5th Circuit Case Commentaries

Liggins v. Duncanville: Deliberate Indifference and Police Conduct in Mental Health Crises

Date: Nov 8, 2022

Liggins v. Duncanville: Deliberate Indifference and Police Conduct in Mental Health Crises Introduction In the landmark case of Lou Liggins, Plaintiff-Appellant, v. Duncanville, Texas; Nathan Roach,...

Mandatory Minimums and the Safety Valve: Fifth Circuit Clarifies Eligibility under 18 U.S.C. §3553(f)(1)

Date: Nov 3, 2022

Mandatory Minimums and the Safety Valve: Fifth Circuit Clarifies Eligibility under 18 U.S.C. §3553(f)(1) Introduction United States of America v. Nonami Palomares, 52 F.4th 640 (5th Cir. 2022),...

Ensuring Judicial Discretion: Mandamus Denied in Planned Parenthood’s Motion to Transfer Venue

Date: Nov 1, 2022

Ensuring Judicial Discretion: Mandamus Denied in Planned Parenthood’s Motion to Transfer Venue Introduction The case, In re Planned Parenthood Federation of America, Incorporated et al., decided by...

Complete Diversity Requirement Affirmed in Removal Actions: In re Calvin Levy

Date: Oct 27, 2022

Complete Diversity Requirement Affirmed in Removal Actions: In re Calvin Levy Introduction In re: Calvin Levy, 52 F.4th 244 (5th Cir. 2022), addresses the critical aspects of removal jurisdiction...

Affirmation of Federal Agent Impersonation Conviction and Clarification on Sentencing Guidelines Cross-Referencing

Date: Oct 26, 2022

Affirmation of Federal Agent Impersonation Conviction and Clarification on Sentencing Guidelines Cross-Referencing Introduction In the case of United States of America v. Jonathan Jefferson Ferris,...

Separation of Powers and Appropriations Clause: Fifth Circuit Reverses CFPB's Payday Lending Rule

Date: Oct 20, 2022

Separation of Powers and Appropriations Clause: Fifth Circuit Reverses CFPB's Payday Lending Rule Introduction In the landmark case Community Financial Services Association of America, Limited;...

Affirmation of Qualified Immunity in Use-of-Force Tasering: Henderson v. Harris County

Date: Oct 13, 2022

Affirmation of Qualified Immunity in Use-of-Force Tasering: Henderson v. Harris County Introduction The case of Jean Henderson; Christopher Devonte Henderson, Plaintiffs-Appellants, v. Harris County,...

Deliberate Indifference in Prison Medical Care: Smith v. Linthicum

Date: Oct 13, 2022

Deliberate Indifference in Prison Medical Care: Smith v. Linthicum Introduction Smith v. Linthicum is a significant case adjudicated by the United States Court of Appeals for the Fifth Circuit on...

Fifth Circuit Recognizes Implied-In-Fact Educational Contracts in Pandemic Response: Jones v. Tulane University

Date: Oct 12, 2022

Fifth Circuit Recognizes Implied-In-Fact Educational Contracts in Pandemic Response: Jones v. Tulane University Introduction In the landmark case of Sylvia Jones, on behalf of herself and all others...

Fifth Circuit Reaffirms DACA Violations of APA, Mandates District Court Remand

Date: Oct 6, 2022

Fifth Circuit Reaffirms DACA Violations of APA, Mandates District Court Remand Introduction The case State of Texas et al. v. United States of America addresses the legality of the Deferred Action...

Revisiting Diversity Jurisdiction: The Impact of Improper Joinder in Advanced Indicator v. Acadia Insurance

Date: Oct 4, 2022

Revisiting Diversity Jurisdiction: The Impact of Improper Joinder in Advanced Indicator v. Acadia Insurance Introduction The case of Advanced Indicator and Manufacturing, Incorporated v. Acadia...

Qualified Immunity and Excessive Force: Fifth Circuit Clarifies Standards in Traffic Stop Incident

Date: Oct 1, 2022

Qualified Immunity and Excessive Force: Fifth Circuit Clarifies Standards in Traffic Stop Incident Introduction In the landmark case of De'On L. Crane v. City of Arlington (50 F.4th 453, 2022), the...

Standing in Contract and Tort Claims: Denning v. AIS Healthcare

Date: Oct 1, 2022

Standing in Contract and Tort Claims: Denning v. AIS Healthcare Introduction The case of Randy Denning v. Bond Pharmacy, Incorporated, d.b.a. Advanced Infusion Care, Advanced Infusion Solutions, and...

Affirmation of Summary Judgment in Title VII Pregnancy Discrimination Case and Strict Limits on Late FLSA Claims Under the Fifth Circuit

Date: Sep 29, 2022

Affirmation of Summary Judgment in Title VII Pregnancy Discrimination Case and Strict Limits on Late FLSA Claims Under the Fifth Circuit Introduction In the landmark case Bailie Bye v. MGM Resorts...

Direct Physical Loss in Insurance Policies: Insights from Coleman E. Adler & Sons v. Axis Surplus Insurance Company

Date: Sep 21, 2022

Direct Physical Loss in Insurance Policies: Insights from Coleman E. Adler & Sons v. Axis Surplus Insurance Company Introduction The case Coleman E. Adler & Sons, L.L.C.; Royal Cloud Nine, L.L.C.;...

State Sovereign Immunity Extends to Third-Party Subpoenas: Russell v. Judges

Date: Sep 20, 2022

State Sovereign Immunity Extends to Third-Party Subpoenas: Russell v. Judges Introduction In Russell et al. v. Judges et al. (49 F.4th 507, 2022), the United States Court of Appeals for the Fifth...

Reaffirming Common Carrier Regulation: First Amendment Analysis in NetChoice v. Texas

Date: Sep 17, 2022

Reaffirming Common Carrier Regulation: First Amendment Analysis in NetChoice v. Texas Introduction The case of NetChoice, L.L.C. and Computer Communications Industry Association (CCIA) v. Ken Paxton,...

Qualified Immunity Reinforced: Fifth Circuit Upholds Officer Martin's Use of Force

Date: Sep 9, 2022

Qualified Immunity Reinforced: Fifth Circuit Upholds Officer Martin's Use of Force Introduction In the landmark decision of Jacqueline Craig et al. v. William D. Martin, the United States Court of...

Limits of Permit Officer Authority and Qualified Immunity: Insights from Sweetin v. Texas City

Date: Sep 3, 2022

Limits of Permit Officer Authority and Qualified Immunity: Insights from Sweetin v. Texas City Introduction The case of Sweetin; Rebecca Foster v. City of Texas City, Texas; Wendell Wylie (48 F.4th...

Balancing Medicaid Cost Caps and Disability Rights: Harrison v. Young Establishes Limits on Community-Based Care Mandates

Date: Sep 1, 2022

Balancing Medicaid Cost Caps and Disability Rights: Harrison v. Young Establishes Limits on Community-Based Care Mandates Introduction Harrison v. Young, 48 F.4th 331 (2022), is a pivotal case...