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  • Commentaries
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5th Circuit Case Commentaries

Enforcement of Arbitration Agreements Amid Institutional Changes: Baker Hughes Saudi Arabia Co. Ltd. v. Dynamic Industries

Enforcement of Arbitration Agreements Amid Institutional Changes: Baker Hughes Saudi Arabia Co. Ltd. v. Dynamic Industries

Date: Jan 31, 2025
Enforcement of Arbitration Agreements Amid Institutional Changes: Baker Hughes Saudi Arabia Co. Ltd. v. Dynamic Industries Introduction In the landmark case of Baker Hughes Saudi Arabia Company...
Fifth Circuit Clarifies Sovereign Immunity Analysis for Charter Schools in Redding-Guidry v. Harmony Public Schools

Fifth Circuit Clarifies Sovereign Immunity Analysis for Charter Schools in Redding-Guidry v. Harmony Public Schools

Date: Jan 31, 2025
Fifth Circuit Clarifies Sovereign Immunity Analysis for Charter Schools in Redding-Guidry v. Harmony Public Schools Introduction In the recent appellate decision Roberta Redding-Guidry v. Harmony...
Impact of Aguilar-Quintanilla v. McHenry on CAT Deferral and Mootness Standards

Impact of Aguilar-Quintanilla v. McHenry on CAT Deferral and Mootness Standards

Date: Jan 31, 2025
Impact of Aguilar-Quintanilla v. McHenry on CAT Deferral and Mootness Standards Introduction Aguilar-Quintanilla v. McHenry, a landmark decision by the United States Court of Appeals for the Fifth...
Judicial Review Barred in MIPS TPCC Measure Application: U.S. Anesthesia Partners v. HHS

Judicial Review Barred in MIPS TPCC Measure Application: U.S. Anesthesia Partners v. HHS

Date: Jan 24, 2025
Judicial Review Barred in MIPS TPCC Measure Application: U.S. Anesthesia Partners v. HHS Introduction In the case U.S. Anesthesia Partners of Texas, P.A.; U.S. Anesthesia Partners of Florida,...
Cook v. Marshall: Affirming Trustee Accountability and Clarifying Diversity Jurisdiction in Trust Litigation

Cook v. Marshall: Affirming Trustee Accountability and Clarifying Diversity Jurisdiction in Trust Litigation

Date: Jan 24, 2025
Cook v. Marshall: Affirming Trustee Accountability and Clarifying Diversity Jurisdiction in Trust Litigation Introduction In the landmark decision of Cook v. Marshall, adjudicated by the United...
Affirmation of Felon-In-Possession Laws Under the Second Amendment: United States v. Giglio

Affirmation of Felon-In-Possession Laws Under the Second Amendment: United States v. Giglio

Date: Jan 24, 2025
Affirmation of Felon-In-Possession Laws Under the Second Amendment: United States v. Giglio Introduction In the landmark case United States of America v. Damion Xavier Giglio, the Fifth Circuit Court...
Affirmation of Federal Jurisdiction in Coastal Resource Management: New Orleans City v. Aspect Energy et al.

Affirmation of Federal Jurisdiction in Coastal Resource Management: New Orleans City v. Aspect Energy et al.

Date: Jan 24, 2025
Affirmation of Federal Jurisdiction in Coastal Resource Management: New Orleans City v. Aspect Energy et al. Introduction In the landmark case New Orleans City, Plaintiff-Appellant, v. Aspect Energy,...
Cantu v. Austin Police Department: Reinforcement of Qualified Immunity and Limitations on ADA Applicability in Law Enforcement Encounters

Cantu v. Austin Police Department: Reinforcement of Qualified Immunity and Limitations on ADA Applicability in Law Enforcement Encounters

Date: Jan 23, 2025
Cantu v. Austin Police Department: Reinforcement of Qualified Immunity and Limitations on ADA Applicability in Law Enforcement Encounters Introduction In the landmark case of Cantu v. Austin Police...
Fifth Circuit Clarifies MWPA Claims Independence from MTCA in Johnson v. Miller

Fifth Circuit Clarifies MWPA Claims Independence from MTCA in Johnson v. Miller

Date: Jan 23, 2025
Fifth Circuit Clarifies MWPA Claims Independence from MTCA in Johnson v. Miller Introduction The case of Mark Johnson v. George Miller, Sr. et al. adjudicated by the United States Court of Appeals...
Clarifying the Definition of "Maintaining a Drug Premises" under U.S.S.G. § 2D1.1(b)(12): United States v. Nghia Le

Clarifying the Definition of "Maintaining a Drug Premises" under U.S.S.G. § 2D1.1(b)(12): United States v. Nghia Le

