5th Circuit Case Commentaries

Reaffirming Evidentiary Standards for Mechanical Defect Claims: Guijarro v. Enterprise Holdings

Date: Jul 6, 2022

Reaffirming Evidentiary Standards for Mechanical Defect Claims: Guijarro v. Enterprise Holdings Introduction In the landmark case of Joanna Guijarro et al. v. Enterprise Holdings, Incorporated et...

Court Excludes Expert Testimony in Deepwater Horizon Exposure Case, Establishing Strict Standards for Medical Causation in Toxic Tort Litigation

Date: Jul 2, 2022

Court Excludes Expert Testimony in Deepwater Horizon Exposure Case, Establishing Strict Standards for Medical Causation in Toxic Tort Litigation Introduction The civil action Kennard Harrison v. BP...

Limitations of the Collateral Order Doctrine in Nonparty Discovery Appeals: Leonard v. Martin

Date: Jul 1, 2022

Limitations of the Collateral Order Doctrine in Nonparty Discovery Appeals: Leonard v. Martin Introduction Leonard v. Martin, 38 F.4th 481 (5th Cir. 2022), is a pivotal case addressing the appellate...

Yogi Metals Group v. Garland: Reinforcing Standards for Managerial Capacity in EB-1C Visa Petitions

Date: Jun 29, 2022

Yogi Metals Group v. Garland: Reinforcing Standards for Managerial Capacity in EB-1C Visa Petitions Introduction The case of Yogi Metals Group, Incorporated; Vinod Moorjani v. Merrick Garland...

Public Official's Coercive Orders to Private Actors Constitute State Action: Watts v. Northside Independent School District

Date: Jun 28, 2022

Public Official's Coercive Orders to Private Actors Constitute State Action: Watts v. Northside Independent School District Introduction The case of Robert Watts v. Northside Independent School...

Fifth Circuit Overturns Res Judicata in Race-Conscious Admissions Litigation: SFFA v. University of Texas

Date: Jun 21, 2022

Fifth Circuit Overturns Res Judicata in Race-Conscious Admissions Litigation: SFFA v. University of Texas Introduction The case of Students for Fair Admissions, Incorporated (SFFA) v. University of...

Clarifying the Early Adjudication of Qualified Immunity: Carswell v. Camp et al.

Date: Jun 18, 2022

Clarifying the Early Adjudication of Qualified Immunity: Carswell v. Camp et al. Introduction In the landmark case Gwendolyn Carswell v. George A. Camp et al., the United States Court of Appeals for...

Qualified Immunity Upheld in Taser Use During High-Speed Pursuit: Salazar v. Molina

Date: Jun 17, 2022

Qualified Immunity Upheld in Taser Use During High-Speed Pursuit: Salazar v. Molina Introduction In the landmark case Juan Carlos Salazar v. Juan Rene Molina, the United States Court of Appeals for...

Conspiracy and Kickback Schemes in Healthcare: The Hamilton Judgment Analysis

Date: Jun 16, 2022

Conspiracy and Kickback Schemes in Healthcare: The Hamilton Judgment Analysis Introduction In the landmark case of United States of America v. Yolanda Hamilton, the United States Court of Appeals for...

Title II ADA Claims Can Abrogate State Sovereign Immunity in Academic Dismissal: Pickett v. Texas Tech

Date: Jun 16, 2022

Title II ADA Claims Can Abrogate State Sovereign Immunity in Academic Dismissal: Pickett v. Texas Tech Introduction In Amy Pickett v. Texas Tech University Health Sciences Center, the plaintiff, Amy...

Affirmation of Gingles Preconditions in Louisiana Redistricting: A Comprehensive Analysis of Robinson v. Ardoin

Date: Jun 13, 2022

Affirmation of Gingles Preconditions in Louisiana Redistricting: A Comprehensive Analysis of Robinson v. Ardoin 1. Introduction In Press Robinson; Edgar Cage; Dorothy Nairne; Edwin Rene Soule; Alice...

Establishing Accountability: Qualified Immunity and Timely Release in Crittindon v. LeBlanc

Date: Jun 11, 2022

Establishing Accountability: Qualified Immunity and Timely Release in Crittindon v. LeBlanc et al. Introduction In Jessie Crittindon; Leon Burse; Eddie Copelin; Phillip Dominick, III; Donald Guidry...

Federal Removal Override: Fifth Circuit Reverses "Three Strikes" Application in Prison Litigation

Date: Jun 10, 2022

Federal Removal Override: Fifth Circuit Reverses "Three Strikes" Application in Prison Litigation Introduction In the case of Gator Mitchell v. Sergeant Robert Goings et al. (37 F.4th 169, 2022), the...

Reaffirming Rule 12(b)(6) Standards in Products Liability and Premises-Defect Claims: Insights from George v. SI Group

Date: Jun 4, 2022

Reaffirming Rule 12(b)(6) Standards in Products Liability and Premises-Defect Claims: Insights from George v. SI Group Introduction In the landmark case of James George v. SI Group, Incorporated, the...

Exclusion of General Causation Expert Testimony in Toxic Tort Claims: Macon v. BP Exploration & Production Inc.

Date: Jun 3, 2022

Exclusion of General Causation Expert Testimony in Toxic Tort Claims: Macon v. BP Exploration & Production Inc. Introduction The case Willie James Macon v. BP Exploration & Production Inc., et al....

Fifth Circuit Restricts Reliance on Martinez Reports in Eighth Amendment Deliberate Indifference Claims: Davis v. Lumpkin

Date: Jun 3, 2022

Fifth Circuit Restricts Reliance on Martinez Reports in Eighth Amendment Deliberate Indifference Claims: Davis v. Lumpkin Introduction The case of Donald Lloyd Davis, Jr. v. Bobby Lumpkin addresses...

Exclusion of General Causation Expert Testimony in Toxic Tort Cases: Analysis of JOAN FLORENCE JOHNS v. BP EXPLORATION & PRODUCTION INC.

Date: Jun 3, 2022

Exclusion of General Causation Expert Testimony in Toxic Tort Cases: Analysis of JOAN FLORENCE JOHNS v. BP EXPLORATION & PRODUCTION INC. 1. Introduction The case of Joan Florence Johns v. BP...

Clarification of Rooker-Feldman Doctrine in Fifth Circuit: Pending State Appeals Do Not Trigger Rooker-Feldman Bar

Date: Jun 3, 2022

Clarification of Rooker-Feldman Doctrine in Fifth Circuit: Pending State Appeals Do Not Trigger Rooker-Feldman Bar Introduction In the appellate decision of Bradley B. Miller v. Virginia Talley Dunn...

Exclusion of General Causation Expert Testimony Under Daubert in Street v. BP: Implications for Toxic Tort Litigation

Date: Jun 3, 2022

Exclusion of General Causation Expert Testimony Under Daubert in Street v. BP Exploration & Production Inc.: Implications for Toxic Tort Litigation Introduction In the case of Corey Darnell Street v....

Procedural Default Rules: Upholding Convictions Post Dimaya and Johnson in United States v. Vargas-Soto

Date: Jun 3, 2022

Procedural Default Rules: Upholding Convictions Post Dimaya and Johnson in United States v. Vargas-Soto Introduction In the landmark case United States of America v. Jose Vargas-Soto, decided by the...