5th Circuit Case Commentaries

Demonstrating Hostile Work Environment and Constructive Discharge Requires Pervasive and Severe Conduct: Allen v. Our Lady of the Lake Hospital

Date: May 6, 2023

Demonstrating Hostile Work Environment and Constructive Discharge Requires Pervasive and Severe Conduct: Allen v. Our Lady of the Lake Hospital Introduction In the case of Vanoy Allen vs. Our Lady of...

Fifth Circuit Establishes Irreparable Harm Standard in DOL Tipped Employee Regulation Case

Date: Apr 29, 2023

Fifth Circuit Establishes Irreparable Harm Standard in DOL Tipped Employee Regulation Case Introduction The Restaurant Law Center and the Texas Restaurant Association ("Plaintiffs") appealed the...

Affirmation of the Person Aggrieved Test in Bankruptcy Appeals

Date: Apr 29, 2023

Affirmation of the Person Aggrieved Test in Bankruptcy Appeals Introduction In the landmark case In the Matter of Salubrio, L.L.C. Debtor, v. Eric Terry, Chapter 7 Trustee, the United States Court of...

Prosecutorial Discretion and Finality in NLRB Proceedings: Insights from United Natural Foods v. NLRB

Date: Apr 25, 2023

Prosecutorial Discretion and Finality in NLRB Proceedings: Insights from United Natural Foods v. NLRB Introduction The case of United Natural Foods, Incorporated (UNFI) versus the National Labor...

Qualified Immunity Affirmed for Law Enforcement Officers in Floyd Wallace Case

Date: Apr 15, 2023

Qualified Immunity Affirmed for Law Enforcement Officers in Floyd Wallace Case Introduction In the case of Floyd Wallace v. Heather Taylor et al., the United States Court of Appeals for the Fifth...

Fifth Circuit Clarifies Qualified Immunity and Excessive Force Standards in Allen v. Hayes

Date: Apr 15, 2023

Fifth Circuit Clarifies Qualified Immunity and Excessive Force Standards in Allen v. Hayes Introduction In the landmark case of John Allen, Jr. v. Justin Hayes et al., the United States Court of...

Affirmation of Standing in Challenges to Anti-BDS Legislation: Abdullah v. Paxton & Hegar

Date: Apr 12, 2023

Affirmation of Standing in Challenges to Anti-BDS Legislation: Abdullah v. Paxton & Hegar Introduction In the case of Haseeb Abdullah, Plaintiff-Appellant, v. Ken Paxton; Glenn Hegar,...

Reversal of Summary Judgment in Disability and Age Discrimination Claims: Spears v. Louisiana College

Date: Apr 7, 2023

Reversal of Summary Judgment in Disability and Age Discrimination Claims: Spears v. Louisiana College Introduction In the case of Carolyn D. Spears v. Louisiana College, the United States Court of...

Reaffirming Duty to Warn in Open and Obvious Hazard Cases: Dougay v. Dollar General

Date: Apr 6, 2023

Reaffirming Duty to Warn in Open and Obvious Hazard Cases: Dougay v. Dollar General Introduction The case of Jill Trahan Dougay v. Dolgencorp of Texas, Inc., doing business as Dollar General...

Affirmation of Qualified Immunity for School Officials in Off-Campus Student Speech Regulation

Date: Apr 1, 2023

Affirmation of Qualified Immunity for School Officials in Off-Campus Student Speech Regulation Introduction In the case of Bronson McClelland v. Katy Independent School District et al. (63 F.4th 996,...

Equitable Tolling in Employment Discrimination Cases: Insights from Bernstein v. Maximus Federal Services

Date: Mar 31, 2023

Equitable Tolling in Employment Discrimination Cases: Insights from Bernstein v. Maximus Federal Services Introduction The landmark case of Kevin Bernstein v. Maximus Federal Services, Incorporated...

Affirmation of Drug Conspiracy Conviction in Pill Mill Operation

Date: Mar 31, 2023

Affirmation of Drug Conspiracy Conviction in Pill Mill Operation Introduction In the case of United States of America v. Christopher Kalejaiye Ajayi, adjudicated by the United States Court of Appeals...

Affirmation of Qualified Immunity in Prisoners' Eighth Amendment Claims: Rogers v. Jarrett et al.

Date: Mar 31, 2023

Affirmation of Qualified Immunity in Prisoners' Eighth Amendment Claims: Rogers v. Jarrett et al. Introduction Rogers v. Jarrett et al. (63 F.4th 971, 2023) is a pivotal case in the realm of...

Affirmation of Denial of Compassionate Release: United States v. McMaryion

Date: Mar 29, 2023

Affirmation of Denial of Compassionate Release: United States v. McMaryion Introduction United States of America v. Jeffrey Allan McMaryion, 64 F.4th 257 (5th Cir. 2023), is a pivotal decision...

Pre-Enforcement Challenges to Executive Vaccine Mandates Remain Within Federal Court Jurisdiction: 5th Circuit Decision

Date: Mar 24, 2023

Pre-Enforcement Challenges to Executive Vaccine Mandates Remain Within Federal Court Jurisdiction: 5th Circuit Decision Introduction In Feds for Medical Freedom v. Biden, 63 F.4th 366 (5th Cir....

Fifth Circuit Clarifies Burden-Shifting in Federal ADEA Age Discrimination and Retaliation Claims

Date: Mar 22, 2023

Fifth Circuit Clarifies Burden-Shifting in Federal ADEA Age Discrimination and Retaliation Claims Introduction In the case of Anastasia Nedd Allen v. United States Postal Service, decided by the...

5th Circuit Upholds Mandatory Minimum and Strict Safety-Valve Eligibility in United States v. Montero

Date: Mar 9, 2023

5th Circuit Upholds Mandatory Minimum and Strict Safety-Valve Eligibility in United States v. Montero Introduction In the case of United States of America v. Antonio Montero, 5th Circuit Court of...

Fifth Circuit Overturns §922(g)(8): A New Second Amendment Precedent

Date: Mar 3, 2023

Fifth Circuit Overturns §922(g)(8): A New Second Amendment Precedent Introduction In the landmark case United States of America v. Zackey Rahimi, the United States Court of Appeals for the Fifth...

Fifth Circuit Reinforces Strict Pleading Standards for §1983 Malicious Prosecution Claims

Date: Feb 16, 2023

Fifth Circuit Reinforces Strict Pleading Standards for §1983 Malicious Prosecution Claims Introduction In the landmark case of Andrea Armstrong, Executrix of the Estate of Glenn Ford v. Various...

Affirmation of Summary Judgment in §1983 Prisoner Suicide Case: Implications and Legal Analysis

Date: Feb 11, 2023

Affirmation of Summary Judgment in §1983 Prisoner Suicide Case: Implications and Legal Analysis Introduction In the appellate case of Brittany Guillot v. Jay Russell et al., the United States Court...