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5th Circuit Case Commentaries

Prosecutorial Discretion in Public Communications: A New Precedent on Qualified Immunity and Malicious Interference Claims

Prosecutorial Discretion in Public Communications: A New Precedent on Qualified Immunity and Malicious Interference Claims

Date: Mar 11, 2025
Prosecutorial Discretion in Public Communications: A New Precedent on Qualified Immunity and Malicious Interference Claims Introduction The Judgment in Philip Gerard Turner, Plaintiff-Appellant, v....
The Imperative of Disclosure: Redefining Brady Violations in Capital Cases

The Imperative of Disclosure: Redefining Brady Violations in Capital Cases

Date: Mar 11, 2025
The Imperative of Disclosure: Redefining Brady Violations in Capital Cases Introduction The judgment in Brittany Marlowe Holberg v. Eric Guerrero, Director, Texas Department of Criminal Justice,...
Refining Discretionary Penalties under ERISA: A New Standard for Plan Document Production

Refining Discretionary Penalties under ERISA: A New Standard for Plan Document Production

Date: Mar 11, 2025
Refining Discretionary Penalties under ERISA: A New Standard for Plan Document Production Introduction The judgment from the United States Court of Appeals, Fifth Circuit, in the case of William...
Oral Pronouncements Prevail Over Written Errors: Affirming Fraud Convictions & Correcting Special Assessments

Oral Pronouncements Prevail Over Written Errors: Affirming Fraud Convictions & Correcting Special Assessments

Date: Mar 11, 2025
Oral Pronouncements Prevail Over Written Errors: Affirming Fraud Convictions & Correcting Special Assessments Introduction This commentary examines a recent Fifth Circuit decision in the case of...
Establishing Limits on Post-Conviction DNA Testing: Due Process and Standing in Execution Delay Claims

Establishing Limits on Post-Conviction DNA Testing: Due Process and Standing in Execution Delay Claims

Date: Mar 11, 2025
Establishing Limits on Post-Conviction DNA Testing: Due Process and Standing in Execution Delay Claims Introduction The case of David Wood v. Rachel Patton, in her official capacity as Assistant...
Affirmation of Removability and the Non-Tolling of the 180-Day Grace Period During Incarceration

Affirmation of Removability and the Non-Tolling of the 180-Day Grace Period During Incarceration

Date: Mar 11, 2025
Affirmation of Removability and the Non-Tolling of the 180-Day Grace Period During Incarceration Introduction The case of Rajeev Gupta v. Pamela Bondi, U.S. Attorney General, decided by the United...
Clarifying the Admissibility of Extrinsic Evidence and Grand Jury Testimony Discrepancies: The Weaver Precedent

Clarifying the Admissibility of Extrinsic Evidence and Grand Jury Testimony Discrepancies: The Weaver Precedent

Date: Mar 11, 2025
Clarifying the Admissibility of Extrinsic Evidence and Grand Jury Testimony Discrepancies: The Weaver Precedent Introduction The case of United States of America v. Henry Weaver, decided by the...
Enforcement of Unambiguous Settlement Agreements and the Forfeiture of Unraised Fraud Claims

Enforcement of Unambiguous Settlement Agreements and the Forfeiture of Unraised Fraud Claims

Date: Mar 11, 2025
Enforcement of Unambiguous Settlement Agreements and the Forfeiture of Unraised Fraud Claims Introduction This commentary examines the United States Court of Appeals for the Fifth Circuit's decision...
Clarifying "Effective Denial" in Injunction Requests: New Benchmarks for Interlocutory Appeals in Administrative Proceedings

Clarifying "Effective Denial" in Injunction Requests: New Benchmarks for Interlocutory Appeals in Administrative Proceedings

Date: Mar 11, 2025
Clarifying "Effective Denial" in Injunction Requests: New Benchmarks for Interlocutory Appeals in Administrative Proceedings Introduction The case of Space Exploration Technologies Corp. v. National...
Clarifying Sentencing Enhancements for Ammunition Possession: Boundaries of § 2K2.1(b)(6)(B) in Light of Second Amendment Precedents

Clarifying Sentencing Enhancements for Ammunition Possession: Boundaries of § 2K2.1(b)(6)(B) in Light of Second Amendment Precedents

Date: Mar 11, 2025
Clarifying Sentencing Enhancements for Ammunition Possession: Boundaries of § 2K2.1(b)(6)(B) in Light of Second Amendment Precedents Introduction The case of United States of America v. Juan David...
Affirming Felon-In-Possession Convictions: Probationary Disarmament and the Historical Tradition in § 922(g)(1)

Affirming Felon-In-Possession Convictions: Probationary Disarmament and the Historical Tradition in § 922(g)(1)

