5th Circuit Case Commentaries

Affirmed Liability with Remittitur: Fifth Circuit Sets Precedent on Fraudulent Transfers and Res Judicata in Bankruptcy Transactions

Date: Jul 28, 2021

Affirmed Liability with Remittitur: Fifth Circuit Sets Precedent on Fraudulent Transfers and Res Judicata in Bankruptcy Transactions Introduction The case of In the Matter of: 3 Star Properties,...

Affirmation of Conviction in Child Pornography Possession Case: Legal Principles and Implications

Date: Jul 16, 2021

Affirmation of Conviction in Child Pornography Possession Case: Legal Principles and Implications Introduction The case United States of America v. Jeffrey Clinton Michalik (5 F.4th 583) adjudicated...

Establishment Clause and Judicial Conduct: Insights from Freedom From Religion Foundation v. Mack

Date: Jul 10, 2021

Establishment Clause and Judicial Conduct: Insights from Freedom From Religion Foundation v. Mack Introduction The case of Freedom From Religion Foundation, Inc. v. Wayne Mack, 4 F.4th 306 (2021),...

Application of 28 U.S.C. § 1631 in Diversity Jurisdiction Cases: Franco v. Mabe Trucking Co.

Date: Jul 9, 2021

Application of 28 U.S.C. § 1631 in Diversity Jurisdiction Cases: Franco v. Mabe Trucking Co. Introduction Case: David Franco v. Mabe Trucking Company, Incorporated; Richard Agee; National Interstate...

Reforming Qualified Immunity Standards: Insights from Terwilliger v. Reyna

Date: Jul 9, 2021

Reforming Qualified Immunity Standards: Insights from Terwilliger v. Reyna Introduction The case of Bradley Terwilliger et al. v. Abelino Reyna et al. (4 F.4th 270) adjudicated by the United States...

Establishing Judicial Oversight of Hardship Determinations in Removal Cases: Guerrero v. Garland

Date: Jul 3, 2021

Establishing Judicial Oversight of Hardship Determinations in Removal Cases: Guerrero v. Garland Introduction In the landmark case Jose Felipe Guerrero Trejo v. Merrick Garland, decided by the United...

Fifth Circuit Sets Precedent on Mandatory Bar Associations: First Amendment Rights Protect Against Non-Germane Activities

Date: Jul 3, 2021

Fifth Circuit Sets Precedent on Mandatory Bar Associations: First Amendment Rights Protect Against Non-Germane Activities Introduction In the landmark case of McDonald v. State Bar of Texas, the...

Qualified Immunity Affirmed for Jail Officers in Inmate Suicide Case

Date: Jul 3, 2021

Qualified Immunity Affirmed for Jail Officers in Inmate Suicide Case Introduction In the case of Patsy K. Cope and Alex Isbell v. Leslie W. Cogdill, Mary Jo Brixey, Jessie W. Laws, the United States...

Enforcement of Arbitration Agreements Under Texas Law Confirmed in Gallagher v. Vokey

Date: Jul 2, 2021

Enforcement of Arbitration Agreements Under Texas Law Confirmed in Gallagher v. Vokey Introduction The case of Edward Gallagher v. Colby Vokey addresses the enforceability of arbitration agreements...

Affirmation of Qualified Immunity in Excessive Force Claims: Analysis of Jackson v. Gautreaux et al. (5th Cir. 2021)

Date: Jul 1, 2021

Affirmation of Qualified Immunity in Excessive Force Claims: Analysis of Jackson v. Gautreaux et al. (5th Cir. 2021) 1. Introduction In the case of Jackson v. Gautreaux et al., the United States...

Guidry v. Lumpkin: Upholding Strict Standards for Certificates of Appealability under AEDPA

Date: Jun 24, 2021

Guidry v. Lumpkin: Upholding Strict Standards for Certificates of Appealability under AEDPA Introduction Guidry v. Lumpkin, 2 F.4th 472 (5th Cir. 2021), is a significant appellate case that addresses...

Revisiting §1983 Claims Post-Heck: Insights from Colvin v. Leblanc et al.

Date: Jun 24, 2021

Revisiting §1983 Claims Post-Heck: Insights from Colvin v. Leblanc et al. Introduction The case of James L. Colvin v. James Leblanc, Secretary of Corrections and others, adjudicated by the United...

