5th Circuit Case Commentaries

Affirmation of Rule 41(b) Dismissal for Failure to Prosecute: Shaw v. The United Mexican States

Date: Mar 15, 2024

Affirmation of Rule 41(b) Dismissal for Failure to Prosecute: Shaw v. The United Mexican States Introduction Danny G. Shaw, Jr. and Melissa Shaw (Plaintiffs-Appellants) initiated a lawsuit against...

Expanding "Party Aggrieved" Under the Hobbs Act: Analysis of Texas v. Nuclear Regulatory Commission

Date: Mar 15, 2024

Expanding "Party Aggrieved" Under the Hobbs Act: Analysis of Texas v. Nuclear Regulatory Commission Introduction The case of State of Texas; Greg Abbott, Governor of the State of Texas; Texas...

Santee v. Oceaneering: Affirmation of Summary Judgment on Jones Act Seaman Status

Date: Mar 13, 2024

Santee v. Oceaneering: Affirmation of Summary Judgment on Jones Act Seaman Status Introduction The case of Shanon Roy Santee v. Oceaneering International, Inc., Transocean Offshore Deepwater...

Title X Does Not Preempt Texas Parental Consent Laws: Deanda v. Becerra

Date: Mar 13, 2024

Title X Does Not Preempt Texas Parental Consent Laws: Deanda v. Becerra Introduction In the landmark case of Alexander R. Deanda v. Xavier Becerra, the United States Court of Appeals for the Fifth...

Reinforcing Judicial Integrity: The Impact of Prejudicial Closing Arguments in Clapper v. American Realty Investors

Date: Mar 9, 2024

Reinforcing Judicial Integrity: The Impact of Prejudicial Closing Arguments in Clapper v. American Realty Investors Introduction The case of Clapper v. American Realty Investors, Incorporated (95...

Establishing Federal Personal Jurisdiction under FRCP 4(k)(2): Analysis of DISH Network v. Elahmad

Date: Mar 9, 2024

Establishing Federal Personal Jurisdiction under FRCP 4(k)(2): Analysis of DISH Network v. Elahmad Introduction The case of DISH Network, L.L.C. v. Bassam Elahmad is a pivotal decision from the...

Establishing the "Complete Helplessness" Standard in Asylum Claims: Insights from Mejia-Alvarenga v. Garland

Date: Mar 9, 2024

Establishing the "Complete Helplessness" Standard in Asylum Claims: Insights from Mejia-Alvarenga v. Garland Introduction Mejia-Alvarenga v. Garland, 95 F.4th 319, is a significant appellate decision...

Affirmation of AKS Conspiracy Convictions in Multi-Million Dollar Healthcare Kickback Scheme

Date: Mar 9, 2024

Affirmation of AKS Conspiracy Convictions in Multi-Million Dollar Healthcare Kickback Scheme Introduction In the landmark case of United States of America v. Shah, et al., the United States Court of...

Right to Allocution and Consistency in Supervised Release Conditions: Insights from United States v. Adams

Date: Mar 9, 2024

Right to Allocution and Consistency in Supervised Release Conditions: Insights from United States v. Adams 1. Introduction In the recent per curiam decision by the United States Court of Appeals for...

Affirmation of Jurisdictional Standards in Dismissing Frivolous Claims: Insights from Targeted Justice v. Merrick B. Garland

Date: Mar 9, 2024

Affirmation of Jurisdictional Standards in Dismissing Frivolous Claims: Insights from Targeted Justice v. Merrick B. Garland Introduction The case of Targeted Justice, Incorporated; Winter O....

Whistleblower Retaliation under NDAA: Monden v. Consolidated Nuclear Security

Date: Mar 9, 2024

Whistleblower Retaliation under NDAA: Monden v. Consolidated Nuclear Security Introduction The case of Stephen Cobey Monden v. Consolidated Nuclear Security, L.L.C. revolves around allegations of...

Fifth Circuit Establishes Rigorous Standards for Hague Convention Child Abduction Exceptions

Date: Mar 8, 2024

Fifth Circuit Establishes Rigorous Standards for Hague Convention Child Abduction Exceptions Introduction The case of Abigail Gramillo Galaviz v. Luis Enrique Reyes, decided by the United States...

Espinal v. City of Houston: Affirming Independent Intermediary Doctrine and Malicious Prosecution Standards

Date: Mar 8, 2024

Espinal v. City of Houston: Affirming Independent Intermediary Doctrine and Malicious Prosecution Standards Introduction In Espinal v. City of Houston (96 F.4th 741, 2024), the United States Court of...

Fifth Circuit Upholds Age-Verification Mandate Under H.B. 1181, Strikes Down Compelled Health Warnings

Date: Mar 8, 2024

Fifth Circuit Upholds Age-Verification Mandate Under H.B. 1181, Strikes Down Compelled Health Warnings Introduction In the case of Free Speech Coalition, Inc. v. Ken Paxton, the United States Court...

Strict One-Year Limitation for Rule 60(b)(1) Motions Confirmed in Edwards v. 4JLJ

Date: Mar 8, 2024

Strict One-Year Limitation for Rule 60(b)(1) Motions Confirmed in Edwards v. 4JLJ Introduction In the recent appellate decision Edwards v. 4JLJ, L.L.C., the United States Court of Appeals for the...

Fifth Circuit Affirms Enforcement of Arbitration Clauses in Surplus Lines Insurance under Louisiana Law

Date: Mar 7, 2024

Fifth Circuit Affirms Enforcement of Arbitration Clauses in Surplus Lines Insurance under Louisiana Law Introduction The case of Indian Harbor Insurance Company et al. v. Belmont Commons, L.L.C....

Mandamus Standards in Venue Transfer: Insights from In re Space Exploration Technologies, Corp.

Date: Mar 6, 2024

Mandamus Standards in Venue Transfer: Insights from In re Space Exploration Technologies, Corp. Introduction In the recent appellate decision, In re Space Exploration Technologies, Corporation,...

Affirmation of Louisiana's One-Year Prescriptive Period for Section 1983 Police Brutality Claims

Date: Mar 6, 2024

Affirmation of Louisiana's One-Year Prescriptive Period for Section 1983 Police Brutality Claims Introduction Anthony Monroe v. Terry Conner et al. is a significant case adjudicated by the United...

Enforcing International Arbitration Clauses in Surplus Lines Insurance: A New Precedent

Date: Mar 5, 2024

Enforcing International Arbitration Clauses in Surplus Lines Insurance: A New Precedent Introduction The case of Bufkin Enterprises, L.L.C. v. Indian Harbor Insurance Company et al. (96 F.4th 726)...

Affirmation of Sentencing Guidelines in Drug Conspiracy: United States v. Jacob Ray Owens

Date: Mar 2, 2024

Affirmation of Sentencing Guidelines in Drug Conspiracy: United States v. Jacob Ray Owens Introduction In the case of United States of America v. Jacob Ray Owens, the defendant, Jacob Ray Owens,...