5th Circuit Case Commentaries

Fifth Circuit Clarifies 'Significant New Use' Under TSCA, Limiting EPA's Authority Over Historical Manufacturing Processes

Date: Mar 22, 2024

Fifth Circuit Clarifies 'Significant New Use' Under TSCA, Limiting EPA's Authority Over Historical Manufacturing Processes Introduction In the landmark case of Inhance Technologies, L.L.C. v. United...

Strengthening Diversity Jurisdiction Protocols: The Fifth Circuit's Ruling in Sel v. Kumar

Date: Mar 22, 2024

Strengthening Diversity Jurisdiction Protocols: The Fifth Circuit's Ruling in Sel v. Kumar Introduction The case of Selva Kumar v. Panera Bread Company presents significant insights into the...

Affirming the Necessity of Substantial Evidence in Manufacturing Defect Claims: Johnston v. Ferrellgas

Date: Mar 22, 2024

Affirming the Necessity of Substantial Evidence in Manufacturing Defect Claims: Johnston v. Ferrellgas Introduction The appellate case C. Sidney Johnston; Danette Johnston v. Ferrellgas, Incorporated...

Rolex v. BeckerTime: Establishing Enhanced Standards for Trademark Infringement in Customized Luxury Goods

Date: Mar 22, 2024

Rolex v. BeckerTime: Establishing Enhanced Standards for Trademark Infringement in Customized Luxury Goods Introduction The legal battle between Rolex Watch USA, Incorporated...

Fifth Circuit Upholds FDA's Tobacco Warning Labels Under Zauderer Standard

Date: Mar 22, 2024

Fifth Circuit Upholds FDA's Tobacco Warning Labels Under Zauderer Standard Introduction In the case of R.J. Reynolds Tobacco Company et al. v. Food & Drug Administration et al., the United States...

Santiago v. United States: Correcting Sentencing Guideline Calculations and the Necessity to Account for Self-Defense

Date: Mar 22, 2024

Santiago v. United States: Correcting Sentencing Guideline Calculations and the Necessity to Account for Self-Defense Introduction The case of United States of America v. Clarence Santiago presents a...

Affirming the Denial of Setoff Claims in Equity Receiverships for Parties with Unclean Hands: Janvey v. GMAG

Date: Mar 21, 2024

Affirming the Denial of Setoff Claims in Equity Receiverships for Parties with Unclean Hands: Janvey v. GMAG Introduction The case of Ralph S. Janvey, in his Capacity as Court-Appointed Receiver for...

Affirming FTCA Liability for Intentional Non-Delivery of Mail: Lebene Konan v. USPS

Date: Mar 21, 2024

Affirming FTCA Liability for Intentional Non-Delivery of Mail: Lebene Konan v. USPS Introduction The case of Lebene Konan v. United States Postal Service, decided by the United States Court of...

Affirming Conspiracy Under 18 U.S.C. §371: Insights from United States v. Vincent Marchetti, Jr.

Date: Mar 21, 2024

Affirming Conspiracy Under 18 U.S.C. §371: Insights from United States v. Vincent Marchetti, Jr. Introduction In the case of United States of America v. Vincent Marchetti, Jr., the United States...

Affirmation of Qualified Immunity in Deliberate Indifference Claims: Cruz v. Cervantez

Date: Mar 21, 2024

Affirmation of Qualified Immunity in Deliberate Indifference Claims: Cruz v. Cervantez Introduction Parties Involved: Eric Cruz, Plaintiff-Appellant, vs. Officer Domingo Cervantez,...

SEC v. Novinger: Jurisdictional Boundaries in Procedural Impropriety

Date: Mar 20, 2024

SEC v. Novinger: Jurisdictional Boundaries in Procedural Impropriety Introduction In the landmark case Securities and Exchange Commission v. Christopher A. Novinger; ICAN Investment Group, L.L.C.,...

Fifth Circuit Upholds Summary Judgment in FMLA and Title VII Claims: Cerda v. Blue Cube Operations

Date: Mar 20, 2024

Fifth Circuit Upholds Summary Judgment in FMLA and Title VII Claims: Cerda v. Blue Cube Operations Introduction In the case of Elizabeth Cerda v. Blue Cube Operations, L.L.C., the United States Court...

Fifth Circuit Upholds Qualified Immunity in Use-of-Force Incident Lacking Clearly Established Law

Date: Mar 20, 2024

Fifth Circuit Upholds Qualified Immunity in Use-of-Force Incident Lacking Clearly Established Law Introduction In the case of Donald Woods et al. v. Harris County, Texas et al., the United States...

Limits on Remedies for Non-Signatory Bidders in Auction Contracts: Insights from Weinhoffer v. Davie Shoring

Date: Mar 20, 2024

Limits on Remedies for Non-Signatory Bidders in Auction Contracts: Insights from Weinhoffer v. Davie Shoring Introduction In the landmark case of Weinhoffer v. Davie Shoring, Inc., the United States...

Clarifying Finality: Impact of Rule 59(e) Amendments on Appellate Timeliness in Myers v. Wilmington Savings Fund Society

Date: Mar 19, 2024

Clarifying Finality: Impact of Rule 59(e) Amendments on Appellate Timeliness in Myers v. Wilmington Savings Fund Society Introduction The case of Wilmington Savings Fund Society, FSB, d/b/a...

Affirmation of Dismissal Without Prejudice under Federal Rule of Civil Procedure 41(b): Smith v. Bogalusa City

Date: Mar 19, 2024

Affirmation of Dismissal Without Prejudice under Federal Rule of Civil Procedure 41(b): Smith v. Bogalusa City Introduction In the case of Elvelyn Smith, on behalf of her minor son,...

Clarifying Pollution Exclusions in Commercial Insurance: Gold Coast Commodities v. Travelers Decision

Date: Mar 19, 2024

Clarifying Pollution Exclusions in Commercial Insurance: Gold Coast Commodities v. Travelers Decision Introduction In the realm of corporate operations, the safeguarding of assets through commercial...

Establishing Concrete Injury Standard in FDCPA Claims: Calogero & Randolph v. Shows, Cali & Walsh, L.L.P.

Date: Mar 16, 2024

Establishing Concrete Injury Standard in FDCPA Claims: Calogero & Randolph v. Shows, Cali & Walsh, L.L.P. Introduction The case of Iris Calogero and Margie Nell Randolph v. Shows, Cali & Walsh,...

Armed Career Criminal Act: United States v. Schorovsky Establishes Clear Guidelines for Predicate Offenses

Date: Mar 16, 2024

Armed Career Criminal Act: United States v. Schorovsky Establishes Clear Guidelines for Predicate Offenses Introduction In the landmark case United States of America v. Richard Schorovsky, 95 F.4th...

Clarifying Plain Error Standards for Restitution under Federal Rule 11(b)(1)(K)

Date: Mar 16, 2024

Clarifying Plain Error Standards for Restitution under Federal Rule 11(b)(1)(K) Introduction The case of United States of America v. Davionne Owens represents a significant development in the...