5th Circuit Case Commentaries

Affirmation of Dismissal in Anokwuru v. City of Houston Establishes Standards for §1983 Claims and Amendment Procedures

Date: Mar 17, 2021

Affirmation of Dismissal in Anokwuru v. City of Houston Establishes Standards for §1983 Claims and Amendment Procedures Introduction In the case of Reginald Anokwuru v. City of Houston; Officer M.R....

Reasonable Suspicion and Non-Custodial Interrogation in Border Roving Patrols: US v. Nelson

Date: Mar 13, 2021

Reasonable Suspicion and Non-Custodial Interrogation in Border Roving Patrols: US v. Nelson Introduction The case of United States v. Vernon D. Nelson addresses critical issues surrounding the Fourth...

Defining Employer Liability under Title VII and §1981: Perry v. VHS San Antonio Partners

Date: Mar 11, 2021

Defining Employer Liability under Title VII and §1981: Perry v. VHS San Antonio Partners Introduction In the landmark case of Perry v. VHS San Antonio Partners, L.L.C., the United States Court of...

Affirmation of Qualified Immunity and the Necessity of Specific Evidence in §1983 Claims: Clark v. Thompson et al.

Date: Mar 10, 2021

Affirmation of Qualified Immunity and the Necessity of Specific Evidence in §1983 Claims: Clark v. Thompson et al. Introduction In the case of John Barto Clark v. Robert Clint Thompson; City of...

Affirming Federal Officer Removal Procedures under 28 U.S.C. §1442(a) in Tarsia Williams v. Lockheed Martin

Date: Mar 10, 2021

Affirming Federal Officer Removal Procedures under 28 U.S.C. §1442(a) in Tarsia Williams v. Lockheed Martin Introduction In the appellate case Tarsia Williams; Breck Williams, Plaintiffs-Appellants,...

Limiting Bivens Actions: Insights from Kevin Byrd v. Ray Lamb

Date: Mar 10, 2021

Limiting Bivens Actions: Insights from Kevin Byrd v. Ray Lamb Introduction The case of Kevin Byrd v. Ray Lamb, decided by the United States Court of Appeals for the Fifth Circuit on March 9, 2021,...

FLSA Preemption of Redundant State Wage Claims: Aldridge v. Mississippi Dept. of Corrections

Date: Mar 10, 2021

FLSA Preemption of Redundant State Wage Claims: Aldridge v. Mississippi Dept. of Corrections Introduction In Aldridge v. Mississippi Department of Corrections et al., decided on March 9, 2021, the...

Refining Federal Officer Removal: Insights from St. Charles Surgical Hospital v. BCBS Louisiana

Date: Mar 9, 2021

Refining Federal Officer Removal: Insights from St. Charles Surgical Hospital v. Blue Cross Blue Shield of Louisiana Introduction The case of St. Charles Surgical Hospital, L.L.C.; Center for...

Enhancing Judicial Transparency: Insights from BINH HOA LE v. EXETER FINANCE CORPORATION

Date: Mar 6, 2021

Enhancing Judicial Transparency: Insights from BINH HOA LE v. EXETER FINANCE CORPORATION Introduction In the case of Binh Hoa Le v. Exeter Finance Corporation; Enzo Parent, L.L.C., adjudicated by the...

Title VII Retaliation Causation and Mandatory RLA Arbitration: Insights from Wright v. Union Pacific Railroad Company

Date: Mar 6, 2021

Title VII Retaliation Causation and Mandatory RLA Arbitration: Insights from Wright v. Union Pacific Railroad Company Introduction In the landmark case Aisha Wright v. Union Pacific Railroad Company,...

Procedural Oversights in CPSC's Phthalate Regulation: A Comprehensive Analysis

Date: Mar 2, 2021

Procedural Oversights in CPSC's Phthalate Regulation: A Comprehensive Analysis Introduction The case of Texas Association of Manufacturers; Texas Chemical Council; Texas Association of Business;...

Fifth Circuit Upholds Lanham Act Protections for Brand Authenticity While Setting Strict Standards for Tortious Interference Claims

Date: Feb 27, 2021

Fifth Circuit Upholds Lanham Act Protections for Brand Authenticity While Setting Strict Standards for Tortious Interference Claims Introduction WickFire, L.L.C. v. Laura Woodruff; TriMax Media,...