HAYWARD DEAN v. AKAL SECURITY: Establishing the Predominant-Benefit Test for Meal Periods under the FLSA

Date: Jun 23, 2021

HAYWARD DEAN v. AKAL SECURITY: Establishing the Predominant-Benefit Test for Meal Periods under the FLSA Introduction In the landmark case of Hayward Dean, Individually and All Others Similarly...

Affirmation of Summary Judgment in Thompson v. Microsoft: Clarifying ADA Accommodation Standards

Date: Jun 23, 2021

Affirmation of Summary Judgment in Thompson v. Microsoft: Clarifying ADA Accommodation Standards Introduction In the landmark case of John Thompson v. Microsoft Corporation, 2 F.4th 460 (5th Cir....

Hope v. Harris et al.: Fifth Circuit Clarifies Sovereign Immunity and Prisoner Standing in Solitary Confinement Claims

Date: Jun 19, 2021

Hope v. Harris et al.: Fifth Circuit Clarifies Sovereign Immunity and Prisoner Standing in Solitary Confinement Claims Introduction In the case of Dennis Wayne Hope v. Todd Harris et al., the United...

Affirming FCC's Authority to Protect National Security in Universal Service Fund Allocations: Huawei v. FCC

Date: Jun 19, 2021

Affirming FCC's Authority to Protect National Security in Universal Service Fund Allocations: Huawei v. FCC Introduction The case of Huawei Technologies USA, Inc.; Huawei Technologies Company,...

Fifth Circuit Affirms Denial of Qualified Immunity for Paramedics' Failure to Provide Medical Treatment to Pretrial Detainee

Date: Jun 18, 2021

Fifth Circuit Affirms Denial of Qualified Immunity for Paramedics' Failure to Provide Medical Treatment to Pretrial Detainee Introduction In the case of Christopher Kelson et al. v. Kyle Foster Clark...

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5th Circuit Case Commentaries

Affirmed Liability with Remittitur: Fifth Circuit Sets Precedent on Fraudulent Transfers and Res Judicata in Bankruptcy Transactions

Affirmation of Conviction in Child Pornography Possession Case: Legal Principles and Implications

Establishment Clause and Judicial Conduct: Insights from Freedom From Religion Foundation v. Mack

Application of 28 U.S.C. § 1631 in Diversity Jurisdiction Cases: Franco v. Mabe Trucking Co.

Reforming Qualified Immunity Standards: Insights from Terwilliger v. Reyna

Establishing Judicial Oversight of Hardship Determinations in Removal Cases: Guerrero v. Garland

Fifth Circuit Sets Precedent on Mandatory Bar Associations: First Amendment Rights Protect Against Non-Germane Activities

Qualified Immunity Affirmed for Jail Officers in Inmate Suicide Case

Enforcement of Arbitration Agreements Under Texas Law Confirmed in Gallagher v. Vokey

Affirmation of Qualified Immunity in Excessive Force Claims: Analysis of Jackson v. Gautreaux et al. (5th Cir. 2021)

Guidry v. Lumpkin: Upholding Strict Standards for Certificates of Appealability under AEDPA

Revisiting §1983 Claims Post-Heck: Insights from Colvin v. Leblanc et al.

HAYWARD DEAN v. AKAL SECURITY: Establishing the Predominant-Benefit Test for Meal Periods under the FLSA

Affirmation of Summary Judgment in Thompson v. Microsoft: Clarifying ADA Accommodation Standards

Hope v. Harris et al.: Fifth Circuit Clarifies Sovereign Immunity and Prisoner Standing in Solitary Confinement Claims

Affirming FCC's Authority to Protect National Security in Universal Service Fund Allocations: Huawei v. FCC

Fifth Circuit Affirms Denial of Qualified Immunity for Paramedics' Failure to Provide Medical Treatment to Pretrial Detainee

5th Circuit Establishes Stricter Standards for Excusable Neglect in Filing Timely Answers Post-Removal

Reaffirming Limits on Personal Jurisdiction: Bulkley & Associates v. California Department of Industrial Relations

Affirmation of Sentence Denial Under 18 U.S.C. § 3582(c)(1)(A)(i) in United States v. Garmon Coats