5th Circuit Case Commentaries

Procedural Interplay Between MTCA and MWPA: Johnson v. Miller et al.

Date: Apr 11, 2024

Procedural Interplay Between MTCA and MWPA: Johnson v. Miller et al. Introduction Mark Johnson v. George Miller, Sr., Donald Mitchell, and Clarksdale Public Utilities Commission is a pivotal case...

Enforcement of Policy Valuation Provisions: Actual Cash Value Prevails Over Replacement Cost in Kahlig v. Affiliated FM Insurance

Date: Apr 11, 2024

Enforcement of Policy Valuation Provisions: Actual Cash Value Prevails Over Replacement Cost in Kahlig Enterprises, Inc. v. Affiliated FM Insurance Company Introduction Kahlig Enterprises,...

5th Circuit Affirms INA's §1252(a)(2)(B): Limiting Judicial Review of Visa Allocation Policies

Date: Apr 10, 2024

5th Circuit Affirms INA's §1252(a)(2)(B): Limiting Judicial Review of Visa Allocation Policies Introduction In the appellate case Ashok Kumar Cheejati et al. v. Antony Blinken et al., the United...

Fifth Circuit Reaffirms Strict Timeliness Requirements and Ellerth/Faragher Defense in Title VII Sexual Harassment Cases

Date: Apr 9, 2024

Fifth Circuit Reaffirms Strict Timeliness Requirements and Ellerth/Faragher Defense in Title VII Sexual Harassment Cases Introduction In the case of Candace E. Taylor v. Denis McDonough, Secretary,...

Affirmation of Qualified Immunity in Clay County Jail Death Case

Date: Apr 9, 2024

Affirmation of Qualified Immunity in Clay County Jail Death Case Introduction The case of Culberson v. Clay County involves the wrongful death of Dale O'Neal, a pre-trial detainee who was murdered by...

Mandamus Granted in In re Fort Worth Chamber of Commerce: Clarifying Jurisdictional Boundaries in Appeals

Date: Apr 6, 2024

Mandamus Granted in In re Fort Worth Chamber of Commerce: Clarifying Jurisdictional Boundaries in Appeals Introduction The case of In re Fort Worth Chamber of Commerce (98 F.4th 265) addresses...

Strict Adherence to Discovery Requirements Crucial for Overcoming Summary Judgment: Mandawala v. Baptist School of Health Professions

Date: Apr 5, 2024

Strict Adherence to Discovery Requirements Crucial for Overcoming Summary Judgment: Mandawala v. Baptist School of Health Professions Introduction In the case of Symon Mandawala v. Baptist School of...

Affirmation of Dismissal of RICO Claims: Requirements for Establishing a Sufficient Pattern of Racketeering Activity

Date: Apr 5, 2024

Affirmation of Dismissal of RICO Claims: Requirements for Establishing a Sufficient Pattern of Racketeering Activity Introduction In the appellate case D&T Partners, L.L.C. v. Baymark Partners...

Limits of Bankruptcy Courts' Civil Contempt Powers: Insights from Highland Capital Management v. Dondero

Date: Apr 5, 2024

Limits of Bankruptcy Courts' Civil Contempt Powers: Insights from Highland Capital Management v. Dondero Introduction The case of Highland Capital Management, L.P. v. Highland Capital Management,...

Miller v. Michaels Stores: Affirmation of Summary Judgment in Negligence Claims Under Louisiana Law

Date: Apr 5, 2024

Miller v. Michaels Stores: Affirmation of Summary Judgment in Negligence Claims Under Louisiana Law Introduction In the case of Susan Miller v. Michaels Stores, Incorporated, adjudicated by the...

New Precedent: Fifth Circuit Reverses Denial of Preliminary Injunction Against Dept. of Education's Student Loan Discharge Regulations

Date: Apr 5, 2024

New Precedent: Fifth Circuit Reverses Denial of Preliminary Injunction Against Dept. of Education's Student Loan Discharge Regulations Introduction In the landmark case of Career Colleges and Schools...

Plymouth Tube Co. v. Sheet Pile, L.L.C.: Affirmation of Summary Judgment on Breach of Contract and Fraud Claims

Date: Apr 4, 2024

Plymouth Tube Co. v. Sheet Pile, L.L.C.: Affirmation of Summary Judgment on Breach of Contract and Fraud Claims Introduction The case of Sheet Pile, L.L.C. v. Plymouth Tube Company, USA revolves...

Fifth Circuit Establishes Precedent on Insurance Coverage for Building Code-Enforced Repairs

Date: Apr 3, 2024

Fifth Circuit Establishes Precedent on Insurance Coverage for Building Code-Enforced Repairs Introduction In the case of Carl Schnell; Mary Ellen Schnell v. State Farm Lloyds, the United States Court...

Mootness and Standing: Comprehensive Analysis of Jackson Municipal Airport Authority v. Appellants

Date: Apr 3, 2024

Mootness and Standing: Comprehensive Analysis of Jackson Municipal Airport Authority v. Appellants Introduction The case of Jackson Municipal Airport Authority; Board of Commissioners of the Jackson...

Affirmation of Summary Judgment in Employment Discrimination Case: Brown v. San Antonio Food Bank

Date: Mar 28, 2024

Affirmation of Summary Judgment in Employment Discrimination Case: Brown v. San Antonio Food Bank Introduction The case of Jacquelyn Zepora Brown v. San Antonio Food Bank represents a significant...

Reaffirming the Independence of ADA Claims from IDEA Exhaustion Requirement: Lartigue v. Northside ISD

Date: Mar 27, 2024

Reaffirming the Independence of ADA Claims from IDEA Exhaustion Requirement: Lartigue v. Northside ISD Introduction Kaylee Lartigue, the plaintiff-appellant, initiated a lawsuit against the Northside...

Fifth Circuit Denies Stay of Preliminary Injunction Against Texas's S.B.4: Reinforcing Federal Preemption in Immigration Law

Date: Mar 27, 2024

Fifth Circuit Denies Stay of Preliminary Injunction Against Texas's S.B.4: Reinforcing Federal Preemption in Immigration Law Introduction In a pivotal decision on March 26, 2024, the United States...

Adherence to Local Rule 83.2.10(B)(3) in Extending Attorney Sanctions: Fifth Circuit Clarifies Due Process Requirements

Date: Mar 26, 2024

Adherence to Local Rule 83.2.10(B)(3) in Extending Attorney Sanctions: Fifth Circuit Clarifies Due Process Requirements Introduction The appellate decision in Claude F. Reynaud, III, Appellant (No....

Implied Materiality in Lease Termination: Fifth Circuit Upholds Requirement for Clear Contractual Terms

Date: Mar 23, 2024

Implied Materiality in Lease Termination: Fifth Circuit Upholds Requirement for Clear Contractual Terms Introduction The appellate case of Affordable Care, L.L.C. v. JNM Office Property, L.L.C....

Sleep Deprivation Standards Under the Eighth Amendment: Insights from Garrett v. Lumpkin

Date: Mar 23, 2024

Sleep Deprivation Standards Under the Eighth Amendment: Insights from Garrett v. Lumpkin Introduction The case of Michael Garrett v. Bobby Lumpkin, decided by the United States Court of Appeals for...