5th Circuit Case Commentaries

Affirmation of Qualified Immunity in §1983 Suicidal Detention Claims: Hyatt v. Dually

Date: Nov 19, 2016

Affirmation of Qualified Immunity in §1983 Suicidal Detention Claims: Hyatt v. Dually Introduction In the case of Randi Hyatt, indi v. Dually, decided by the United States Court of Appeals for the...

Establishing Liability for Judicial Retaliation under 42 U.S.C. § 1983: Insights from Anderson v. Valdez

Date: Nov 10, 2016

Establishing Liability for Judicial Retaliation under 42 U.S.C. § 1983: Insights from Anderson v. Valdez Introduction The case of Bruce M. Anderson v. Rogelio Valdez serves as a pivotal point in...

Qualified Immunity in Excessive Force Claims: Griggs v. Brewer

Date: Oct 29, 2016

Qualified Immunity in Excessive Force Claims: Griggs v. Brewer Introduction Griggs v. Brewer is a pivotal case adjudicated by the United States Court of Appeals for the Fifth Circuit on October 28,...

Appropriate Medical Screening Under EMTALA: Fifth Circuit Affirms Summary Judgment in Fewins v. LGMC

Date: Oct 26, 2016

Appropriate Medical Screening Under EMTALA: Fifth Circuit Affirms Summary Judgment in Fewins v. LGMC Introduction In the case of Fewins v. Lake Granbury Medical Center (LGMC), the United States Court...

RICO Claim Survivability After Plaintiff's Death and Pattern of Racketeering Requirements: Analysis of Malvino v. Estate of Pereida

Date: Oct 21, 2016

RICO Claim Survivability After Plaintiff's Death and Pattern of Racketeering Requirements: Analysis of Malvino v. Estate of Pereida Introduction In the case of Albert P. Malvino, representative of...

Affirmation of Summary Judgment in Outley v. Luke & Associates: Clarifying Standards for Prima Facie Discrimination and Retaliation Claims

Date: Oct 20, 2016

Affirmation of Summary Judgment in Outley v. Luke & Associates: Clarifying Standards for Prima Facie Discrimination and Retaliation Claims Introduction JACKIE OUTLEY, Plaintiff-Appellant, appealed a...

Direct Computer Use in Fraudulent Transfers: Fifth Circuit's Decision in Apache Corp. v. Great American Insurance Co.

Date: Oct 19, 2016

Direct Computer Use in Fraudulent Transfers: Fifth Circuit's Decision in Apache Corp. v. Great American Insurance Co. Introduction The legal dispute between Apache Corporation and Great American...

Equitable Estoppel and Arbitration Enforcement in Non-Signatory Employment Claims: Hays v. HCA Holdings

Date: Sep 30, 2016

Equitable Estoppel and Arbitration Enforcement in Non-Signatory Employment Claims: Hays v. HCA Holdings Introduction The case of John T. Hays, M.D. v. HCA Holdings, Incorporated; HCA Physician...

Reaffirming Article III Standing Requirements in ERISA Fiduciary Misconduct Cases

Date: Sep 16, 2016

Reaffirming Article III Standing Requirements in ERISA Fiduciary Misconduct Cases Introduction The case of William Lee, Individually, and as Representatives of plan participants and plan...

Exhaustion of Administrative Remedies Upheld in §1983 Excessive Force Litigation: Cowart v. Erwin

Date: Sep 14, 2016

Exhaustion of Administrative Remedies Upheld in §1983 Excessive Force Litigation: Cowart v. Erwin Introduction Cowart v. Erwin, 837 F.3d 444 (5th Cir. 2016), is a significant appellate decision from...

Affirmation of Rule 41(b) Dismissal in Pro Se Litigation: Nottingham v. Warden

Date: Sep 10, 2016

A Comprehensive Commentary on Nottingham v. Warden, Bill Clements Unit Introduction The case of Jay Anthony Nottingham v. Warden, Bill Clements Unit is a noteworthy decision by the United States...

Sovereign Immunity and Plausibility in Employment Discrimination: Analysis of Chhim v. University of Texas

Date: Sep 3, 2016

Sovereign Immunity and Plausibility in Employment Discrimination: Analysis of Chhim v. University of Texas Introduction In the case of Joseph Chhim v. University of Texas at Austin, 836 F.3d 467 (5th...

Strict Compliance with Foreclosure Notice Requirements Affirmed: LSR Consulting v. Wells Fargo

Date: Sep 1, 2016

Strict Compliance with Foreclosure Notice Requirements Affirmed: LSR Consulting v. Wells Fargo Introduction In the appellate case LSR Consulting, LLC v. Wells Fargo Bank, N.A., 835 F.3d 530 (5th Cir....

5th Circuit Upholds Corps' Cost-Sharing Allocation for MR-GO Closure under Chevron Deference

Date: Aug 24, 2016

5th Circuit Upholds Corps' Cost-Sharing Allocation for MR-GO Closure under Chevron Deference Introduction In the landmark case of Louisiana State v. United States Army Corps of Engineers, the United...

Amendment of Maritime Claims in Wren Thomas v. Chevron USA, Inc.: A New Precedent

Date: Aug 12, 2016

Amendment of Maritime Claims in Wren Thomas v. Chevron USA, Inc.: A New Precedent Introduction The case of Wren Thomas v. Chevron USA, Inc. (832 F.3d 586) adjudicated by the United States Court of...

Clarifying the Divisibility of Controlled Substance Offenses in Sentencing: Insights from United States v. Hinkle

Date: Aug 12, 2016

Clarifying the Divisibility of Controlled Substance Offenses in Sentencing: Insights from United States v. Hinkle Introduction In United States of America v. Wayland Demond Hinkle, the United States...

Enforcement of Arbitration Agreements and Res Judicata: Analysis of Cooper v. WestEnd

Date: Aug 10, 2016

Res Judicata and Arbitration Rights: Analysis of Cooper v. WestEnd Introduction The case of Sean C. Cooper v. WestEnd Capital Management, L.L.C. before the United States Court of Appeals for the...

Affirmation of 18 U.S.C. §16(b) Against Vagueness Challenge in Gonzalez-Longoria

Date: Aug 6, 2016

Affirmation of 18 U.S.C. §16(b) Against Vagueness Challenge in Gonzalez-Longoria Introduction The case of United States v. Gregorio Gonzalez-Longoria (831 F.3d 670, 5th Cir. 2016) presents a pivotal...

Limitation of Judicial Review under Medicare's Administrative Framework Confirmed: Edwards v. Burwell

Date: Jul 30, 2016

Limitation of Judicial Review under Medicare's Administrative Framework Confirmed: Edwards v. Burwell Introduction In Edwards v. Burwell, 657 F. App'x 242 (5th Cir. 2016), Dr. Dralves Gene Edwards...

Equitable Tolling in Immigration Proceedings: Lugo-Resendez v. Lynch

Date: Jul 29, 2016

Equitable Tolling in Immigration Proceedings: Lugo-Resendez v. Lynch Introduction Sergio Lugo-Resendez v. Loretta Lynch, U.S. Attorney General, 831 F.3d 337 (5th Cir. 2016), serves as a pivotal case...