5th Circuit Case Commentaries

Allocution Rights Affirmed: Comprehensive Analysis of United States v. Lafleur

Date: Jun 6, 2024

Allocution Rights Affirmed: Comprehensive Analysis of United States v. Lafleur Introduction In the landmark case United States of America v. Charles Dirk Lafleur, the United States Court of Appeals...

5th Circuit Establishes Expanded First Amendment Standing and Limits Restrictive Local Rules in AAPS v. ABIM et al

Date: Jun 4, 2024

5th Circuit Establishes Expanded First Amendment Standing and Limits Restrictive Local Rules in AAPS v. ABIM et al Introduction The United States Court of Appeals for the Fifth Circuit delivered a...

Fifth Circuit Sets Precedent on Res Judicata and Personal Jurisdiction: Dismissal Should Be Without Prejudice

Date: Jun 4, 2024

Fifth Circuit Sets Precedent on Res Judicata and Personal Jurisdiction: Dismissal Should Be Without Prejudice Introduction In the case of Glen Pace v. Cirrus Design Corporation, the United States...

Clarifying the Limits of Qualified Immunity in First Amendment Retaliation and Conspiracy Claims: The Bevill v. Wheeler Decision

Date: May 31, 2024

Clarifying the Limits of Qualified Immunity in First Amendment Retaliation and Conspiracy Claims: The Bevill v. Wheeler Decision Introduction The case of Terry Bevill v. James Wheeler et al. (103...

Act of State Doctrine Applied in Art Restitution: Emden v. Museum of Fine Arts, Houston

Date: May 30, 2024

Act of State Doctrine Applied in Art Restitution: Emden v. Museum of Fine Arts, Houston Introduction The case of Juan Carlos Emden; Nicolas Emden; Michel Emden v. The Museum of Fine Arts, Houston...

Enforceability of Disclaimer of Reliance Clauses in Fraud Claims: Insights from Cory v. Stewart and O'Connor

Date: May 30, 2024

Enforceability of Disclaimer of Reliance Clauses in Fraud Claims: Insights from Cory v. Stewart and O'Connor Introduction In the case of Jason Cory, Plaintiff-Appellee, v. Michael Stewart; Tammy...

United States v. Woods: Clarifying Supervised Release Conditions and Upholding Above-Guidelines Sentencing

Date: May 29, 2024

United States v. Woods: Clarifying Supervised Release Conditions and Upholding Above-Guidelines Sentencing Introduction In the case of United States of America v. Darion Benjamin Woods, the United...

Delegation of Class Arbitrability to Arbitrators Under JAMS Rules

Date: May 29, 2024

Delegation of Class Arbitrability to Arbitrators Under JAMS Rules Introduction The case of Joseph Work, Plaintiff-Appellee, v. Intertek Resource Solutions, Incorporated, Defendant-Appellant, decided...

Remand Entitlement on Improper Joinder in Diversity Jurisdiction Cases: Analysis of Palmquist v. Hain Celestial Group and Whole Foods Market

Date: May 29, 2024

Remand Entitlement on Improper Joinder in Diversity Jurisdiction Cases: Analysis of Palmquist v. Hain Celestial Group and Whole Foods Market Introduction In the case of Sarah Palmquist, Individually...

Reaffirmation of Strict Standards for Exceptional Hardship in Cancellation of Removal: Insights from Gomez-Vargas v. Garland

Date: May 29, 2024

Reaffirmation of Strict Standards for Exceptional Hardship in Cancellation of Removal: Insights from Gomez-Vargas v. Garland Introduction The case of Rafael Gomez-Vargas v. Merrick Garland, U.S....

Thryv Inc. v. NLRB: Establishing the Boundaries of Management Rights Clauses at Impasse

Date: May 25, 2024

Thryv Inc. v. NLRB: Establishing the Boundaries of Management Rights Clauses at Impasse Introduction The case of Thryv, Incorporated v. National Labor Relations Board, reported as 102 F.4th 727 and...

Reaffirming the Salary Basis Test: Insights from Gentry v. Hamilton-Ryker IT Solutions

Date: May 25, 2024

Reaffirming the Salary Basis Test: Insights from Gentry v. Hamilton-Ryker IT Solutions Introduction The case of Terry Gentry, on behalf of himself and all others similarly situated,...

Federal Preemption of State Failure-to-Warn Claims in Pharmaceutical Litigation

Date: May 25, 2024

Federal Preemption of State Failure-to-Warn Claims in Pharmaceutical Litigation Introduction In the case of Tina Hickey; Hilda Adams; Gloria J. Cooper; Carol R. Woodson, Plaintiffs-Appellees, v....

Deliberate Indifference in Pretrial Detainee Medical Care: Ford v. Anderson County

Date: May 23, 2024

Deliberate Indifference in Pretrial Detainee Medical Care: Ford v. Anderson County Introduction The case of Amber Ford et al. v. Anderson County et al., adjudicated by the United States Court of...

Fifth Circuit Sets New Precedent on Direct Evidence in Racial Discrimination Under Title II: Hager v. Brinker Texas

Date: May 23, 2024

Fifth Circuit Sets New Precedent on Direct Evidence in Racial Discrimination Under Title II: Hager v. Brinker Texas Introduction In the landmark case of Sharnez Hager v. Brinker Texas, Incorporated,...

Failure to Timely Notify: A New Precedent in ADA Accommodation Requests

Date: May 22, 2024

Failure to Timely Notify: A New Precedent in ADA Accommodation Requests Introduction The case of Lauren Versaggi v. KLS Martin, L.P. addresses critical issues surrounding the application of the...

Fifth Circuit Rules Appellants Lack Standing to Challenge Bankruptcy Committee Removal

Date: May 14, 2024

Fifth Circuit Rules Appellants Lack Standing to Challenge Bankruptcy Committee Removal Introduction In the landmark case In the Matter of Roman Catholic Church of the Archdiocese of New Orleans...

Pebbles Martin v. LCMC Health Holdings: Federal Officer Removal Jurisdiction Clarified

Date: May 14, 2024

Pebbles Martin v. LCMC Health Holdings: Federal Officer Removal Jurisdiction Clarified Introduction The case of Pebbles Martin v. LCMC Health Holdings, Incorporated; Louisiana Children's Medical...

Affirmation of Statute of Limitations in Disability Benefits Breach of Contract Claim: Martin v. GE and Sedgwick

Date: May 10, 2024

Affirmation of Statute of Limitations in Disability Benefits Breach of Contract Claim: Martin v. General Electric and Sedgwick Introduction The case of Shantyry Martin v. Sedgwick Claims Management...

Reversing Jurisdictional Bar: Defining 'Amount in Controversy' in Appraisal Petitions

Date: May 8, 2024

Reversing Jurisdictional Bar: Defining 'Amount in Controversy' in Appraisal Petitions Introduction In the case of Sentry Insurance, Plaintiff-Appellant, v. James J. Morgan, doing business as Morgan &...