5th Circuit Case Commentaries

Collateral Estoppel in Bankruptcy Proceedings: Clem v. Tomlinson Establishes New Precedent

Date: Dec 26, 2024

Collateral Estoppel in Bankruptcy Proceedings: Clem v. Tomlinson Establishes New Precedent Introduction The case of Steven Andrew Clem v. LaDainian Tomlinson involves a complex interplay between...

Federal Question Jurisdiction in State Legal Malpractice Claims: Cantu v. Beck Redden LLP

Date: Dec 26, 2024

Federal Question Jurisdiction in State Legal Malpractice Claims: Cantu v. Beck Redden LLP Introduction In the case of Mark A. Cantu, Plaintiff-Appellant, v. Beck Redden L.L.P., Defendant-Appellee,...

Strict AEDPA Standards Uphold State Court’s Decision on Brady Claims in Grace v. Hooper

Date: Dec 26, 2024

Strict AEDPA Standards Uphold State Court’s Decision on Brady Claims in Grace v. Hooper Introduction Jessie J. Grace, III, convicted of second-degree murder in 1994 and sentenced to life imprisonment...

Affirmation of Denial to Expunge Criminal Records Post-Pardon: United States v. Corkern

Date: Dec 26, 2024

Affirmation of Denial to Expunge Criminal Records Post-Pardon: United States v. Corkern Introduction In United States of America v. Robert Corkern, decided on December 23, 2024, the United States...

Affirmation of Felony Firearm Possession Under 18 U.S.C. § 922(g)(1)

Date: Dec 26, 2024

Affirmation of Felony Firearm Possession Under 18 U.S.C. § 922(g)(1) Introduction In the case of United States of America v. Johnell Lavell Barber, II, the United States Court of Appeals for the...

Limiting Bivens and §1983 Claims Against Federal Officers: The Hernandez v. Causey Decision

Date: Dec 26, 2024

Limiting Bivens and §1983 Claims Against Federal Officers: The Hernandez v. Causey Decision Introduction The case of Gabino Ramos Hernandez v. Phillip Causey adjudicated by the United States Court of...

Abandonment of Acceleration in Foreclosure Proceedings: Fifth Circuit Establishes Significant Precedent

Date: Dec 22, 2024

Abandonment of Acceleration in Foreclosure Proceedings: Fifth Circuit Establishes Significant Precedent Introduction In the case of U.S. Bank Trust National Association, as Trustee of the Tiki Series...

Reaffirming Standards for Ineffective Assistance of Counsel in Immigration Removal Proceedings

Date: Dec 22, 2024

Reaffirming Standards for Ineffective Assistance of Counsel in Immigration Removal Proceedings Introduction The case of Blanca Nelly Sarabia Villareal v. Merrick Garland, U.S. Attorney General...

United States v. Hemphill: Affirmation of Felon Firearm Conviction and Evidentiary Standards

Date: Dec 22, 2024

United States v. Hemphill: Affirmation of Felon Firearm Conviction and Evidentiary Standards Introduction In the case of United States of America v. Emmanuel Antoine Hemphill, the United States Court...

Salesforce v. Plaintiffs: Clarifying Section 230 Immunity for Service Providers

Date: Dec 22, 2024

Salesforce v. Plaintiffs: Clarifying Section 230 Immunity for Service Providers Introduction In the landmark case of A.B.; R.J.; J.F.; P.P.; A.E.; Jane Doe v. Salesforce, Incorporated, adjudicated by...

Fifth Circuit Clarifies Limited Appellate Review for Cancellation of Removal and Voluntary Departure in Cuenca-Arroyo v. Garland

Date: Dec 20, 2024

Fifth Circuit Clarifies Limited Appellate Review for Cancellation of Removal and Voluntary Departure in Cuenca-Arroyo v. Garland Introduction In Cuenca-Arroyo v. Garland, decided on December 18,...

Affirmation of Disability Determination and Forfeiture of Unpreserved Claims: Jones v. O'Malley

Date: Dec 20, 2024

Affirmation of Disability Determination and Forfeiture of Unpreserved Claims: Jones v. O'Malley Introduction In William Curtis Jones v. Martin O'Malley, Commissioner of Social Security, the United...

Affirmation of Secure Custody Classification in Escape Cases: United States v. Lerma

Date: Dec 19, 2024

Affirmation of Secure Custody Classification in Escape Cases: United States v. Lerma Introduction In the case of United States of America v. Charles Ray Lerma, the United States Court of Appeals for...

Luna v. Garland: Clarifying Notice Requirements in Immigration Removal Proceedings

Date: Dec 19, 2024

Luna v. Garland: Clarifying Notice Requirements in Immigration Removal Proceedings Introduction The case of Dagoberto Luna v. Merrick Garland addresses critical issues surrounding the adequacy of...

Reaffirming 'Actual Knowledge' and 'Deliberate Indifference' Standards in Title IX and §1983 Liability: J.T. v. Uplift Education

Date: Dec 19, 2024

Reaffirming 'Actual Knowledge' and 'Deliberate Indifference' Standards in Title IX and §1983 Liability: J.T. v. Uplift Education Introduction The case of J.T., Individually and as next friend of M....

5th Circuit Enhances Protections for Religious Exemptions in Vaccine Mandates Under Title VII

Date: Dec 19, 2024

5th Circuit Enhances Protections for Religious Exemptions in Vaccine Mandates Under Title VII Introduction The recent decision by the United States Court of Appeals for the Fifth Circuit in Brandi...

Procedural Error in Sentencing Based on Clearly Erroneous Facts: United States v. Ibarra

Date: Dec 19, 2024

Procedural Error in Sentencing Based on Clearly Erroneous Facts: United States v. Ibarra Introduction In United States of America v. Joel Ibarra, the United States Court of Appeals for the Fifth...

Fifth Circuit Establishes New Precedent on Jury Verdict Consistency in Title VII and Equal Pay Act Cases

Date: Dec 19, 2024

Fifth Circuit Establishes New Precedent on Jury Verdict Consistency in Title VII and Equal Pay Act Cases Introduction In the landmark case of Sarah Lindsley v. Omni Hotels Management Corporation, the...

Lack of Standing in Preenforcement Challenges: Neese & Hurly v. Becerra

Date: Dec 19, 2024

Lack of Standing in Preenforcement Challenges: Neese & Hurly v. Becerra Introduction In the case of Susan Neese and James Hurly v. Xavier Becerra, the plaintiffs, both medical practitioners from...

Affirmation of Sentencing Enhancement Application in Coercion Crimes under 18 U.S.C. § 2422(a) – United States v. Avery

Date: Dec 19, 2024

Affirmation of Sentencing Enhancement Application in Coercion Crimes under 18 U.S.C. § 2422(a) – United States v. Avery Introduction The case of United States of America v. Johnathan Avery revolves...