5th Circuit Case Commentaries

Nondelegation Doctrine Upholds FDA's Authority Under TCA Section 901: Big Time Vapes v. FDA

Date: Jun 26, 2020

Nondelegation Doctrine Upholds FDA's Authority Under TCA Section 901: Big Time Vapes v. FDA Introduction The case of Big Time Vapes, Incorporated; United States Vaping Association v. Food & Drug...

FIFRA Preemption Affirms Adequacy of Product Labeling in Failure-to-Warn Claims: Hale v. Metrex Research Corporation

Date: Jun 25, 2020

FIFRA Preemption Affirms Adequacy of Product Labeling in Failure-to-Warn Claims: Hale v. Metrex Research Corporation Introduction In Hale v. Metrex Research Corporation, the United States Court of...

Affirmation of Denial in Ineffective Assistance Claim: Coleman v. Vannoy

Date: Jun 25, 2020

Affirmation of Denial in Ineffective Assistance Claim: Coleman v. Vannoy Introduction The case of Marcus Vernell Coleman v. Darrel Vannoy, adjudicated by the United States Court of Appeals for the...

Expiration of Public Health Orders and Mootness: Spell v. Edwards

Date: Jun 19, 2020

Expiration of Public Health Orders and Mootness: Spell v. Edwards Introduction The case of Mark Anthony Spell; Life Tabernacle Church, Plaintiffs - Appellees v. John Bel Edwards et al. revolves...

Interpretation of 28 U.S.C. § 2284(a): Scope of Three-Judge Courts in Election Redistricting Challenges

Date: Jun 19, 2020

Interpretation of 28 U.S.C. § 2284(a): Scope of Three-Judge Courts in Election Redistricting Challenges Introduction The case of Joseph Thomas; Vernon Ayers; Melvin Lawson, Plaintiffs - Appellees v....

Affirmation of Summary Judgment in Discrimination Claims Under ADEA and ADA

Date: Jun 16, 2020

Affirmation of Summary Judgment in Discrimination Claims Under ADEA and ADA Introduction The case of Andre W. Williams, Sr. v. Waste Management, Inc. addresses critical issues surrounding employment...

SBISD v. O.W.: Reinforcing Timely Child Find Obligations under IDEA

Date: Jun 13, 2020

SBISD v. O.W.: Reinforcing Timely Child Find Obligations under IDEA Introduction The case of Spring Branch Independent School District (SBISD) v. O.W. serves as a pivotal decision in the realm of...

Deliberate Indifference in Custodial Suicide: Converse v. City of Kemah Establishes New Precedent

Date: Jun 13, 2020

Deliberate Indifference in Custodial Suicide: Converse v. City of Kemah Establishes New Precedent Introduction Converse v. City of Kemah is a landmark case adjudicated by the United States Court of...

Impact of the First Step Act and Rehaif on Federal Sentencing: An Analysis of United States v. Staggers et al.

Date: Jun 10, 2020

Impact of the First Step Act and Rehaif on Federal Sentencing: An Analysis of United States v. Staggers et al. Introduction The case of United States of America v. Andre Patrick Staggers, Leonard...

Affirmation of Summary Judgment in Carla West v. City of Houston: Reinforcing Title VII Standards

Date: Jun 10, 2020

Affirmation of Summary Judgment in Carla West v. City of Houston: Reinforcing Title VII Standards Introduction The case of Carla West v. City of Houston addresses critical issues surrounding...

Enhanced Scrutiny on Qualified Immunity in Excessive Force Claims: Peña v. City of Rio Grande City

Date: Jun 9, 2020

Enhanced Scrutiny on Qualified Immunity in Excessive Force Claims: Peña v. City of Rio Grande City Introduction Peña v. City of Rio Grande City is a significant case decided by the United States...

Establishing Mootness Criteria in Sentencing Appeals: United States v. Calzada Vega

Date: Jun 5, 2020

Establishing Mootness Criteria in Sentencing Appeals: United States v. Calzada Vega Introduction United States of America v. Alejandro Calzada Vega, 960 F.3d 669 (5th Cir. 2020), is a pivotal case...

Fifth Circuit Reaffirms State Authority Over Mail-In Voting Amid COVID-19

Date: Jun 5, 2020

Fifth Circuit Reaffirms State Authority Over Mail-In Voting Amid COVID-19 Introduction In the landmark case of TEXAS DEMOCRATIC PARTY et al. v. GREG ABBOTT et al., the United States Court of Appeals...

Affirmation of Federal Jurisdiction Under CAFA in Bonin v. Sabine River Authority

Date: Jun 5, 2020

Affirmation of Federal Jurisdiction Under CAFA in Bonin v. Sabine River Authority Introduction The case of Perry Bonin et al. v. Sabine River Authority of Louisiana et al. (961 F.3d 381) adjudicated...

Qualified Immunity and Material Fact Disputes in Excessive Force Claims: Insights from Amador v. Vasquez

Date: Jun 4, 2020

Qualified Immunity and Material Fact Disputes in Excessive Force Claims: Insights from Amador v. Vasquez Introduction In the case of Maritza Amador, et al. v. Greg Vasquez & Robert Sanchez, the...

Eleventh Amendment Immunity Affirmed for Public Medical Institutions: Daniel v. University of Texas Southwestern Medical Center

Date: Jun 3, 2020

Eleventh Amendment Immunity Affirmed for Public Medical Institutions: Daniel v. University of Texas Southwestern Medical Center Introduction The case of Gwendolyn M. Daniel v. University of Texas...

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5th Circuit Case Commentaries

Nondelegation Doctrine Upholds FDA's Authority Under TCA Section 901: Big Time Vapes v. FDA

FIFRA Preemption Affirms Adequacy of Product Labeling in Failure-to-Warn Claims: Hale v. Metrex Research Corporation

Affirmation of Denial in Ineffective Assistance Claim: Coleman v. Vannoy

Expiration of Public Health Orders and Mootness: Spell v. Edwards

Interpretation of 28 U.S.C. § 2284(a): Scope of Three-Judge Courts in Election Redistricting Challenges

Affirmation of Summary Judgment in Discrimination Claims Under ADEA and ADA

SBISD v. O.W.: Reinforcing Timely Child Find Obligations under IDEA

Deliberate Indifference in Custodial Suicide: Converse v. City of Kemah Establishes New Precedent

Impact of the First Step Act and Rehaif on Federal Sentencing: An Analysis of United States v. Staggers et al.

Affirmation of Summary Judgment in Carla West v. City of Houston: Reinforcing Title VII Standards

Enhanced Scrutiny on Qualified Immunity in Excessive Force Claims: Peña v. City of Rio Grande City

Establishing Mootness Criteria in Sentencing Appeals: United States v. Calzada Vega

Fifth Circuit Reaffirms State Authority Over Mail-In Voting Amid COVID-19

Affirmation of Federal Jurisdiction Under CAFA in Bonin v. Sabine River Authority

Qualified Immunity and Material Fact Disputes in Excessive Force Claims: Insights from Amador v. Vasquez

Eleventh Amendment Immunity Affirmed for Public Medical Institutions: Daniel v. University of Texas Southwestern Medical Center

Strict Standards for Compassionate Release Amidst COVID-19 Pandemic Affirmed in Vasquez Case

BVGCD v. Stratta: Limiting Eleventh Amendment Immunity for Texas Groundwater Districts

Affirmation of Fiduciary Responsibilities in Defined Contribution ERISA Plans

Fifth Circuit Clarifies Application of Rehaif v. United States in Felon Firearm Possession Cases