5th Circuit Case Commentaries

5th Circuit Rules Repeal of Limited Public Forum's Exhibit Rule Renders Free Speech Case Moot

Date: Jan 28, 2023

5th Circuit Rules Repeal of Limited Public Forum's Exhibit Rule Renders Free Speech Case Moot Introduction The case of Freedom From Religion Foundation, Inc. v. Greg Abbott examines the intersection...

Employer's Prompt Remedial Action Shields from Title VII Hostile Work Environment Liability

Date: Jan 19, 2023

Employer's Prompt Remedial Action Shields from Title VII Hostile Work Environment Liability Introduction The case of Brittany Hudson v. Lincare, Incorporated (58 F.4th 222), adjudicated by the United...

Affirmation of Social Security Disability Denial: Miller v. Kijakazi Establishes Standards for ALJ Evaluations

Date: Jan 19, 2023

Affirmation of Social Security Disability Denial: Miller v. Kijakazi Establishes Standards for ALJ Evaluations Introduction In Michele Miller, Plaintiff-Appellant v. Kilolo Kijakazi, Acting...

Clarifying the Scope of Compassionate Release under 18 U.S.C. § 3582(c)(1): The Escajeda Decision

Date: Jan 18, 2023

Clarifying the Scope of Compassionate Release under 18 U.S.C. § 3582(c)(1): The Escajeda Decision Introduction In the case of United States of America v. Michael Anthony Escajeda, the United States...

Fifth Circuit Excludes Bump Stocks from 'Machinegun' Definition, Reinforcing Rule of Lenity

Date: Jan 7, 2023

Fifth Circuit Excludes Bump Stocks from 'Machinegun' Definition, Reinforcing Rule of Lenity Introduction The case of Michael Cargill v. Merrick Garland et al., decided by the United States Court of...

ACTGC v. New Orleans Archdiocesan Cemeteries: A Landmark Decision on Mootness and Market Definition in Antitrust Law

Date: Jan 7, 2023

ACTGC v. New Orleans Archdiocesan Cemeteries: A Landmark Decision on Mootness and Market Definition in Antitrust Law Introduction In the case of New Orleans Association of Cemetery Tour Guides and...

FasciaBlaster Fraud Litigation: Fifth Circuit Establishes Rigorous Standards for Class Action Certification and Enhanced Pleading Requirements

Date: Jan 6, 2023

FasciaBlaster Fraud Litigation: Fifth Circuit Establishes Rigorous Standards for Class Action Certification and Enhanced Pleading Requirements Introduction In the case of Emily Elson et al. v. Ashley...

Wallace v. Performance Contractors: Enhancing Protections Against Workplace Discrimination and Harassment

Date: Jan 4, 2023

Wallace v. Performance Contractors: Enhancing Protections Against Workplace Discrimination and Harassment Introduction The case of Magan Wallace v. Performance Contractors, Incorporated, adjudicated...

Fifth Circuit Reverses on Fourth Amendment Excessive Force Claim Against Individual Officer in Vardeman v. City of Houston

Date: Dec 22, 2022

Fifth Circuit Reverses on Fourth Amendment Excessive Force Claim Against Individual Officer in Vardeman v. City of Houston Introduction In Vardeman v. City of Houston, 55 F.4th 1045 (2022), the...

Affirmation of Sentencing Enhancements under 18 U.S.C. § 922(n) in United States v. Avila

Date: Dec 22, 2022

Affirmation of Sentencing Enhancements under 18 U.S.C. § 922(n) in United States v. Avila Introduction United States of America v. Samuel Jesus Avila, adjudicated by the United States Court of...

Affirmation of Preliminary Injunction Against Executive Order 14042 in State of Louisiana, Indiana, & Mississippi v. Biden

Date: Dec 20, 2022

Affirmation of Preliminary Injunction Against Executive Order 14042 in State of Louisiana, Indiana, & Mississippi v. Biden Introduction In the landmark case of State of Louisiana; State of Indiana;...

Rights of Intervention in Electric Transmission Regulatory Challenges: NextEra Energy Capital Holdings v. PUC of Texas

Date: Dec 8, 2022

Rights of Intervention in Electric Transmission Regulatory Challenges: NextEra Energy Capital Holdings v. Public Utility Commission of Texas Introduction The case of NextEra Energy Capital Holdings,...

Fifth Circuit Affirms CCR Due Process Dismissals, Remands Injunctive Relief in Escobarrivera v. Whitaker

Date: Dec 2, 2022

Fifth Circuit Affirms CCR Due Process Dismissals, Remands Injunctive Relief in Escobarrivera v. Whitaker Introduction The case of Renil Escobarrivera, Plaintiff-Appellant, versus various officials...

Qualified Immunity Adjudication Must Occur at Earliest Stage: Fifth Circuit Sets New Precedent

Date: Dec 1, 2022

Qualified Immunity Adjudication Must Occur at Earliest Stage: Fifth Circuit Sets New Precedent Introduction In the landmark case of Gwendolyn Carswell v. George A. Camp, adjudicated by the United...

Seville v. Maersk Line: Fifth Circuit Reinforces Strict Personal Jurisdiction and Venue Standards

Date: Nov 19, 2022

Seville v. Maersk Line: Fifth Circuit Reinforces Strict Personal Jurisdiction and Venue Standards Introduction The case of Stacy Seville, as Personal Representative of Peter Wojcikowski v. Maersk...

Barcenas-Rumualdo: Fifth Circuit Affirms §1326’s Constitutionality and Revises Supervised Release Sentencing

Date: Nov 19, 2022

Barcenas-Rumualdo: Fifth Circuit Affirms §1326’s Constitutionality and Revises Supervised Release Sentencing Introduction In United States of America v. Yobani Barcenas-Rumualdo, the United States...

Qualified Immunity Affirmed in Foley Bey v. Prator Establishes Clear Standards for Police Conduct

Date: Nov 18, 2022

Qualified Immunity Affirmed in Foley Bey v. Prator Establishes Clear Standards for Police Conduct Introduction The case of Rene Joseph Foley Bey and Julia Mae Foley Bey v. Steve Prator et al. (53...

Affirmation of Denied Compassionate Release: Balancing Public Safety and Humane Considerations

Date: Nov 18, 2022

Affirmation of Denied Compassionate Release: Balancing Public Safety and Humane Considerations Introduction The case of United States of America v. Terrence Rollins, 53 F.4th 353 (2022), presents a...

Limits on Federal Commerce Power Affirmed in United States v. Seekins

Date: Nov 12, 2022

Limits on Federal Commerce Power Affirmed in United States v. Seekins Introduction United States v. Joshua Seekins, 52 F.4th 988 (5th Cir. 2022), is a significant case that addresses the extent of...

5th Circuit Reaffirms Rational Basis for Local Disaster Declarations Limiting Hotel Operations during COVID-19

Date: Nov 9, 2022

5th Circuit Reaffirms Rational Basis for Local Disaster Declarations Limiting Hotel Operations during COVID-19 Introduction In the landmark case of J. P. Bryan et al. v. County Judge Eleazar R. Cano,...