5th Circuit Case Commentaries

Limitations on Federal Jurisdiction in COVID-19 Nursing Home Negligence Claims: Key Insights from Perez v. Southeast Nursing

Date: Apr 1, 2022

Limitations on Federal Jurisdiction in COVID-19 Nursing Home Negligence Claims: Key Insights from Perez v. Southeast Nursing Introduction In the aftermath of the COVID-19 pandemic, numerous legal...

Affirmation of Intervention Rights: Republican Committees in Texas SB 1 Challenge

Date: Mar 26, 2022

Affirmation of Intervention Rights: Republican Committees in Texas SB 1 Challenge Introduction The case of La Union del Pueblo Entero et al. v. Gregory W. Abbott et al. (29 F.4th 299) represents a...

Affirmation of Denial for Business Income Losses Due to COVID-19 Closures: Q Clothier vs. Twin City Fire Insurance Company

Date: Mar 23, 2022

Affirmation of Denial for Business Income Losses Due to COVID-19 Closures: Q Clothier vs. Twin City Fire Insurance Company Introduction The COVID-19 pandemic prompted unprecedented actions by state...

Johnson Act and Sovereign Immunity: Federal Court Jurisdiction in Utility Ratepayer Claims

Date: Mar 22, 2022

Johnson Act and Sovereign Immunity: Federal Court Jurisdiction in Utility Ratepayer Claims Introduction The case of Ray C. Turnage et al. v. Sam Britton et al. (29 F.4th 232) presents a significant...

Affirming the Non-Enforceability of State Court Judgments Against Government Entities: Insights from Ariyan v. Sewerage & Water Board of New Orleans

Date: Mar 22, 2022

Affirming the Non-Enforceability of State Court Judgments Against Government Entities: Insights from Ariyan v. Sewerage & Water Board of New Orleans Introduction The case of Ariyan, Incorporated et...

5th Circuit Establishes Importance of Personal Involvement for Qualified Immunity in §1983 Claims

Date: Mar 22, 2022

5th Circuit Establishes Importance of Personal Involvement for Qualified Immunity in §1983 Claims Introduction The case of Magnolia Island Plantation, L.L.C.; Barbara Marie Carey Lollar v. Julian C....

EX PARTE YOUNG and Sovereign Immunity: Limiting Suits Against State Officials in Election Law

Date: Mar 17, 2022

EX PARTE YOUNG and Sovereign Immunity: Limiting Suits Against State Officials in Election Law Introduction The case of Texas Alliance for Retired Americans; Sylvia Bruni; DSCC; DCCC,...

Enhancement of Sentencing Guidelines in Child Exploitation Cases: United States v. McGavitt

Date: Mar 12, 2022

Enhancement of Sentencing Guidelines in Child Exploitation Cases: United States v. McGavitt Introduction In the landmark case United States of America v. George Daniel McGavitt, adjudicated by the...

Establishing Hostile Work Environment through Unauthorized Viewing of Private Material: Analysis of Abbt v. City of Houston

Date: Mar 12, 2022

Establishing Hostile Work Environment through Unauthorized Viewing of Private Material: Analysis of Abbt v. City of Houston Introduction Melinda Abbt v. City of Houston; is a significant appellate...

Affirmation of Qualified Immunity in Excessive Force Claims: Templeton v. Austin Police Department

Date: Mar 12, 2022

Affirmation of Qualified Immunity in Excessive Force Claims: Templeton v. Austin Police Department Introduction In the case of James Templeton v. Austin Police Department, heard by the United States...

Affirmation of Dismissal in DPPA Violation Case: Key Legal Principles and Implications

Date: Mar 12, 2022

Affirmation of Dismissal in DPPA Violation Case: Key Legal Principles and Implications Introduction In the case of Derek Allen; Leandre Bishop; John Burns, Plaintiffs-Appellants, v. Vertafore,...

Interpreting FMLA Protections: Price v. International Paper Establishes Standards for Intermittent Leave

Date: Mar 11, 2022

Interpreting FMLA Protections: Price v. International Paper Establishes Standards for Intermittent Leave Introduction In the landmark case of John Price v. International Paper Company, the United...

Federal Preemption under the PREP Act: Insights from Mitchell v. Advanced HCS, L.L.C.

Date: Mar 11, 2022

Federal Preemption under the PREP Act: Insights from Mitchell v. Advanced HCS, L.L.C. Introduction In the landmark case Troy Mitchell, Individually and on Behalf of the Estate of Emma Mitchell,...

United States v. Rodriguez: Clarifying the Threshold for Extraordinary and Compelling Reasons in Compassionate Release Requests

Date: Mar 11, 2022

United States v. Rodriguez: Clarifying the Threshold for Extraordinary and Compelling Reasons in Compassionate Release Requests Introduction The case of United States of America v. Rafael Ramon...

Expanding Prisoner Rights: Shkambi Precedent Influences Compassionate Release Decisions

Date: Mar 10, 2022

Expanding Prisoner Rights: Shkambi Precedent Influences Compassionate Release Decisions Introduction In the case of United States of America v. David Lee Jackson (27 F.4th 1088), the United States...

Boundary Between Legal Filming of Police and Hindrance: Insights from Buehler v. City of Austin

Date: Mar 4, 2022

Boundary Between Legal Filming of Police and Hindrance: Insights from Buehler v. City of Austin Introduction Antonio Buehler v. Randy Dear et al. is a pivotal case adjudicated by the United States...

Jurisdictional Exhaustion in Immigration Appeals: Insights from Martinez-Guevara v. Garland

Date: Mar 4, 2022

Jurisdictional Exhaustion in Immigration Appeals: Insights from Martinez-Guevara v. Garland Introduction Sonia Maritzel Martinez-Guevara v. Merrick Garland, U.S. Attorney General, 27 F.4th 353 (5th...

RFRA and Military Vaccination Mandates: Comprehensive Analysis of U.S. Navy SEals v. Biden

Date: Mar 1, 2022

RFRA and Military Vaccination Mandates: Comprehensive Analysis of U.S. Navy SEals v. Biden Introduction In the landmark case of U.S. Navy SEals 1-26 v. Biden, adjudicated by the United States Court...

Eagle Mountain Saginaw ISD v. Bell: Affirmation of Fair Use in Educational Social Media Use

Date: Feb 26, 2022

Eagle Mountain Saginaw ISD v. Bell: Affirmation of Fair Use in Educational Social Media Use Introduction In the case of Doctor Keith Bell v. Eagle Mountain Saginaw Independent School District (27...

Clarifying Article III vs. Prudential Standing: Fifth Circuit Sets New Precedent

Date: Feb 15, 2022

Clarifying Article III vs. Prudential Standing: Fifth Circuit Sets New Precedent Introduction In the appellate case Karen Abraugh v. Bill Altimus et al., the United States Court of Appeals for the...