicated by the United States Court of...

Butts v. BOP: Expanding Bivens Claims for Religious Freedom and Retaliation in Federal Prisons

Date: Dec 9, 2017

Butts v. BOP: Expanding Bivens Claims for Religious Freedom and Retaliation in Federal Prisons 1. Introduction In Butts v. BOP, decided by the United States Court of Appeals for the Fifth Circuit on...

New Precedent in Health Care Fraud: United States v. Mansour Sanjar et al. (876 F.3d 725)

Date: Dec 1, 2017

New Precedent in Health Care Fraud: United States v. Mansour Sanjar et al. (876 F.3d 725) Introduction The case of United States of America v. Mansour Sanjar, Cyrus Sajadi, Chandra Nunn, Adam Main,...

Affirmation of Sentencing Enhancements in Financial Fraud: The Hernandez v. United States Case

Date: Nov 23, 2017

Affirmation of Sentencing Enhancements in Financial Fraud: The Hernandez v. United States Case Introduction The case of United States of America v. Maria Guadalupe Hernandez and Hilda Simental...

Fifth Circuit Limits Application of Rule 35(a) for Sentencing Corrections: United States v. Hankton

Date: Nov 17, 2017

Fifth Circuit Limits Application of Rule 35(a) for Sentencing Corrections: United States v. Hankton Introduction In the landmark case of United States of America v. Thomas Hankton et al., the United...

EEOC v. BDO USA: Clarifying the Boundaries of Attorney-Client Privilege in Employment Discrimination Investigations

Date: Nov 17, 2017

EEOC v. BDO USA: Clarifying the Boundaries of Attorney-Client Privilege in Employment Discrimination Investigations Introduction The case of Equal Employment Opportunity Commission (EEOC) v. BDO USA,...

Reinforcing Qualified Immunity in § 1983 Claims: Melton v. Phillips

Date: Nov 14, 2017

Reinforcing Qualified Immunity in § 1983 Claims: Melton v. Phillips Introduction In the case of Michael David Melton v. Kelly D. Phillips, the United States Court of Appeals for the Fifth Circuit...

Good Faith Reliance Defense Affirmed for Verizon under the Stored Communications Act

Date: Nov 14, 2017

Good Faith Reliance Defense Affirmed for Verizon under the Stored Communications Act Introduction In the case of Matthew Edward Alexander v. Verizon Wireless Services, L.L.C., the United States Court...

Title I Discrimination Under ADA: Windham v. Harris County, Texas

Date: Nov 14, 2017

Title I Discrimination Under ADA: Windham v. Harris County, Texas Introduction In Windham v. Harris County, the United States Court of Appeals for the Fifth Circuit addressed critical issues...

Qualified Immunity and Excessive Force: Insights from Erin Lincoln v. Turner

Date: Nov 1, 2017

Qualified Immunity and Excessive Force: Insights from Erin Lincoln v. Turner Introduction Erin Lincoln, Individually and as Representative of the Estate of John Lincoln v. Patrick Turner is a pivotal...

Res Judicata and Fee Awards Under FRCP 41(d) in Federal §1983 Claims: Portillo v. Cunningham

Date: Oct 7, 2017

Res Judicata and Fee Awards Under FRCP 41(d) in Federal §1983 Claims: Portillo v. Cunningham Introduction In JohnJay Portillo v. Gregory E. Cunningham, 872 F.3d 728 (5th Cir. 2017), the United States...

Affirmation of Eleventh Amendment Immunity in Suits Against State University Health Care Division

Date: Oct 7, 2017

Affirmation of Eleventh Amendment Immunity in Suits Against State University Health Care Division Introduction The case of Gloria A. Wiggins v. Louisiana State University - Health Care Services...

Waiver of Ineffective Assistance of Counsel Claims in Immigration Motions to Reopen: Lowe v. Sessions

Date: Oct 6, 2017

Waiver of Ineffective Assistance of Counsel Claims in Immigration Motions to Reopen: Lowe v. Sessions Introduction Maria De Los Angeles Lowe, an immigrant from Mexico, challenged the decision of the...

Clarifying the Appointments Clause: FDIC Administrative Law Judges Classified as Inferior Officers

Date: Sep 8, 2017

Clarifying the Appointments Clause: FDIC Administrative Law Judges Classified as Inferior Officers Introduction In Cornelius Campbell Burgess, Movant, v. Federal Deposit Insurance Corporation...

Affirmation of Res Judicata and Judicial Immunity in §1983 Retaliation Claims: Klein v. Walker (5th Cir. 2017)

Date: Sep 6, 2017

Affirmation of Res Judicata and Judicial Immunity in §1983 Retaliation Claims: Klein v. Walker (5th Cir. 2017) Introduction In the landmark case Philip R. Klein v. Layne Walker, the United States...