5th Circuit Case Commentaries

Fifth Circuit Clarifies Qualified Immunity and Excessive Force Standards in Allen v. Hayes

Date: Apr 15, 2023

Fifth Circuit Clarifies Qualified Immunity and Excessive Force Standards in Allen v. Hayes Introduction In the landmark case of John Allen, Jr. v. Justin Hayes et al., the United States Court of...

Affirmation of Standing in Challenges to Anti-BDS Legislation: Abdullah v. Paxton & Hegar

Date: Apr 12, 2023

Affirmation of Standing in Challenges to Anti-BDS Legislation: Abdullah v. Paxton & Hegar Introduction In the case of Haseeb Abdullah, Plaintiff-Appellant, v. Ken Paxton; Glenn Hegar,...

Reversal of Summary Judgment in Disability and Age Discrimination Claims: Spears v. Louisiana College

Date: Apr 7, 2023

Reversal of Summary Judgment in Disability and Age Discrimination Claims: Spears v. Louisiana College Introduction In the case of Carolyn D. Spears v. Louisiana College, the United States Court of...

Reaffirming Duty to Warn in Open and Obvious Hazard Cases: Dougay v. Dollar General

Date: Apr 6, 2023

Reaffirming Duty to Warn in Open and Obvious Hazard Cases: Dougay v. Dollar General Introduction The case of Jill Trahan Dougay v. Dolgencorp of Texas, Inc., doing business as Dollar General...

Affirmation of Qualified Immunity for School Officials in Off-Campus Student Speech Regulation

Date: Apr 1, 2023

Affirmation of Qualified Immunity for School Officials in Off-Campus Student Speech Regulation Introduction In the case of Bronson McClelland v. Katy Independent School District et al. (63 F.4th 996,...

Equitable Tolling in Employment Discrimination Cases: Insights from Bernstein v. Maximus Federal Services

Date: Mar 31, 2023

Equitable Tolling in Employment Discrimination Cases: Insights from Bernstein v. Maximus Federal Services Introduction The landmark case of Kevin Bernstein v. Maximus Federal Services, Incorporated...

Affirmation of Qualified Immunity in Prisoners' Eighth Amendment Claims: Rogers v. Jarrett et al.

Date: Mar 31, 2023

Affirmation of Qualified Immunity in Prisoners' Eighth Amendment Claims: Rogers v. Jarrett et al. Introduction Rogers v. Jarrett et al. (63 F.4th 971, 2023) is a pivotal case in the realm of...

Affirmation of Drug Conspiracy Conviction in Pill Mill Operation

Date: Mar 31, 2023

Affirmation of Drug Conspiracy Conviction in Pill Mill Operation Introduction In the case of United States of America v. Christopher Kalejaiye Ajayi, adjudicated by the United States Court of Appeals...

Affirmation of Denial of Compassionate Release: United States v. McMaryion

Date: Mar 29, 2023

Affirmation of Denial of Compassionate Release: United States v. McMaryion Introduction United States of America v. Jeffrey Allan McMaryion, 64 F.4th 257 (5th Cir. 2023), is a pivotal decision...

Pre-Enforcement Challenges to Executive Vaccine Mandates Remain Within Federal Court Jurisdiction: 5th Circuit Decision

Date: Mar 24, 2023

Pre-Enforcement Challenges to Executive Vaccine Mandates Remain Within Federal Court Jurisdiction: 5th Circuit Decision Introduction In Feds for Medical Freedom v. Biden, 63 F.4th 366 (5th Cir....

Fifth Circuit Clarifies Burden-Shifting in Federal ADEA Age Discrimination and Retaliation Claims

Date: Mar 22, 2023

Fifth Circuit Clarifies Burden-Shifting in Federal ADEA Age Discrimination and Retaliation Claims Introduction In the case of Anastasia Nedd Allen v. United States Postal Service, decided by the...

5th Circuit Upholds Mandatory Minimum and Strict Safety-Valve Eligibility in United States v. Montero

Date: Mar 9, 2023

5th Circuit Upholds Mandatory Minimum and Strict Safety-Valve Eligibility in United States v. Montero Introduction In the case of United States of America v. Antonio Montero, 5th Circuit Court of...

Fifth Circuit Overturns §922(g)(8): A New Second Amendment Precedent

Date: Mar 3, 2023

Fifth Circuit Overturns §922(g)(8): A New Second Amendment Precedent Introduction In the landmark case United States of America v. Zackey Rahimi, the United States Court of Appeals for the Fifth...

Fifth Circuit Reinforces Strict Pleading Standards for §1983 Malicious Prosecution Claims

Date: Feb 16, 2023

Fifth Circuit Reinforces Strict Pleading Standards for §1983 Malicious Prosecution Claims Introduction In the landmark case of Andrea Armstrong, Executrix of the Estate of Glenn Ford v. Various...

Affirmation of Summary Judgment in §1983 Prisoner Suicide Case: Implications and Legal Analysis

Date: Feb 11, 2023

Affirmation of Summary Judgment in §1983 Prisoner Suicide Case: Implications and Legal Analysis Introduction In the appellate case of Brittany Guillot v. Jay Russell et al., the United States Court...

5th Circuit Rules Repeal of Limited Public Forum's Exhibit Rule Renders Free Speech Case Moot

Date: Jan 28, 2023

5th Circuit Rules Repeal of Limited Public Forum's Exhibit Rule Renders Free Speech Case Moot Introduction The case of Freedom From Religion Foundation, Inc. v. Greg Abbott examines the intersection...

Employer's Prompt Remedial Action Shields from Title VII Hostile Work Environment Liability

Date: Jan 19, 2023

Employer's Prompt Remedial Action Shields from Title VII Hostile Work Environment Liability Introduction The case of Brittany Hudson v. Lincare, Incorporated (58 F.4th 222), adjudicated by the United...

Affirmation of Social Security Disability Denial: Miller v. Kijakazi Establishes Standards for ALJ Evaluations

Date: Jan 19, 2023

Affirmation of Social Security Disability Denial: Miller v. Kijakazi Establishes Standards for ALJ Evaluations Introduction In Michele Miller, Plaintiff-Appellant v. Kilolo Kijakazi, Acting...

Clarifying the Scope of Compassionate Release under 18 U.S.C. § 3582(c)(1): The Escajeda Decision

Date: Jan 18, 2023

Clarifying the Scope of Compassionate Release under 18 U.S.C. § 3582(c)(1): The Escajeda Decision Introduction In the case of United States of America v. Michael Anthony Escajeda, the United States...

Fifth Circuit Excludes Bump Stocks from 'Machinegun' Definition, Reinforcing Rule of Lenity

Date: Jan 7, 2023

Fifth Circuit Excludes Bump Stocks from 'Machinegun' Definition, Reinforcing Rule of Lenity Introduction The case of Michael Cargill v. Merrick Garland et al., decided by the United States Court of...

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