5th Circuit Case Commentaries

Broadening the Scope of Disability: The Fifth Circuit's Reversal in Cannon v. Jacobs Field Services

Date: Jan 14, 2016

Broadening the Scope of Disability: The Fifth Circuit's Reversal in Cannon v. Jacobs Field Services Introduction In the landmark case of Michael A. Cannon v. Jacobs Field Services North America,...

Affirmation of Employer's Legitimate Termination Rights in Employment Disputes

Date: Jan 6, 2016

Affirmation of Employer's Legitimate Termination Rights in Employment Disputes Introduction The case of Stephen Miller v. Metrocare Services (809 F.3d 827, 5th Cir. 2016) presents a significant...

Retaliation in Employment Discrimination: Analysis of Wheat v. Florida Parish Juvenile Justice Commission

Date: Jan 6, 2016

Retaliation in Employment Discrimination: Analysis of Wheat v. Florida Parish Juvenile Justice Commission Introduction Wheat v. Florida Parish Juvenile Justice Commission (811 F.3d 702) is a pivotal...

Fifth Circuit Affirms CAFA Jurisdiction in Mass Actions with Individual Claims Exceeding Threshold

Date: Jan 1, 2016

Fifth Circuit Affirms CAFA Jurisdiction in Mass Actions with Individual Claims Exceeding Threshold Introduction The case of Robertson et al. v. Exxon Mobil Corporation et al. presents a pivotal...

Lack of Standing and Qualified Immunity Uphold Dismissal of Film Incentive Grant Claims

Date: Dec 29, 2015

Lack of Standing and Qualified Immunity Uphold Dismissal of Film Incentive Grant Claims Introduction In Machete Productions, L.L.C. v. Heather Page, the United States Court of Appeals for the Fifth...

Clarifying Adverse Employment Actions in Title VII Retaliation Claims: Brandon v. Sage Corporation

Date: Dec 11, 2015

Clarifying Adverse Employment Actions in Title VII Retaliation Claims: Brandon v. Sage Corporation Introduction Brandon v. Sage Corporation, 808 F.3d 266 (5th Cir. 2015), is a pivotal case addressing...

Affirming the Defer-and-Discover Approach in Qualified Immunity Challenges: Hinojosa v. Livingston

Date: Nov 19, 2015

Affirming the Defer-and-Discover Approach in Qualified Immunity Challenges: Hinojosa v. Livingston Introduction In the case of Ramona Hinojosa, Individually as a Wrongful Death Beneficiary and as the...

Comprehensive Commentary on Ortiz v. City of San Antonio Fire Department: Interpretation of GINA in Mandatory Wellness Programs

Date: Nov 19, 2015

Comprehensive Commentary on Ortiz v. City of San Antonio Fire Department: Interpretation of GINA in Mandatory Wellness Programs 1. Introduction The case of Alfred Ortiz, III v. City of San Antonio...

Expanding the Scope of Retaliation Claims: Rescission of Resignation as Adverse Employment Action in Porter v. Houma Terrebonne Housing Authority

Date: Nov 18, 2015

Expanding the Scope of Retaliation Claims: Rescission of Resignation as Adverse Employment Action in Porter v. Houma Terrebonne Housing Authority Introduction Porter v. Houma Terrebonne Housing...

Federal Courts' Inherent Power to Appoint Counsel in Civil Rights Cases: Establishing a New Precedent

Date: Nov 14, 2015

Federal Courts' Inherent Power to Appoint Counsel in Civil Rights Cases: Establishing a New Precedent Introduction In the landmark case of Mario Naranjo v. Bobby Thompson et al., decided on November...

Reversing Qualified Immunity in Police Use of Excessive Force: Mason v. Lafayette City–Parish Consolidated Government

Date: Nov 11, 2015

Reversing Qualified Immunity in Police Use of Excessive Force: Mason v. Lafayette City–Parish Consolidated Government Introduction In the case of Brenda Mason, Individually and on behalf of Quamaine...

Fifth Circuit Upholds Preliminary Injunction Against DAPA: Reinforcing APA Procedural Standards and State Standing

Date: Nov 10, 2015

Fifth Circuit Upholds Preliminary Injunction Against DAPA: Reinforcing APA Procedural Standards and State Standing Introduction In the landmark case of State of Texas et al. v. United States of...

Qualified Immunity and Procedural Due Process in No-Trespass Orders: Vincent v. City of Sulphur

Date: Oct 29, 2015

Qualified Immunity and Procedural Due Process in No-Trespass Orders: Vincent v. City of Sulphur Introduction In Vincent v. City of Sulphur, decided by the United States Court of Appeals for the Fifth...

Boren v. U.S. National Bank Association: Establishing the Limitations on Judicial Foreclosure Claims under Texas Law

Date: Oct 27, 2015

Boren v. U.S. National Bank Association: Establishing the Limitations on Judicial Foreclosure Claims under Texas Law Introduction The case of Charles Boren; Cyndi Boren v. U.S. National Bank...

Admissibility of Medical Expenses Under Tex. Civ. Prac. and Rem. Code § 41.0105: A Comprehensive Analysis of Guzman v. Jones

Date: Oct 23, 2015

Admissibility of Medical Expenses Under Tex. Civ. Prac. and Rem. Code § 41.0105: A Comprehensive Analysis of Guzman v. Jones Introduction The appellate case of Jaime Guzman and Derrick Lambert v....

Affirmation of Statute of Limitations Application in Title IX and § 1983 Claims: King–White v. Humble ISD

Date: Oct 21, 2015

Affirmation of Statute of Limitations Application in Title IX and § 1983 Claims: King–White v. Humble ISD Introduction The case of Mary King–White and A.W. v. Humble Independent School District...

No Insurer Liability for Excess Judgments Without Claimant Settlement Offer: Hemphill v. State Farm

Date: Oct 17, 2015

No Insurer Liability for Excess Judgments Without Claimant Settlement Offer: Hemphill v. State Farm Introduction The case of Patrick K. Hemphill v. State Farm Mutual Automobile Insurance Company...

Sentencing Based on Individualized Drug Quantities in Conspiracy Cases: United States v. Haines et al.

Date: Oct 16, 2015

Sentencing Based on Individualized Drug Quantities in Conspiracy Cases: United States v. Haines et al. Introduction The case United States of America, Plaintiff–Appellee, v. Clarence Haines, Raymond...

United States v. Rosenthal: Affirmation of RICO Conspiracy Conviction in the Fifth Circuit

Date: Oct 15, 2015

United States v. Rosenthal: Affirmation of RICO Conspiracy Conviction in the Fifth Circuit Introduction In United States of America v. Marc Garrett Rosenthal, the Fifth Circuit Court of Appeals...

Deliberate Indifference in Title VI Racial Harassment: Analysis of Fennell v. Marion ISD

Date: Oct 14, 2015

Deliberate Indifference in Title VI Racial Harassment: Analysis of Fennell v. Marion ISD Introduction The case of Fennell v. Marion Independent School District, decided on October 13, 2015, by the...