5th Circuit Case Commentaries

Qualified Immunity Denied for Jail Officers in Cases of Deliberate Indifference to Inmate's Serious Medical Needs

Date: Jun 2, 2022

Qualified Immunity Denied for Jail Officers in Cases of Deliberate Indifference to Inmate's Serious Medical Needs Introduction The case of Frances Earline Sims v. Toderick D. Griffin; Sterling Ramon...

5th Circuit Upholds Denial of Asylum for Circularly Defined Social Groups in Lopez-Perez v. Garland

Date: Jun 2, 2022

5th Circuit Upholds Denial of Asylum for Circularly Defined Social Groups in Lopez-Perez v. Garland Introduction In the case of Yolanda Lopez-Perez v. Merrick Garland, decided on June 1, 2022, the...

Exclusive Default Judgments in Conflicting Common-Law Marriage Claims: Fifth Circuit Upholds District Court under Texas Bigamy Law

Date: May 20, 2022

Exclusive Default Judgments in Conflicting Common-Law Marriage Claims: Fifth Circuit Upholds District Court under Texas Bigamy Law Introduction The case of Laura Escalante v. Brandy Lidge deals with...

Affirmation of Summary Judgment in Owens v. Circassia: Upholding the 'Unworthy of Credence' Standard in Employment Discrimination Cases

Date: May 14, 2022

Affirmation of Summary Judgment in Owens v. Circassia: Upholding the 'Unworthy of Credence' Standard in Employment Discrimination Cases Introduction In the appellate case Grace Owens v. Circassia...

Probable Cause and Qualified Immunity in Arrests: Loftin v. City of Prentiss

Date: May 13, 2022

Probable Cause and Qualified Immunity in Arrests: Loftin v. City of Prentiss, 33 F.4th 774 (5th Cir. 2022) Introduction In Joshua Loftin v. The City of Prentiss, Mississippi; Joseph Bullock; Officer...

RICO Conspiracy Not Classified as a Crime of Violence under §924: United States v. Jasmine Perry et al.

Date: May 13, 2022

RICO Conspiracy Not Classified as a Crime of Violence under §924: United States v. Jasmine Perry et al. Introduction The case of United States of America, Plaintiff-Appellee, v. Jasmine Perry,...

Affirmation of No Likelihood of Confusion in Trademark Claims Against Educational Institutions

Date: May 11, 2022

Affirmation of No Likelihood of Confusion in Trademark Claims Against Educational Institutions Introduction The case Springboards to Education, Incorporated v. Pharr-San Juan-Alamo Independent School...

Novelozo v. BP Exploration & Production Inc.: Strengthening the Standards for Expert Causation Testimony Under Daubert

Date: May 10, 2022

Novelozo v. BP Exploration & Production Inc.: Strengthening the Standards for Expert Causation Testimony Under Daubert Introduction In the civil action Novelozo v. BP Exploration & Production Inc.,...

Affirming Aiding and Abetting Conviction for Drug Possession: Standards for Plain Error Review and Indictment Sufficiency

Date: May 6, 2022

Affirming Aiding and Abetting Conviction for Drug Possession: Standards for Plain Error Review and Indictment Sufficiency Introduction In the case of United States of America v. Juan Rojelio Cabello,...

Fifth Circuit Upholds Constitutional Challenge to CFPB's Funding Structure: Implications for Separation of Powers

Date: May 3, 2022

Fifth Circuit Upholds Constitutional Challenge to CFPB's Funding Structure: Implications for Separation of Powers Introduction In the landmark case of Consumer Financial Protection Bureau (CFPB) v....

5th Circuit Establishes Nuanced Application of Independent Intermediary Doctrine in False Arrest Actions Involving Multiple Intermediaries

Date: Apr 29, 2022

5th Circuit Establishes Nuanced Application of Independent Intermediary Doctrine in False Arrest Actions Involving Multiple Intermediaries Introduction The case of John Wilson et al. v. Brent Stroman...

Delegation of Judicial Authority in Supervised Release: Insights from Mejia-Banegas

Date: Apr 27, 2022

Delegation of Judicial Authority in Supervised Release: Insights from Mejia-Banegas Introduction In the case of United States of America v. Jairo Armando Mejia-Banegas, 32 F.4th 450 (5th Cir. 2022),...

Qualified Immunity Upholds Officers’ Actions in Minimal Excessive Force Claim – Solis v. Serrett & Sims

Date: Apr 22, 2022

Qualified Immunity Upholds Officers’ Actions in Minimal Excessive Force Claim – Solis v. Serrett & Sims Introduction Jessica Lorraine Solis, the plaintiff-appellee, brought forth a legal challenge...

Affirmation of Summary Judgment in Title VII Employment Discrimination: Analyzing Saketkoo v. Administrators of the Tulane Educational Fund

Date: Apr 22, 2022

Affirmation of Summary Judgment in Title VII Employment Discrimination: Analyzing Saketkoo v. Administrators of the Tulane Educational Fund Introduction In the case of Lesley Ann Saketkoo v....

Establishing Nuances in Qualified Immunity: Insights from Edwards v. Oliver

Date: Apr 20, 2022

Establishing Nuances in Qualified Immunity: Insights from Edwards v. Oliver Introduction In the landmark case of Edwards v. Oliver, adjudicated by the United States Court of Appeals for the Fifth...

Qualified and Statutory Immunities Uphold Law Enforcement Protection in Constable Heap v. Smith

Date: Apr 15, 2022

Qualified and Statutory Immunities Uphold Law Enforcement Protection in Constable Heap v. Smith Introduction The case of Constable Herschel Smith v. Constable Ted Heap (31 F.4th 905) adjudicated by...

Enhanced Consideration of Temporal Proximity in ADA Discrimination Claims: Gosby v. Apache Industrial Services

Date: Apr 9, 2022

Enhanced Consideration of Temporal Proximity in ADA Discrimination Claims: Gosby v. Apache Industrial Services Introduction In the landmark case Arlicia Gosby v. Apache Industrial Services,...

Crew/Employee Exclusion Clarified in Maritime Insurance Coverage: Barrios v. River Ventures

Date: Apr 6, 2022

Crew/Employee Exclusion Clarified in Maritime Insurance Coverage: Barrios v. River Ventures Introduction The case of Devin Barrios Plaintiff, v. River Ventures, L.L.C., Defendant-Appellant, XL...

Reversal of Summary Judgment in Premises-Liability Case Establishes Nuanced Approach to Sham-Affidavit Doctrine

Date: Apr 6, 2022

Reversal of Summary Judgment in Maria Seigler v. Wal-Mart Stores Texas, L.L.C. Establishes Nuanced Approach to Sham-Affidavit Doctrine Introduction In Maria Seigler v. Wal-Mart Stores Texas, L.L.C.,...

Mandamus as a Remedy for Abuse of Discretion in Severance and Transfer Orders: Analysis of Defense Distributed v. NJ Attorney General

Date: Apr 2, 2022

Mandamus as a Remedy for Abuse of Discretion in Severance and Transfer Orders: Analysis of Defense Distributed v. NJ Attorney General Introduction In the case of Defense Distributed; Second Amendment...