5th Circuit Case Commentaries

Expansion of Legislative Privilege: Non-Party Legislators Granted Standing on Appeal

Date: Feb 17, 2024

Expansion of Legislative Privilege: Non-Party Legislators Granted Standing on Appeal Introduction The case of La Union del Pueblo Entero; Friendship-West Baptist Church; Southwest Voter Registration...

Occupational Liberty Interest Requires Effective Foreclosure: Fifth Circuit Reverses in Adams v. City of Harahan

Date: Feb 17, 2024

Occupational Liberty Interest Requires Effective Foreclosure: Fifth Circuit Reverses in Adams v. City of Harahan Introduction In the landmark case of Manuel Adams, Jr. v. City of Harahan, the United...

Realistic Probability and Divisibility of State Drug Offenses in Immigration Removal: Alejos-Perez v. Garland

Date: Feb 17, 2024

Realistic Probability and Divisibility of State Drug Offenses in Immigration Removal: Alejos-Perez v. Garland Introduction Mario Alberto Alejos-Perez, a Mexican citizen and lawful permanent resident...

Obstruction of Justice Enhancement Overruled in Ortega Case

Date: Feb 16, 2024

Obstruction of Justice Enhancement Overruled in Ortega Case Introduction The case of United States of America v. Miguel Angel Ortega (93 F.4th 278) presents a significant development in the...

5th Circuit Upholds Texas Supreme Court’s Interpretation of 'Final' Dismissal under Section 16.064(a)(2) in Rehabilitation Act Claims

Date: Feb 16, 2024

5th Circuit Upholds Texas Supreme Court’s Interpretation of 'Final' Dismissal under Section 16.064(a)(2) in Rehabilitation Act Claims Introduction The appellate case of Toni Marie Bullock v. The...

Enforceability of Oral Agreements Under Louisiana Law: Shaw v. Restoration Hardware

Date: Feb 16, 2024

Enforceability of Oral Agreements Under Louisiana Law: Shaw v. Restoration Hardware Introduction In Shaw v. Restoration Hardware, the United States Court of Appeals for the Fifth Circuit addressed...

Affirmation of Racketeering Conspiracy and Life Sentencing in US v. Blankenship & Chunn

Date: Feb 16, 2024

Affirmation of Racketeering Conspiracy and Life Sentencing in United States v. Blankenship & Chunn Introduction In the case of United States of America, Plaintiff-Appellee, v. Jesse Paul Blankenship;...

Ensuring Judicial Independence in Municipal Abatement Orders: Rhone v. City of Texas City

Date: Feb 15, 2024

Ensuring Judicial Independence in Municipal Abatement Orders: Rhone v. City of Texas City Introduction In the case of Thomas E. Rhone vs. City of Texas City, Texas (93 F.4th 762), the United States...

Fifth Circuit Affirms Denial of Sentence Reduction for Non-Retroactive Changes and Mandatory Life Terms in Cardenas

Date: Feb 15, 2024

Fifth Circuit Affirms Denial of Sentence Reduction for Non-Retroactive Changes and Mandatory Life Terms in Cardenas Introduction In the case of United States of America v. Julio Cesar Cardenas, the...

Affirmation of Qualified Immunity in Prolonged Traffic Stops: Weisshaus v. Teichelman

Date: Feb 15, 2024

Affirmation of Qualified Immunity in Prolonged Traffic Stops: Weisshaus v. Teichelman Introduction The case of Yoel Weisshaus v. Steve Coy Teichelman; 100th Judicial District addresses critical...

Time-Barred Claims Under Louisiana’s Statute of Limitations: 5th Circuit Affirms Dismissal in Brown v. City of Central

Date: Feb 13, 2024

Time-Barred Claims Under Louisiana’s Statute of Limitations: 5th Circuit Affirms Dismissal in Brown v. City of Central Introduction In the case of Howard Gary Brown v. City of Central et al., the...

Clarification Required on Time-Served Credits in Federal Sentencing: United States v. Gonzales

Date: Feb 13, 2024

Clarification Required on Time-Served Credits in Federal Sentencing: United States v. Gonzales Introduction In the case of United States of America v. Christopher Gonzales, the United States Court of...

Cenikor Foundation v. Klick et al.: Establishing the Primary Beneficiary Test for FLSA Employee Status

Date: Feb 10, 2024

Cenikor Foundation v. Klick et al.: Establishing the Primary Beneficiary Test for FLSA Employee Status Introduction In the landmark case of Cenikor Foundation v. Klick et al., the United States Court...

Gutierrez v. Saenz: Standing in Section 1983 Challenges to Postconviction DNA Testing for Capital Defendants

Date: Feb 9, 2024

Gutierrez v. Saenz: Standing in Section 1983 Challenges to Postconviction DNA Testing for Capital Defendants Introduction Ruben Gutierrez is a death row inmate whose legal battle has significantly...

Retroactive Application of Sentencing Guidelines: Fifth Circuit Affirms Above-Guidelines Sentence in Anderson v. United States

Date: Feb 9, 2024

Retroactive Application of Sentencing Guidelines: Fifth Circuit Affirms Above-Guidelines Sentence in Anderson v. United States Introduction In the case of United States of America v. Shredewrick...

In Forma Pauperis Application Standards under 42 U.S.C. § 1983: Gibbs v. Jackson et al.

Date: Feb 7, 2024

In Forma Pauperis Application Standards under 42 U.S.C. § 1983: Gibbs v. Jackson et al. Introduction Larry Donnell Gibbs, the plaintiff-appellant, initiated a pro se civil rights lawsuit under 42...

Government's Breach of Plea Agreement: Impact on Sentencing Fairness

Date: Feb 7, 2024

Government's Breach of Plea Agreement: Impact on Sentencing Fairness Introduction The case of United States of America v. Shawn Malmquist (92 F.4th 555) adjudicated by the United States Court of...

Affirmation of Dismissal under Rule 12(b)(6) for Pro Se Plaintiff: Willis v. Western Power Sports

Date: Feb 7, 2024

Affirmation of Dismissal under Rule 12(b)(6) for Pro Se Plaintiff: Willis v. Western Power Sports Introduction The case of Marcus L. Willis v. Western Power Sports, Incorporated was heard in the...

RLUIPA and Individual Liability: Insights from Landor v. Louisiana Department of Corrections

Date: Feb 6, 2024

RLUIPA and Individual Liability: Insights from Landor v. Louisiana Department of Corrections Introduction Landor v. Louisiana Department of Corrections and Public Safety is a pivotal case that...

Impact of §403 of the First Step Act on Post-Enactment Resentencings: United States v. Duffey et al.

Date: Feb 3, 2024

Impact of §403 of the First Step Act on Post-Enactment Resentencings: United States v. Duffey et al. Introduction In the landmark case United States of America v. Corey Deyon Duffey; Jarvis Dupree...