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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

Chavez v. Brownsville Independent School District: Upholding Standards for Municipal Liability under §1983, ADA, and Rehabilitation Act

Chavez v. Brownsville Independent School District: Upholding Standards for Municipal Liability under §1983, ADA, and Rehabilitation Act

Date: Feb 13, 2025
Chavez v. Brownsville Independent School District: Upholding Standards for Municipal Liability under §1983, ADA, and Rehabilitation Act Introduction In the landmark case Martha Chavez, as next friend...
Article III Standing Precludes Claims of Collective Institutional Injuries in Board Reconstitution Case

Article III Standing Precludes Claims of Collective Institutional Injuries in Board Reconstitution Case

Date: Feb 13, 2025
Article III Standing Precludes Claims of Collective Institutional Injuries in Board Reconstitution Case Introduction In the case of Anthony Parr, Rebecca Taylor, William R. McHugh, III v. David...
Establishing Comprehensive Standards for Retaliation and Discrimination Claims in Employment Litigation

Establishing Comprehensive Standards for Retaliation and Discrimination Claims in Employment Litigation

Date: Feb 13, 2025
Establishing Comprehensive Standards for Retaliation and Discrimination Claims in Employment Litigation Introduction The case of Kelly Dietrich v. United Parcel Service, Incorporated (Ohio) presents...
Affirmation of Administrative Exhaustion and Strict Adherence to Procedural Deadlines in Employment Discrimination Claims

Affirmation of Administrative Exhaustion and Strict Adherence to Procedural Deadlines in Employment Discrimination Claims

Date: Feb 10, 2025
Affirmation of Administrative Exhaustion and Strict Adherence to Procedural Deadlines in Employment Discrimination Claims Introduction In the case of Victor M. Casillas v. Douglas A. Collins,...
Competitor Standing Under the Jones Act: Analysis of Great Lakes Dredge & Dock Co. v. CBP

Competitor Standing Under the Jones Act: Analysis of Great Lakes Dredge & Dock Co. v. CBP

Date: Feb 9, 2025
Competitor Standing Under the Jones Act: Analysis of Great Lakes Dredge & Dock Co. v. CBP Introduction The case of Great Lakes Dredge & Dock Company, L.L.C. v. Chris Magnus, Commissioner, U.S....
Affirmation of Insurance Claim Denial: Clarification of 'Vacant' and 'Unoccupied' Under Texas Insurance Law

Affirmation of Insurance Claim Denial: Clarification of 'Vacant' and 'Unoccupied' Under Texas Insurance Law

Date: Feb 9, 2025
Affirmation of Insurance Claim Denial: Clarification of 'Vacant' and 'Unoccupied' Under Texas Insurance Law Introduction In the appellate case Crystal Childers; Bradley Childers v. Allstate Indemnity...
Expanding Ripeness Standards for Takings Claims in Historic Preservation Ordinances

Expanding Ripeness Standards for Takings Claims in Historic Preservation Ordinances

Date: Feb 9, 2025
Expanding Ripeness Standards for Takings Claims in Historic Preservation Ordinances Introduction The case of Kristy Kay Money; Rolf Jacob Sraubhaar v. City of San Marcos; Amanda Hernandez presents a...
Fifth Circuit Establishes that Firearm Suppressors Are Not Protected Under the Second Amendment

Fifth Circuit Establishes that Firearm Suppressors Are Not Protected Under the Second Amendment

Date: Feb 9, 2025
Fifth Circuit Establishes that Firearm Suppressors Are Not Protected Under the Second Amendment Introduction In the landmark case United States of America v. George Peterson, the United States Court...
Affirmation of Denial of 18 U.S.C. § 3582(c)(2) Motion Under USSG Amendments 821 and 825

Affirmation of Denial of 18 U.S.C. § 3582(c)(2) Motion Under USSG Amendments 821 and 825

Date: Feb 9, 2025
Affirmation of Denial of 18 U.S.C. § 3582(c)(2) Motion Under USSG Amendments 821 and 825 Introduction The case of United States of America v. Javeon Green revolves around the appellant, Javeon Green,...
Affirmation of Probable Cause in Contractor Fraud Arrest: Melancon v. Walsh

Affirmation of Probable Cause in Contractor Fraud Arrest: Melancon v. Walsh

Date: Feb 9, 2025
Affirmation of Probable Cause in Contractor Fraud Arrest: Melancon v. Walsh Introduction The case of Chad Melancon v. Bradley Walsh, Greg Champagne, and Unidentified Party presents a significant...
Fifth Circuit Affirms Inclusion of Intervening Sentences in Criminal History under U.S.S.G. §4A1.1

