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  • Commentaries
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5th Circuit Case Commentaries

Deliberate Indifference Revisited: Establishing the Evidentiary Threshold for Constitutional Violations in School Bus Policies

Deliberate Indifference Revisited: Establishing the Evidentiary Threshold for Constitutional Violations in School Bus Policies

Date: Feb 24, 2025
Deliberate Indifference Revisited: Establishing the Evidentiary Threshold for Constitutional Violations in School Bus Policies Introduction The case of Crystal Ayon, Mother of M.R.A., v. Austin...
Strengthening the Pleading Standard under Rule 12(b)(6) in Mortgage-Related Disputes

Strengthening the Pleading Standard under Rule 12(b)(6) in Mortgage-Related Disputes

Date: Feb 24, 2025
Strengthening the Pleading Standard under Rule 12(b)(6) in Mortgage-Related Disputes Introduction The case of John Robert Hunter, Jr. v. JP Morgan Chase, N.A.; Freddie Mac presents a critical...
Reassessing Criminal History Calculations: New Precedents for Career Offender Enhancements in Sentencing

Reassessing Criminal History Calculations: New Precedents for Career Offender Enhancements in Sentencing

Date: Feb 22, 2025
Reassessing Criminal History Calculations: New Precedents for Career Offender Enhancements in Sentencing Introduction In the United States of America v. Andres Garcia, Jr., the Fifth Circuit Court of...
New Precedent in Evaluating Ineffective Assistance of Counsel and Evidentiary Hearing Denials in Habeas Corpus Review

New Precedent in Evaluating Ineffective Assistance of Counsel and Evidentiary Hearing Denials in Habeas Corpus Review

Date: Feb 22, 2025
New Precedent in Evaluating Ineffective Assistance of Counsel and Evidentiary Hearing Denials in Habeas Corpus Review Introduction The recent decision in Kenneth Lavigne, Petitioner-Appellant, v. Tim...
Valuable Consideration and Duplicate Images: Affirming Enhanced Sentencing Standards in Child Pornography Cases

Valuable Consideration and Duplicate Images: Affirming Enhanced Sentencing Standards in Child Pornography Cases

Date: Feb 22, 2025
Valuable Consideration and Duplicate Images: Affirming Enhanced Sentencing Standards in Child Pornography Cases Introduction The judgment in United States of America v. Scot Fucito, delivered by the...
Clarifying “Open Market Purchase” Exceptions and Preventing Indemnity End-Runs in Bankruptcy Reorganizations: The Serta Simmons Bedding Precedent

Clarifying “Open Market Purchase” Exceptions and Preventing Indemnity End-Runs in Bankruptcy Reorganizations: The Serta Simmons Bedding Precedent

Date: Feb 19, 2025
Clarifying “Open Market Purchase” Exceptions and Preventing Indemnity End-Runs in Bankruptcy Reorganizations: The Serta Simmons Bedding Precedent Introduction In this complex and multifaceted case...
Affirming Due Process Amid Extended Sentencing Delays: United States v. Carlos Ray Kidd

Affirming Due Process Amid Extended Sentencing Delays: United States v. Carlos Ray Kidd

Date: Feb 17, 2025
Affirming Due Process Amid Extended Sentencing Delays: United States v. Carlos Ray Kidd Introduction United States of America v. Carlos Ray Kidd is a significant appellate decision from the United...
Enforcing Compliance in State Foster Care Systems: Insights from M.D. ex rel. Stukenberg v. Abbott

Enforcing Compliance in State Foster Care Systems: Insights from M.D. ex rel. Stukenberg v. Abbott

Date: Feb 17, 2025
Enforcing Compliance in State Foster Care Systems: Insights from M.D. ex rel. Stukenberg v. Abbott Introduction The case of M.D., by next friend Sarah R. Stukenberg; D.I., by next friend Nancy G....
Affirmation of Strict Standards for EB-1 "Extraordinary Ability" Visa Denials under the APA

Affirmation of Strict Standards for EB-1 "Extraordinary Ability" Visa Denials under the APA

Date: Feb 17, 2025
Affirmation of Strict Standards for EB-1 "Extraordinary Ability" Visa Denials under the APA Introduction In the case of Sebin Joseph v. The Director of Texas Service Center, United States Citizenship...
Affirmation of ACCA-Enhanced Sentence in United States v. Schorovsky

Affirmation of ACCA-Enhanced Sentence in United States v. Schorovsky

Date: Feb 17, 2025
Affirmation of ACCA-Enhanced Sentence in United States v. Schorovsky Introduction In the case of United States of America v. Richard Schorovsky, the United States Court of Appeals for the Fifth...
Affirmation of Summary Judgment in Hostile Work Environment and Retaliation Claims: Hawthorne v. Birdville Independent School District