Date: Mar 11, 2025
Affirming Felon-In-Possession Convictions: Probationary Disarmament and the Historical Tradition in § 922(g)(1) Introduction This commentary reviews the recent opinion in United States of America v....
Clarifying Inmate Protections: Prioritizing the Eighth Amendment over a Generalized Fourteenth Amendment Substantive Due Process Claim

Clarifying Inmate Protections: Prioritizing the Eighth Amendment over a Generalized Fourteenth Amendment Substantive Due Process Claim

Date: Mar 6, 2025
Clarifying Inmate Protections: Prioritizing the Eighth Amendment over a Generalized Fourteenth Amendment Substantive Due Process Claim Introduction This commentary examines the recent appellate...
Clarifying Restitution Award Calculations under 18 U.S.C. § 2259 in Child Pornography Cases

Clarifying Restitution Award Calculations under 18 U.S.C. § 2259 in Child Pornography Cases

Date: Mar 6, 2025
Clarifying Restitution Award Calculations under 18 U.S.C. § 2259 in Child Pornography Cases Introduction The case of United States of America, Plaintiff-Appellee, v. Jeramias Sandstrom,...
Qualified Immunity under Scrutiny: Exception for Manipulated Identifications and Withheld Exculpatory Evidence in Fourth and Fourteenth Amendment Claims

Qualified Immunity under Scrutiny: Exception for Manipulated Identifications and Withheld Exculpatory Evidence in Fourth and Fourteenth Amendment Claims

Date: Mar 6, 2025
Qualified Immunity under Scrutiny: Exception for Manipulated Identifications and Withheld Exculpatory Evidence in Fourth and Fourteenth Amendment Claims Introduction The case of Desmond D. Green v....
Establishing the Cumulative Reasonable Suspicion Standard for Extended Traffic Stops Involving K-9 Deployments

Establishing the Cumulative Reasonable Suspicion Standard for Extended Traffic Stops Involving K-9 Deployments

Date: Mar 6, 2025
Establishing the Cumulative Reasonable Suspicion Standard for Extended Traffic Stops Involving K-9 Deployments Introduction The United States Court of Appeals for the Fifth Circuit, in the case of...
Clarifying Contractual Fault Lines: Prior Material Breach, Prejudgment Interest, and Injunctive Relief in Employment Disputes

Clarifying Contractual Fault Lines: Prior Material Breach, Prejudgment Interest, and Injunctive Relief in Employment Disputes

Date: Mar 6, 2025
Clarifying Contractual Fault Lines: Prior Material Breach, Prejudgment Interest, and Injunctive Relief in Employment Disputes Introduction In Douglas Ramsey, Plaintiff-Appellee, v. Sheet Pile,...
Judicial Estoppel and the Ongoing Duty of Disclosure in Bankruptcy: A New Precedent on Debtor Consistency

Judicial Estoppel and the Ongoing Duty of Disclosure in Bankruptcy: A New Precedent on Debtor Consistency

Date: Mar 6, 2025
Judicial Estoppel and the Ongoing Duty of Disclosure in Bankruptcy: A New Precedent on Debtor Consistency Introduction The case of Thomas Keathley v. Buddy Ayers Construction, Incorporated addresses...
Clarifying Exempt Status and Limits on Retaliation Claims in Municipal Employment

Clarifying Exempt Status and Limits on Retaliation Claims in Municipal Employment

Date: Mar 6, 2025
Clarifying Exempt Status and Limits on Retaliation Claims in Municipal Employment Introduction The case of Annette Rodriguez v. City of Corpus Christi represents a significant judicial determination...
Affirmation of Unpaid Mentorship as Non-Employment Under Title VII: The Threshold Remuneration Test Reaffirmed

Affirmation of Unpaid Mentorship as Non-Employment Under Title VII: The Threshold Remuneration Test Reaffirmed

Date: Mar 6, 2025
Affirmation of Unpaid Mentorship as Non-Employment Under Title VII: The Threshold Remuneration Test Reaffirmed Introduction The case of Cara Wessels Wells v. Texas Tech University; Samuel Prien;...
“Like Punishment” Under the ACA Permits Supervised Release After a State‑Maximum Prison Term: United States v. Flores (5th Cir. 2025)

“Like Punishment” Under the ACA Permits Supervised Release After a State‑Maximum Prison Term: United States v. Flores (5th Cir. 2025)

Date: Mar 5, 2025
“Like Punishment” Under the ACA Permits Supervised Release After a State‑Maximum Prison Term United States v. Flores, No. 23‑50128 (5th Cir. Mar. 4, 2025) Introduction In United States v. Flores, the...
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