5th Circuit Case Commentaries

Reaffirming Humphrey's Executor Exception: CPSC's Agency Structure Upheld

Date: Jan 18, 2024

Reaffirming Humphrey's Executor Exception: CPSC's Agency Structure Upheld Introduction In the case of Consumers' Research; By Two, L.P. v. Consumer Product Safety Commission, the United States Court...

Affirmation of Qualified Immunity Based on Uncontradicted Bodycam Footage in Shandra Hodge v. Engleman & Litvin

Date: Jan 17, 2024

Affirmation of Qualified Immunity Based on Uncontradicted Bodycam Footage in Shandra Hodge v. Engleman & Litvin Introduction The case of Shandra Hodge, Individually and as the surviving mother of...

Fifth Circuit Clarifies Threshold for Rhines Stay in Capital Cases: Upholding Denial for Procedurally Defaulted Wiggins IATC Claims

Date: Jan 17, 2024

Fifth Circuit Clarifies Threshold for Rhines Stay in Capital Cases: Upholding Denial for Procedurally Defaulted Wiggins IATC Claims Introduction In the case of Chuong Duong Tong v. Bobby Lumpkin, the...

5th Circuit Expands Interpretation of 'System Failure' in Cyber Risk Insurance Policies

Date: Jan 17, 2024

5th Circuit Expands Interpretation of 'System Failure' in Cyber Risk Insurance Policies Introduction In the landmark case Southwest Airlines Company v. Liberty Insurance Underwriters, Incorporated,...

Affirmation of Summary Judgment in Cotton v. Galveston County: High Bar for Deliberate Indifference in Pretrial Detainee Medical Care

Date: Jan 13, 2024

Affirmation of Summary Judgment in Cotton v. Galveston County: High Bar for Deliberate Indifference in Pretrial Detainee Medical Care Introduction The case of Kelly Stevenson-Cotton; Estate of Ronald...

Affirmation of Texas Constitution's Ban on Gratuitous Municipal Gifts in Commercial Contracts: Analysis of American Precision Ammunition v. City of Mineral Wells

Date: Jan 13, 2024

Affirmation of Texas Constitution's Ban on Gratuitous Municipal Gifts in Commercial Contracts: Analysis of American Precision Ammunition v. City of Mineral Wells Introduction In the landmark case of...

Fifth Circuit Affirms Aggregation of Foreign and Federal Sentences Affecting First Step Act Eligibility

Date: Jan 13, 2024

Fifth Circuit Affirms Aggregation of Foreign and Federal Sentences Affecting First Step Act Eligibility Introduction The case of Jaime Antonio Martinez v. FNU Rosalez addresses the intersection of...

Affirmation of Dismissal Upholds Validity of Diminished Value Exclusions in Mississippi Uninsured Motorist Policies

Date: Jan 13, 2024

Affirmation of Dismissal Upholds Validity of Diminished Value Exclusions in Mississippi Uninsured Motorist Policies Introduction In the case of Kenan Watkins v. Allstate Property & Casualty Insurance...

Establishing the Primacy of Oral Sentencing Pronouncements Over Written Judgments: United States v. Salinas De Leon

Date: Jan 13, 2024

Establishing the Primacy of Oral Sentencing Pronouncements Over Written Judgments: United States v. Salinas De Leon Introduction The case of United States of America v. Frances Salinas De Leon...

Fifth Circuit Certifies Key Questions on Mineral Royalty Calculations to the Supreme Court of Texas

Date: Jan 13, 2024

Fifth Circuit Certifies Key Questions on Mineral Royalty Calculations to the Supreme Court of Texas Introduction In the appellate case Carl and White Trust v. Hilcorp Energy Company, the United...

Maritime Jurisdiction Clarified: Fifth Circuit Reverses District Court in Palfinger Marine USA, Inc. v. Jeremy Earnest

Date: Jan 12, 2024

Maritime Jurisdiction Clarified: Fifth Circuit Reverses District Court in Palfinger Marine USA, Inc. v. Jeremy Earnest Introduction The case of Jeremy Earnest Plaintiff v. Palfinger Marine USA, Inc.,...

Role of Agency Expertise and Judicial Deference Confirmed in EPA's SO₂ Nonattainment Designations

Date: Jan 12, 2024

Role of Agency Expertise and Judicial Deference Confirmed in EPA's SO₂ Nonattainment Designations Introduction This commentary examines the United States Court of Appeals, Fifth Circuit's decision in...

Fifth Circuit Denies Qualified Immunity in Excessive Force Claim: Bagley v. Guillen Establishes Clear Standards for Use of Force During Compliance

Date: Jan 11, 2024

Fifth Circuit Denies Qualified Immunity in Excessive Force Claim: Bagley v. Guillen Establishes Clear Standards for Use of Force During Compliance Introduction In the case of Akeem Bagley v. Rudy...

Affirmation of the Carr Factors in Denying Withdrawal of Guilty Plea Amid Claims of Ineffective Assistance of Counsel

Date: Jan 11, 2024

Affirmation of the Carr Factors in Denying Withdrawal of Guilty Plea Amid Claims of Ineffective Assistance of Counsel Introduction In the case United States of America v. Travis R. James, decided on...

National Press Photographers Association v. McCraw: Upholding State Drone Regulations Against Facial First Amendment Challenges

Date: Jan 11, 2024

National Press Photographers Association v. McCraw: Upholding State Drone Regulations Against Facial First Amendment Challenges Introduction The case of National Press Photographers Association;...

Affirmation of Employer's Duty: Employer Knowledge and Remedial Action Under Title VII in Johnson v. LSU Health Sciences Center

Date: Jan 9, 2024

Affirmation of Employer's Duty: Employer Knowledge and Remedial Action Under Title VII in Johnson v. LSU Health Sciences Center Introduction In the case of Carolyn Johnson v. Board of Supervisors of...

Affirmation of Full-Payment Requirement in IRS Refund Suits: Chaisson v. United States

Date: Jan 9, 2024

Affirmation of Full-Payment Requirement in IRS Refund Suits: Chaisson v. United States Introduction In the appellate case Dennis J. Chaisson; Lisa M. Bulthaup v. United States of America, the United...

DOE's Repeal of Short-Cycle Appliance Standards Deemed Arbitrary and Capricious by Fifth Circuit

Date: Jan 9, 2024

DOE's Repeal of Short-Cycle Appliance Standards Deemed Arbitrary and Capricious by Fifth Circuit Introduction In the seminal case of State of Louisiana; State of Alabama; State of Arkansas; State of...

Deliberate Indifference to Medical Needs in Detention: Ford v. Anderson County Establishes New Precedent

Date: Jan 9, 2024

Deliberate Indifference to Medical Needs in Detention: Ford v. Anderson County Establishes New Precedent Introduction In the landmark case of Amber Ford; Regan Kimbrough; Donald Newsome,...

Res Judicata and Vexatious Litigation in §1915A Claims: Analysis of Welsh v. Lamb County

Date: Jan 9, 2024

Res Judicata and Vexatious Litigation in §1915A Claims: Analysis of Welsh v. Lamb County Introduction The case of Lonnie Kade Welsh v. Lamb County, Texas addresses significant legal issues pertaining...