5th Circuit Case Commentaries

Affirmation of Policy Exclusions in COVID-19 Business Interruption Claims

Date: Jun 28, 2024

Affirmation of Policy Exclusions in COVID-19 Business Interruption Claims Introduction The appellate case of Baylor Scott &White Holdings v. Factory Mutual Insurance Company addresses a critical...

Strict Standards for Timely Amendment of Pleadings under FRCP 16(b)(4): Insights from Holston Banks v. John H. Spence

Date: Jun 27, 2024

Strict Standards for Timely Amendment of Pleadings under FRCP 16(b)(4): Insights from Holston Banks v. John H. Spence Introduction In the case of Holston Banks, III, Plaintiff-Appellant, v. John H....

Coleman County Jail Suicide Prevention Policies: A New Precedent in §1983 Claims

Date: Jun 27, 2024

Coleman County Jail Suicide Prevention Policies: A New Precedent in §1983 Claims Introduction The case of Patsy K. Cope; Alex Isbell, as Dependent Administrator of, and on behalf of, the Estate of...

Strict Construction of Insurance Policies and Enforcement of Timely Claims Payments: Insights from FB Church v. CM Insurance

Date: Jun 27, 2024

Strict Construction of Insurance Policies and Enforcement of Timely Claims Payments: Insights from FB Church v. CM Insurance Introduction The case of First Baptist Church of Iowa, Louisiana,...

Affirmation of Precedent: Payment of Appraisal Awards Precludes Extra-Contractual Bad Faith Claims under Texas Law

Date: Jun 26, 2024

Affirmation of Precedent: Payment of Appraisal Awards Precludes Extra-Contractual Bad Faith Claims under Texas Law Introduction In the case of Anthony Navarra; Katherine Navarra v. State Farm Lloyds,...

Comprehensive Analysis of United States v. Boukamp: Competency, Pro Se Representation, and Sentencing in Sexual Offense Cases

Date: Jun 26, 2024

Comprehensive Analysis of United States v. Boukamp: Competency, Pro Se Representation, and Sentencing in Sexual Offense Cases Introduction United States of America v. Thomas John Boukamp, 105 F.4th...

Fifth Circuit Rules Task Force Members as Unconstitutionally Appointed Principal Officers under the Appointments Clause

Date: Jun 22, 2024

Fifth Circuit Rules Task Force Members as Unconstitutionally Appointed Principal Officers under the Appointments Clause Introduction The case of Braidwood Management, Incorporated et al. v. Xavier...

Affirming State Sovereign Immunity in Election Code Enforcement: Fifth Circuit's Decision in Mi Familia Vota v. Ogg

Date: Jun 21, 2024

Affirming State Sovereign Immunity in Election Code Enforcement: Fifth Circuit's Decision in Mi Familia Vota v. Ogg Introduction The case of Mi Familia Vota; Marla Lopez; Marlon Lopez; Paul Rutledge,...

Affirmation of Economic Loss Doctrine in Aircraft Maintenance Negligence Case - Fifth Circuit

Date: Jun 19, 2024

Affirmation of Economic Loss Doctrine in Aircraft Maintenance Negligence Case - Fifth Circuit Introduction In the appellate case Aircraft Holding Solutions, L.L.C.; CH300, L.L.C. v. Learjet,...

Mandamus Relief in Venue Transfer Challenge: Fifth Circuit Sets New Precedent on §1404(a) Application

Date: Jun 19, 2024

Mandamus Relief in Venue Transfer Challenge: Fifth Circuit Sets New Precedent on §1404(a) Application Introduction In the case In re Chamber of Commerce of the United States of America; Fort Worth...

Affirmation of Qualified Immunity in Excessive Force Claims: Roundtree v. Casanova

Date: Jun 11, 2024

Affirmation of Qualified Immunity in Excessive Force Claims: Roundtree v. Casanova Introduction In the landmark case of Roundtree v. Casanova, the United States Court of Appeals for the Fifth Circuit...

Boundaries of Bivens Claims in Eighth Amendment Prison Medical Negligence: Vaughn v. Bassett et al.

Date: Jun 11, 2024

Boundaries of Bivens Claims in Eighth Amendment Prison Medical Negligence: Vaughn v. Bassett et al. Introduction In the case of Thomas A. Vaughn v. Richard Bassett, Lieutenant; Anselmo Padilla-Luna,...

Fifth Circuit Sanctions Attorney for Frivolous Litigation and Upholds Judicial Immunity in Adimora-Nweke v. McGraw

Date: Jun 8, 2024

Fifth Circuit Sanctions Attorney for Frivolous Litigation and Upholds Judicial Immunity in Adimora-Nweke v. McGraw Introduction The case of Ernest Adimora-Nweke v. Steven C. McGraw et al.,...

Ensuring Due Process and Intervention Standards in Fifth Circuit: McClenny Moseley v. Equal Access Justice Fund

Date: Jun 8, 2024

Ensuring Due Process and Intervention Standards in Fifth Circuit: McClenny Moseley v. Equal Access Justice Fund Introduction The case of McClenny Moseley & Associates, P.L.L.C. (MMA) versus Equal...

Age Discrimination in Hiring Practices: Thomas v. Dallas Independent School District

Date: Jun 8, 2024

Age Discrimination in Hiring Practices: Thomas v. Dallas Independent School District Introduction In the case of Deborah Ann Thomas v. Dallas Independent School District (DISD), the United States...

Affirmation of Due Process Compliance in Research Misconduct Proceedings: Yoon v. Garg et al.

Date: Jun 7, 2024

Affirmation of Due Process Compliance in Research Misconduct Proceedings: Yoon v. Garg et al. Introduction In Jung-Hoon Yoon v. Nisha Garg; Carolee King; Daniel Sharphorn; Ben Raimer; Charles P....

Fifth Circuit Limits SEC Authority in Regulating Private Fund Advisers

Date: Jun 6, 2024

Fifth Circuit Limits SEC Authority in Regulating Private Fund Advisers Introduction In the case of National Association of Private Fund Managers et al. v. Securities and Exchange Commission (103...

Establishing 'Careful Procedure' for Qualified Immunity-Related Discovery: Asante-Chioke v. Dowdle & Davis

Date: Jun 6, 2024

Establishing 'Careful Procedure' for Qualified Immunity-Related Discovery: Asante-Chioke v. Dowdle & Davis Introduction In the landmark case of Malikah Asante-Chioke v. Nicholas Dowdle and Lamar A....

Arbitration Clauses in Surplus Lines Insurance Policies Void Under Louisiana Statute § 22:868

Date: Jun 6, 2024

Arbitration Clauses in Surplus Lines Insurance Policies Void Under Louisiana Statute § 22:868 Introduction In the landmark case of S. K. A. V., L.L.C. v. Independent Specialty Insurance Company, the...

Reaffirmation of 'Open and Obvious' Doctrine in Texas Premises Liability: Sanchez v. Dolgencorp

Date: Jun 6, 2024

Reaffirmation of 'Open and Obvious' Doctrine in Texas Premises Liability: Sanchez v. Dolgencorp Introduction The case of Cassandra Lea Sanchez v. Dolgencorp of Texas, Incorporated addresses critical...