Date: Jan 22, 2025
Clarifying the Definition of "Maintaining a Drug Premises" under U.S.S.G. § 2D1.1(b)(12): United States v. Nghia Le Introduction The case of United States of America v. Nghia Le presents a critical...
Pitchford v. Cain: Fifth Circuit Upholds State Waiver of Batson Claims and Enforces AEDPA Standards

Pitchford v. Cain: Fifth Circuit Upholds State Waiver of Batson Claims and Enforces AEDPA Standards

Date: Jan 22, 2025
Pitchford v. Cain: Fifth Circuit Upholds State Waiver of Batson Claims and Enforces AEDPA Standards Introduction Terry Pitchford, the petitioner-appellee, sought to overturn his capital murder...
Affirmation of Wire Fraud Conviction in PPP Loan Scheme

Affirmation of Wire Fraud Conviction in PPP Loan Scheme

Date: Jan 22, 2025
Affirmation of Wire Fraud Conviction in PPP Loan Scheme Introduction The case of United States of America v. Abdul Fatani presents a significant judicial examination of wire fraud within the context...
Fifth Circuit Affirms Texas’s Standing to Challenge DACA, Limits Injunctive Relief to Texas State

Fifth Circuit Affirms Texas’s Standing to Challenge DACA, Limits Injunctive Relief to Texas State

Date: Jan 22, 2025
Fifth Circuit Affirms Texas’s Standing to Challenge DACA, Limits Injunctive Relief to Texas State Introduction The case of State of Texas et al. v. United States of America et al. represents a...
Lan v. University of Texas at San Antonio: Upholding Institutional Academic Judgment in Discrimination and Retaliation Claims

Lan v. University of Texas at San Antonio: Upholding Institutional Academic Judgment in Discrimination and Retaliation Claims

Date: Jan 22, 2025
Lan v. University of Texas at San Antonio: Upholding Institutional Academic Judgment in Discrimination and Retaliation Claims Introduction Lan v. University of Texas at San Antonio (UTSA) is a...
Fifth Circuit Upholds AEDPA Relitigation Bar in Uvukansi v. Texas

Fifth Circuit Upholds AEDPA Relitigation Bar in Uvukansi v. Texas

Date: Jan 22, 2025
Fifth Circuit Upholds AEDPA Relitigation Bar in Uvukansi v. Texas Introduction Feanyichi E. Uvukansi, a Texas state prisoner, appealed his capital murder conviction, currently serving a life sentence...
Clarifying Appellate Jurisdiction in Qualified Immunity Cases: Brown v. Burmaster

Clarifying Appellate Jurisdiction in Qualified Immunity Cases: Brown v. Burmaster

Date: Jan 22, 2025
Clarifying Appellate Jurisdiction in Qualified Immunity Cases: Brown v. Burmaster Introduction The case of Derek Brown; Julia Barecki-Brown v. Derrick Burmaster presents a significant discussion on...
Strict Standards Reinforced for Overcoming Qualified Immunity in Deliberate Indifference Claims: Stapleton v. Lozano et al.

Strict Standards Reinforced for Overcoming Qualified Immunity in Deliberate Indifference Claims: Stapleton v. Lozano et al.

Date: Jan 18, 2025
Strict Standards Reinforced for Overcoming Qualified Immunity in Deliberate Indifference Claims: Stapleton v. Lozano et al. Introduction In the landmark case of Jacqueline Louise Stapleton; Dawn...
Affirmation of Private Entity's COVID-19 Vaccine Policy Enforcement as Non-State Action under 42 U.S.C. § 1983

Affirmation of Private Entity's COVID-19 Vaccine Policy Enforcement as Non-State Action under 42 U.S.C. § 1983

Date: Jan 18, 2025
Affirmation of Private Entity's COVID-19 Vaccine Policy Enforcement as Non-State Action under 42 U.S.C. § 1983 Introduction In the landmark case of Venodhar Julapalli v. Houston Methodist The...
Establishing the Boundaries of the Good Faith Exception in Search Warrants: United States v. Siegert

Establishing the Boundaries of the Good Faith Exception in Search Warrants: United States v. Siegert

Date: Jan 18, 2025
Establishing the Boundaries of the Good Faith Exception in Search Warrants: United States v. Siegert Introduction In the case of United States of America, Plaintiff-Appellee, v. Dustin E. Siegert,...
Economic Extortion Not Nexus for Withholding of Removal and Upholding Standard Hardship Criteria in Sanchez Contreras v. Garland

Economic Extortion Not Nexus for Withholding of Removal and Upholding Standard Hardship Criteria in Sanchez Contreras v. Garland

Date: Jan 16, 2025
Economic Extortion Not Nexus for Withholding of Removal and Upholding Standard Hardship Criteria in Sanchez Contreras v. Garland Introduction Estela Guadalupe Sanchez Contreras, a native and citizen...
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