Affirmation of Summary Judgment in Hostile Work Environment and Retaliation Claims: Hawthorne v. Birdville Independent School District

Date: Feb 17, 2025
Affirmation of Summary Judgment in Hostile Work Environment and Retaliation Claims: Hawthorne v. Birdville Independent School District Introduction The case of James Hawthorne v. Birdville...
Jurisdictional Constraints on Reviewing Continuance and Remand Decisions in Immigration Proceedings: Ikome v. Bondi

Jurisdictional Constraints on Reviewing Continuance and Remand Decisions in Immigration Proceedings: Ikome v. Bondi

Date: Feb 17, 2025
Jurisdictional Constraints on Reviewing Continuance and Remand Decisions in Immigration Proceedings: Ikome v. Bondi Introduction In the case of Peter Mosoko Ikome v. Pamela Bondi, adjudicated by the...
Enforcement of Settlement Agreements Post Rule 41 Dismissal: Fifth Circuit Affirmation

Enforcement of Settlement Agreements Post Rule 41 Dismissal: Fifth Circuit Affirmation

Date: Feb 17, 2025
Enforcement of Settlement Agreements Post Rule 41 Dismissal: Fifth Circuit Affirmation Introduction In the case of Charles A. Whittier; Yvette E. Whittier v. Ocwen Loan Servicing, L.L.C.; Deutsche...
Fifth Circuit Upholds Summary Judgment in Age Discrimination Case: Reinforcing Employer Defenses Under ADEA and TCHRA

Fifth Circuit Upholds Summary Judgment in Age Discrimination Case: Reinforcing Employer Defenses Under ADEA and TCHRA

Date: Feb 17, 2025
Fifth Circuit Upholds Summary Judgment in Age Discrimination Case: Reinforcing Employer Defenses Under ADEA and TCHRA Introduction Danny Moore, a seasoned employee with over three decades of service,...
Qualified Immunity Affirmed for School Administrators in Supervisory Liability Claims under §1983

Qualified Immunity Affirmed for School Administrators in Supervisory Liability Claims under §1983

Date: Feb 17, 2025
Qualified Immunity Affirmed for School Administrators in Supervisory Liability Claims under §1983 Introduction The case of John Doe, individually and as next friends of Janie Doe 1 and Janie Doe 2,...
Affirmation of ACCA Enhancement for Louisiana Aggravated Battery: United States v. Porterie

Affirmation of ACCA Enhancement for Louisiana Aggravated Battery: United States v. Porterie

Date: Feb 17, 2025
Affirmation of ACCA Enhancement for Louisiana Aggravated Battery: United States v. Porterie Introduction In the case of United States of America v. Alvin Porterie, Jr., the United States Court of...
Affirmation of Summary Judgment on Bad Faith Claims and Vacating on TPPCA Claims in Senechal v. Allstate

Affirmation of Summary Judgment on Bad Faith Claims and Vacating on TPPCA Claims in Senechal v. Allstate

Date: Feb 17, 2025
Affirmation of Summary Judgment on Bad Faith Claims and Vacating on TPPCA Claims in Senechal v. Allstate Introduction Sterling Senechal, the Plaintiff-Appellant, initiated a lawsuit against Allstate...
5th Circuit Affirms Summary Judgment in §1983 Claims: Deliberate Indifference and Procedural Requirements Highlighted

5th Circuit Affirms Summary Judgment in §1983 Claims: Deliberate Indifference and Procedural Requirements Highlighted

Date: Feb 17, 2025
5th Circuit Affirms Summary Judgment in §1983 Claims: Deliberate Indifference and Procedural Requirements Highlighted Introduction In the appellate case of Jacob Blair Scott v. Vital Core Strategies...
Actual Conflict Requirement Affirmed in United States v. Miranda

Actual Conflict Requirement Affirmed in United States v. Miranda

Date: Feb 17, 2025
Actual Conflict Requirement Affirmed in United States v. Miranda Introduction In the case of United States of America v. Luis Iram Miranda, decided by the United States Court of Appeals for the Fifth...
Enhanced First Amendment Protections in Campaign Finance: Virden v. City of Austin

Enhanced First Amendment Protections in Campaign Finance: Virden v. City of Austin

Date: Feb 13, 2025
Enhanced First Amendment Protections in Campaign Finance: Virden v. City of Austin Introduction In the landmark case Jennifer Virden; William H. Clark v. City of Austin, Texas, the United States...
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