Fifth Circuit Affirms Inclusion of Intervening Sentences in Criminal History under U.S.S.G. §4A1.1

Date: Feb 9, 2025
Fifth Circuit Affirms Inclusion of Intervening Sentences in Criminal History under U.S.S.G. §4A1.1 Introduction In the case of United States of America v. Arturo Garza, Jr., the United States Court...
Affirmation of Frivolous and Insufficient §1983 Claims in Damond v. City of Rayville

Affirmation of Frivolous and Insufficient §1983 Claims in Damond v. City of Rayville

Date: Feb 9, 2025
Affirmation of Frivolous and Insufficient §1983 Claims in Damond v. City of Rayville Introduction In the case of Glenn Damond v. City of Rayville, the plaintiff, Glenn Damond, a former inmate at the...
Affirmation of Ortiz Precedent: Bad Faith Claims Barred When Policy Benefits Are Fully Paid

Affirmation of Ortiz Precedent: Bad Faith Claims Barred When Policy Benefits Are Fully Paid

Date: Feb 9, 2025
Affirmation of Ortiz Precedent: Bad Faith Claims Barred When Policy Benefits Are Fully Paid Introduction The case of Joseph Mirelez v. State Farm Lloyds examines the boundaries of insureds' ability...
5th Circuit Vacates Frivolous Dismissal in Eighth Amendment Sanitation Claims

5th Circuit Vacates Frivolous Dismissal in Eighth Amendment Sanitation Claims

Date: Feb 9, 2025
5th Circuit Vacates Frivolous Dismissal in Eighth Amendment Sanitation Claims Introduction In Keith Wayne Robertson v. Nolen Bass, Warden; Johnson, Assistant Warden, the United States Court of...
Affirmation of § 922(g)(1) and ACCA's Applicability in United States v. Raymond Charles, Jr.

Affirmation of § 922(g)(1) and ACCA's Applicability in United States v. Raymond Charles, Jr.

Date: Feb 9, 2025
Affirmation of § 922(g)(1) and ACCA's Applicability in United States v. Raymond Charles, Jr. Introduction The case of United States of America v. Raymond Charles, Jr. addresses significant...
Fifth Circuit Reverses Qualified Immunity for Viewpoint Discrimination in Limited Public Forums - Ste v. Biggers

Fifth Circuit Reverses Qualified Immunity for Viewpoint Discrimination in Limited Public Forums - Ste v. Biggers

Date: Feb 9, 2025
Fifth Circuit Reverses Qualified Immunity for Viewpoint Discrimination in Limited Public Forums - Ste v. Biggers Introduction The case of Ste v. Biggers navigates the intricate intersection of First...
Affirmation of Lessee's Right of Action for Property Damage Under Louisiana Civil Code: Indian Harbor Insurance Co. v. Covington Flooring Co.

Affirmation of Lessee's Right of Action for Property Damage Under Louisiana Civil Code: Indian Harbor Insurance Co. v. Covington Flooring Co.

Date: Feb 9, 2025
Affirmation of Lessee's Right of Action for Property Damage Under Louisiana Civil Code: Indian Harbor Insurance Co. v. Covington Flooring Co. Introduction The case of Indian Harbor Insurance Company...
Successor Liability Doctrine Not Applicable to WARN Act Claims: Rose v. Grappler Pressure Pumping

Successor Liability Doctrine Not Applicable to WARN Act Claims: Rose v. Grappler Pressure Pumping

Date: Feb 9, 2025
Successor Liability Doctrine Not Applicable to WARN Act Claims: Rose v. Grappler Pressure Pumping, L.L.C. Introduction The case of Jacob Rose, Individually and on behalf of all other similarly...
Reaffirmation of AEDPA Standards in Capital Cases: Cruz-Garcia v. Guerrero

Reaffirmation of AEDPA Standards in Capital Cases: Cruz-Garcia v. Guerrero

Date: Feb 9, 2025
Reaffirmation of AEDPA Standards in Capital Cases: Cruz-Garcia v. Guerrero Introduction The case of Obel Cruz-Garcia v. Eric Guerrero examines the application of the Antiterrorism and Effective Death...
Fifth Circuit Affirms Protection of Anonymity in Advertising Agreements under Breach of Contract and DTPA

Fifth Circuit Affirms Protection of Anonymity in Advertising Agreements under Breach of Contract and DTPA

Date: Feb 7, 2025
Fifth Circuit Affirms Protection of Anonymity in Advertising Agreements under Breach of Contract and DTPA Introduction In Gary Bradley v. Gatehouse Media Texas Holdings, II, the United States Court...
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