5th Circuit Case Commentaries

Implications of Sammie Lee Ford Jr. v. Lorie Davis: Presumption of Correctness in Habeas Corpus Claims

Date: Dec 12, 2018

Implications of Sammie Lee Ford Jr. v. Lorie Davis: Presumption of Correctness in Habeas Corpus Claims Introduction Sammie Lee Ford Jr., Petitioner-Appellant, v. Lorie Davis, Director, Texas...

Substantial Evidence and Residual Functional Capacity in Social Security Appeals: Insights from Winston v. Berryhill

Date: Dec 5, 2018

Substantial Evidence and Residual Functional Capacity in Social Security Appeals: Insights from Winston v. Berryhill Introduction Winston v. Berryhill is a significant appellate decision from the...

Delaughter v. Woodall and Hatten: Strengthening Eighth Amendment Protections and Revisiting Sovereign Immunity in Correctional Healthcare

Date: Nov 20, 2018

Delaughter v. Woodall and Hatten: Strengthening Eighth Amendment Protections and Revisiting Sovereign Immunity in Correctional Healthcare Introduction In the landmark case Thad Everett Delaughter v....

Obligation to Correct Mailing Address Essential for Receipt of Removal Notices: Mauricio-Benitez v. Sessions

Date: Nov 9, 2018

Obligation to Correct Mailing Address Essential for Receipt of Removal Notices: Mauricio-Benitez v. Sessions Introduction Roberto Enrique Mauricio-Benitez, also known as Roberto Sanchez-Fajardo, a...

Affirmation of Jurisdictional Limits in Successive §2255 and Rule 59(e) Motions: United States v. McDaniels

Date: Oct 27, 2018

Affirmation of Jurisdictional Limits in Successive §2255 and Rule 59(e) Motions: United States v. McDaniels Introduction In the case of United States of America v. Andre McDaniels, 907 F.3d 366 (5th...

Realignment and Diversity Jurisdiction in Ashford v. Aeroframe Services, LLC

Date: Oct 27, 2018

Realignment and Diversity Jurisdiction in Ashford v. Aeroframe Services, LLC Introduction The case of Michael Ashford, Plaintiff-Appellant Cross-Appellee v. Aeroframe Services, L.L.C.,...

Establishing Limits on Expert Testimony in Products Liability: The Fifth Circuit’s Decision in Sandifer v. Hoyt Archery

Date: Oct 25, 2018

Establishing Limits on Expert Testimony in Products Liability: The Fifth Circuit’s Decision in Sandifer v. Hoyt Archery Introduction The case of Mary Sandifer; Amanda Sandifer; Ryan Sandifer v. Hoyt...

Actual Innocence Gateway under Schlup: Hancock v. Davis

Date: Oct 24, 2018

Actual Innocence Gateway under Schlup: Hancock v. Davis Introduction The case Jamal Martinez Hancock v. Lorie Davis ([906 F.3d 387](https://cite.case.law/f3d/906/387/)) adjudicated by the United...

Abuse of Trust and Sophisticated Means in Bank Fraud: Analysis of United States v. Dana Kay Miller

Date: Oct 19, 2018

Abuse of Trust and Sophisticated Means in Bank Fraud: Analysis of United States v. Dana Kay Miller Introduction The case of United States of America v. Dana Kay Miller, 906 F.3d 373 (5th Cir. 2018),...

Affirmation of Dismissal in Allen v. Walmart: Clarifying Negligence and Premises Liability under Texas Law

Date: Oct 17, 2018

Affirmation of Dismissal in Allen v. Walmart: Clarifying Negligence and Premises Liability under Texas Law Introduction In the case of Deleese Allen v. Walmart Stores, L.L.C., decided on October 16,...

Dismissal of YARLS v. BUNTON as Moot Due to Legislative Funding Changes

Date: Oct 5, 2018

Dismissal of YARLS v. BUNTON as Moot Due to Legislative Funding Changes Introduction The case of Darwin Yarls, Jr., Leroy Shaw, Jr., and Douglas Brown, on Behalf of Themselves and All Others...

Fifth Circuit Upholds Mandatory Arbitration and Finality of Dismissals for Non-Compliance

Date: Sep 28, 2018

Fifth Circuit Upholds Mandatory Arbitration and Finality of Dismissals for Non-Compliance Introduction The case of Jernard Griggs v. S.G.E. Management, L.L.C. et al., adjudicated by the United States...

Reaffirmation of Qualified Immunity and Monell Standards in Excessive Force Claims: Shumpert v. City of Tupelo

Date: Sep 25, 2018

Reaffirmation of Qualified Immunity and Monell Standards in Excessive Force Claims: Shumpert v. City of Tupelo Introduction In the case of Shumpert v. Dually, et al., adjudicated by the United States...

Preclusion of Brady Liability for Municipalities and Plea-Based Waivers Confirmed in Alvarez v. City of Brownsville

Date: Sep 19, 2018

Preclusion of Brady Liability for Municipalities and Plea-Based Waivers Confirmed in Alvarez v. City of Brownsville Introduction The case of George Alvarez vs. The City of Brownsville (904 F.3d 382)...

Affirmation of Employment Discrimination Claims under Specific Statutory Schemes: Roberson-King v. State of Louisiana Workforce Commission

Date: Sep 18, 2018

Affirmation of Employment Discrimination Claims under Specific Statutory Schemes: Roberson-King v. State of Louisiana Workforce Commission Introduction The case of Angela Roberson-King v. State of...

Westfall v. Luna: Refining Standards for False Arrest and Excessive Force Claims under Qualified Immunity

Date: Sep 14, 2018

Westfall v. Luna: Refining Standards for False Arrest and Excessive Force Claims under Qualified Immunity Introduction In the landmark case of Constance Westfall v. Jose Luna, decided by the United...

Affirmation of Summary Judgment in Excessive Force Claim: Waddleton v. Rodriguez et al.

Date: Sep 8, 2018

Affirmation of Summary Judgment in Excessive Force Claim: Waddleton v. Rodriguez et al. Introduction In the case of Marvin Waddleton, III, Plaintiff-Appellant, v. Bernadette Rodriguez; Dacho Ongudu;...

Fifth Circuit's Landmark Decision on Premises Liability and Independent Contractor Control in Occupational Accidents

Date: Aug 28, 2018

Fifth Circuit's Landmark Decision on Premises Liability and Independent Contractor Control in Occupational Accidents Introduction In the case of Tyler Renwick v. PNK Lake Charles, L.L.C., the United...

Re-evaluating Qualified Immunity Standards in Fourth Amendment Cases: The Winfrey v. Rogers Decision

Date: Aug 21, 2018

Re-evaluating Qualified Immunity Standards in Fourth Amendment Cases: The Winfrey v. Rogers Decision Introduction In the landmark case of Richard Winfrey, Jr. v. Lacy Rogers et al., the United States...

5th Circuit Establishes Jurisdiction for Successive §3582(c)(2) Sentence Reduction Motions Under §1291: United States v. Calton

Date: Aug 21, 2018

5th Circuit Establishes Jurisdiction for Successive §3582(c)(2) Sentence Reduction Motions Under §1291: United States v. Calton Introduction Case: United States of America v. Theresa Calton Court:...

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