5th Circuit Case Commentaries

Reaffirmation of Strict Criteria for Compassionate Release: United States of America v. Lawrence Stowe

Date: Sep 26, 2019

Reaffirmation of Strict Criteria for Compassionate Release: United States of America v. Lawrence Stowe Introduction The case of United States of America v. Lawrence Stowe adjudicated by the United...

Affirmation of Dismissal in Walker & Haynes v. Beaumont ISD: Enforcing Pleading Standards and Immunity Protections

Date: Sep 19, 2019

Affirmation of Dismissal in Walker & Haynes v. Beaumont ISD: Enforcing Pleading Standards and Immunity Protections Introduction In the case of Calvin Gary Walker; Walker's Electric; Jessie Haynes,...

Borrowed Servant Doctrine in Workers' Compensation: Mays v. Huntington Ingalls, Inc.

Date: Sep 12, 2019

Borrowed Servant Doctrine in Workers' Compensation: Mays v. Huntington Ingalls, Inc. Introduction Mays v. Huntington Ingalls, Inc. (938 F.3d 637, 5th Cir. 2019) addresses significant issues under the...

Retaliation Under the False Claims Act: Garcia v. Professional Contract Services, Inc.

Date: Sep 12, 2019

Retaliation Under the False Claims Act: Esteban Garcia v. Professional Contract Services, Inc. Introduction In the landmark case of Esteban Garcia v. Professional Contract Services, Incorporated, 938...

Strengthening the Standards for “Particular Social Group” in Asylum Claims: Gonzales-Veliz v. Barr

Date: Sep 11, 2019

Strengthening the Standards for “Particular Social Group” in Asylum Claims: Gonzales-Veliz v. Barr Introduction The case Maria Suyapa Gonzales-Veliz v. William P. Barr (No. 18-60174, 938 F.3d 219,...

Clarifying the Scope of COV: Impact of Davis on § 924(c) Residual Clause

Date: Sep 10, 2019

Clarifying the Scope of COV: Impact of Davis on § 924(c) Residual Clause Introduction The case of United States of America v. Antonyo Reece (938 F.3d 630) addresses significant constitutional...

Enforcement of Arbitration Agreements and Unconscionability under Texas Law

Date: Sep 5, 2019

Enforcement of Arbitration Agreements and Unconscionability under Texas Law Introduction The case of Jesus Maravilla v. Gruma Corporation addresses the enforceability of arbitration agreements within...

United States v. Pervis and Gray: Affirmation of Bank Robbery as a 'Crime of Violence' under 18 U.S.C. §2113(a) and Implications for Sentencing under §924(c)

Date: Aug 31, 2019

United States v. Pervis and Gray: Affirmation of Bank Robbery as a 'Crime of Violence' under 18 U.S.C. §2113(a) and Implications for Sentencing under §924(c) Introduction In the case of United States...

Jones v. United States: Affirmation of Summary Judgment in Maritime Negligence Case

Date: Aug 29, 2019

Jones v. United States: Affirmation of Summary Judgment in Maritime Negligence Case Introduction In the case of Wilfred Jones v. United States of America, decided on August 28, 2019, the United...

Clarifying Standing Requirements in Equal Protection Claims: Stallworth v. Governor Bryant et al.

Date: Aug 22, 2019

Clarifying Standing Requirements in Equal Protection Claims: Stallworth v. Governor Bryant et al. Introduction The case Jeffery A. Stallworth, Plaintiff, v. Governor Dewey Phillip "Phil" Bryant; et...

Cole v. Carson: Defining the Boundaries of Qualified Immunity in Police Use of Deadly Force

Date: Aug 21, 2019

Cole v. Carson: Defining the Boundaries of Qualified Immunity in Police Use of Deadly Force Introduction The case of Cole v. Carson (935 F.3d 444) presents a critical examination of the doctrine of...

Accrual of § 1983 Claims in False Arrest and Wrongful Detention: Insights from Roberto Garcia v. San Antonio

Date: Aug 20, 2019

Accrual of § 1983 Claims in False Arrest and Wrongful Detention: Insights from Roberto Garcia v. San Antonio Introduction The case of Roberto Garcia v. San Antonio addresses critical issues...

Martinez v. Walgreens: Establishing the Limits of Pharmacists' Duty of Care to Third Parties in Texas

Date: Aug 17, 2019

Martinez v. Walgreens: Establishing the Limits of Pharmacists' Duty of Care to Third Parties in Texas Introduction Martinez v. Walgreens is a pivotal case adjudicated by the United States Court of...

Affirmation of Summary Judgment in ADEA Age Discrimination Case: McMichael v. Transocean

Date: Aug 14, 2019

Affirmation of Summary Judgment in ADEA Age Discrimination Case: McMichael v. Transocean Introduction In the case of Robert McMichael, Plaintiff-Appellant v. Transocean Offshore Deepwater Drilling,...

Reaffirming Jurisdictional Standards in Immigration Proceedings: United States v. Carlos Pedroza-Rocha

Date: Aug 9, 2019

Reaffirming Jurisdictional Standards in Immigration Proceedings: United States v. Carlos Pedroza-Rocha Introduction The case of United States of America v. Carlos Pedroza-Rocha (933 F.3d 490)...

Limits on Resentencing Authority Under the First Step Act: Insights from United States v. Hegwood

Date: Aug 9, 2019

Limits on Resentencing Authority Under the First Step Act: Insights from United States v. Hegwood Introduction United States of America v. Michael Dewayne Hegwood, 934 F.3d 414 (5th Cir. 2019),...

Affirmation of Summary Judgment in Pregnancy Discrimination Case: Santos v. Wincor Nixdorf

Date: Aug 8, 2019

Insufficient Evidence for Prima Facie Pregnancy Discrimination: Santos v. Wincor Nixdorf Introduction The case of Michelle Santos v. Wincor Nixdorf, Incorporated presents a significant examination of...

Final Agency Action and APA Compliance: Insights from Texas v. EEOC (933 F.3d 433)

Date: Aug 7, 2019

Final Agency Action and APA Compliance: Insights from Texas v. EEOC (933 F.3d 433) Introduction Case: State of Texas v. Equal Employment Opportunity Commission (EEOC) and Others Court: United States...

Limits on Bivens Actions in Federal Law Enforcement Operations: Cantu v. Moody et al.

Date: Aug 6, 2019

Limits on Bivens Actions in Federal Law Enforcement Operations: Cantu v. Moody et al. Introduction Cantu v. Moody et al., 933 F.3d 414 (5th Cir. 2019), addresses the scope of Bivens actions against...

Expanding Equitable Tolling in Federal Habeas Corpus: Jackson v. Davis

Date: Aug 3, 2019

Expanding Equitable Tolling in Federal Habeas Corpus: Jackson v. Davis, 933 F.3d 408 Introduction Jackson v. Davis, decided by the United States Court of Appeals for the Fifth Circuit on August 2,...

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