Reaffirmation of Pleading Standards in §1983 and ADA Claims: Martinez v. City of North Richland Hills

Date: Feb 26, 2021

Reaffirmation of Pleading Standards in §1983 and ADA Claims: Martinez v. City of North Richland Hills Introduction The case of Cindy Martinez v. City of North Richland Hills addresses critical issues...

Enforcing Arbitration Agreements Against Non-Signatories: Trujillo v. Volt Management Corporation

Date: Feb 26, 2021

Enforcing Arbitration Agreements Against Non-Signatories: Trujillo v. Volt Management Corporation Introduction Elizabeth Trujillo v. Volt Management Corporation is a pivotal case decided by the...

Clarifying Diversity Jurisdiction in Citizen Suits: Insights from Grace Ranch v. BP America Production Co.

Date: Feb 25, 2021

Clarifying Diversity Jurisdiction in Citizen Suits: Insights from Grace Ranch v. BP America Production Co. Introduction The case of Grace Ranch, L.L.C. v. BP America Production Company; BHP Petroleum...

Affirmation of Summary Judgment in ADA Failure-to-Accommodate Claim: Defining a ‘Qualified Individual with a Disability’ in Safety-Sensitive Roles

Date: Feb 25, 2021

Affirmation of Summary Judgment in ADA Failure-to-Accommodate Claim: Defining a ‘Qualified Individual with a Disability’ in Safety-Sensitive Roles Introduction The case of Jay Weber v. BNSF Railway...

Governmental Immunity and Jurisdiction in Employment Termination: Insights from Tercero v. Texas Southmost College District

Date: Feb 25, 2021

Governmental Immunity and Jurisdiction in Employment Termination: Insights from Tercero v. Texas Southmost College District Introduction Tercero v. Texas Southmost College District is a pivotal case...

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5th Circuit Case Commentaries

Affirmation of Dismissal in Anokwuru v. City of Houston Establishes Standards for §1983 Claims and Amendment Procedures

Reasonable Suspicion and Non-Custodial Interrogation in Border Roving Patrols: US v. Nelson

Defining Employer Liability under Title VII and §1981: Perry v. VHS San Antonio Partners

Affirmation of Qualified Immunity and the Necessity of Specific Evidence in §1983 Claims: Clark v. Thompson et al.

Affirming Federal Officer Removal Procedures under 28 U.S.C. §1442(a) in Tarsia Williams v. Lockheed Martin

Limiting Bivens Actions: Insights from Kevin Byrd v. Ray Lamb

FLSA Preemption of Redundant State Wage Claims: Aldridge v. Mississippi Dept. of Corrections

Refining Federal Officer Removal: Insights from St. Charles Surgical Hospital v. BCBS Louisiana

Enhancing Judicial Transparency: Insights from BINH HOA LE v. EXETER FINANCE CORPORATION

Title VII Retaliation Causation and Mandatory RLA Arbitration: Insights from Wright v. Union Pacific Railroad Company

Procedural Oversights in CPSC's Phthalate Regulation: A Comprehensive Analysis

Fifth Circuit Upholds Lanham Act Protections for Brand Authenticity While Setting Strict Standards for Tortious Interference Claims

Reaffirmation of Pleading Standards in §1983 and ADA Claims: Martinez v. City of North Richland Hills

Enforcing Arbitration Agreements Against Non-Signatories: Trujillo v. Volt Management Corporation

Clarifying Diversity Jurisdiction in Citizen Suits: Insights from Grace Ranch v. BP America Production Co.

Affirmation of Summary Judgment in ADA Failure-to-Accommodate Claim: Defining a ‘Qualified Individual with a Disability’ in Safety-Sensitive Roles

Governmental Immunity and Jurisdiction in Employment Termination: Insights from Tercero v. Texas Southmost College District

Proper Application of Federal Rule 41(b) in Response to Local Rule Violations: Campbell v. Wilkinson

Ripeness on Appeal: DM Arbor Court, Limited v. The City of Houston

Affirmation of ACA's Section 9010 and Certification Rule by the Fifth Circuit