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  • Commentaries
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5th Circuit Case Commentaries

Delegated Authority in Arbitration: Redefining Class Arbitrability and Non‐Signatory Boundaries

Delegated Authority in Arbitration: Redefining Class Arbitrability and Non‐Signatory Boundaries

Date: Mar 14, 2025
Delegated Authority in Arbitration: Redefining Class Arbitrability and Non‐Signatory Boundaries Introduction This commentary reviews the landmark decision in Scott Sullivan; Frank Dellacroce; St....
New Clarifications on the Applicability of Summary Judgment in Tortious Interference and Trade Secrets Cases

New Clarifications on the Applicability of Summary Judgment in Tortious Interference and Trade Secrets Cases

Date: Mar 14, 2025
New Clarifications on the Applicability of Summary Judgment in Tortious Interference and Trade Secrets Cases Introduction The case of Cloud49, L.L.C. v. Rackspace Technology, Incorporated; CapGemini...
Qualified Immunity Upheld in Exigent Arrests: Defining the Limits of ADA and Section 504 in On-the-Scene Responses

Qualified Immunity Upheld in Exigent Arrests: Defining the Limits of ADA and Section 504 in On-the-Scene Responses

Date: Mar 14, 2025
Qualified Immunity Upheld in Exigent Arrests: Defining the Limits of ADA and Section 504 in On-the-Scene Responses Introduction The recent decision in the case of Chelsie Cierra Rubin and Cameron...
Clarifying Appellate Scope: The Belton Precedent on Post-Judgment Motions and Notice of Appeal

Clarifying Appellate Scope: The Belton Precedent on Post-Judgment Motions and Notice of Appeal

Date: Mar 13, 2025
Clarifying Appellate Scope: The Belton Precedent on Post-Judgment Motions and Notice of Appeal Introduction The United States Court of Appeals for the Fifth Circuit rendered a critical decision on...
Strict Adherence to EEOC Exhaustion Deadlines under Title VII: A New Judicial Precedent

Strict Adherence to EEOC Exhaustion Deadlines under Title VII: A New Judicial Precedent

Date: Mar 13, 2025
Strict Adherence to EEOC Exhaustion Deadlines under Title VII: A New Judicial Precedent Introduction The judgment in Dr. Kay Morgan, Plaintiff-Appellant, v. Dr. Marty Bray; Mississippi State...
Note Follows the Deed: Affirming Foreclosure Standing and Establishing Equitable Redemption Requirements under Texas Law

Note Follows the Deed: Affirming Foreclosure Standing and Establishing Equitable Redemption Requirements under Texas Law

Date: Mar 13, 2025
Note Follows the Deed: Affirming Foreclosure Standing and Establishing Equitable Redemption Requirements under Texas Law Introduction The United States Court of Appeals for the Fifth Circuit, in...
ERISA Preemption and State-Wage Claims: Insights from Broussard v. ExxonMobil

ERISA Preemption and State-Wage Claims: Insights from Broussard v. ExxonMobil

Date: Mar 13, 2025
ERISA Preemption and State-Wage Claims: Insights from Broussard v. ExxonMobil Introduction The case of Jason Broussard, Plaintiff-Appellant, versus Exxon Mobil Corporation, Defendant-Appellee,...
Clarifying the Burden of Proof in All‐Risk Homeowners’ Insurance Claims: The Barger v. State Farm Precedent

Clarifying the Burden of Proof in All‐Risk Homeowners’ Insurance Claims: The Barger v. State Farm Precedent

Date: Mar 11, 2025
Clarifying the Burden of Proof in All‐Risk Homeowners’ Insurance Claims: The Barger v. State Farm Precedent Introduction In the recent United States Court of Appeals, Fifth Circuit decision, Mark...
Affirming Authentic Transfers and the Corporate Veil: A New Benchmark in Real Property and Partnership Disputes

Affirming Authentic Transfers and the Corporate Veil: A New Benchmark in Real Property and Partnership Disputes

Date: Mar 11, 2025
Affirming Authentic Transfers and the Corporate Veil: A New Benchmark in Real Property and Partnership Disputes Introduction In the case of Suzanne Wimsatt, Plaintiff-Appellant, v. Nidal Jaber,...
Establishing the Limits of Deliberate Indifference Claims for Pretrial Detainees

Establishing the Limits of Deliberate Indifference Claims for Pretrial Detainees

Date: Mar 11, 2025
Establishing the Limits of Deliberate Indifference Claims for Pretrial Detainees Introduction The case of Tracy Nixon, Plaintiff-Appellant, v. Dallas County, Texas, Defendant-Appellee, represents a...
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...
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