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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

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...
Expanding the Scope of Attorney Immunity: Shielding In-House Legal Counsel from Respondeat Superior Liability

Expanding the Scope of Attorney Immunity: Shielding In-House Legal Counsel from Respondeat Superior Liability

Date: Mar 4, 2025
Expanding the Scope of Attorney Immunity: Shielding In-House Legal Counsel from Respondeat Superior Liability Introduction In the recent decision of United States of America, ex rel, Alex Doe,...
New Legal Precedent: Stringent Comparator and Causation Requirements under Title VII

New Legal Precedent: Stringent Comparator and Causation Requirements under Title VII

Date: Mar 2, 2025
New Legal Precedent: Stringent Comparator and Causation Requirements under Title VII Introduction The case of Marcus Thornton v. University of Texas Southwestern Medical Center School of Medicine...
Reaffirming Content-Neutrality and Narrow Tailoring: New Precedents in Regulating Public Speech

Reaffirming Content-Neutrality and Narrow Tailoring: New Precedents in Regulating Public Speech

Date: Mar 2, 2025
Reaffirming Content-Neutrality and Narrow Tailoring: New Precedents in Regulating Public Speech Introduction The case of Spring Siders, Plaintiff-Appellant, v. City of Brandon, Mississippi,...
Establishing the Proper Temporal Framework for Borderline Age Analysis in Disability Claims

Establishing the Proper Temporal Framework for Borderline Age Analysis in Disability Claims

Date: Mar 2, 2025
Establishing the Proper Temporal Framework for Borderline Age Analysis in Disability Claims Introduction The case of Kevin Mitchell v. Leland Dudek, Acting Commissioner of Social Security, presents a...
Establishing Limits on Mitigating-Role Reductions in Drug Courier Sentencing: United States v. Lawson Commentary

Establishing Limits on Mitigating-Role Reductions in Drug Courier Sentencing: United States v. Lawson Commentary

Date: Mar 2, 2025
Establishing Limits on Mitigating-Role Reductions in Drug Courier Sentencing Introduction In the case of United States of America v. Ricky Lawson, the defendant, Ricky Lawson, who pleaded guilty to a...
Mere Proximity Insufficient: Redefining Sentencing Enhancements under U.S.S.G. § 2K2.1(b)(6)(B)

Mere Proximity Insufficient: Redefining Sentencing Enhancements under U.S.S.G. § 2K2.1(b)(6)(B)

Date: Mar 2, 2025
Mere Proximity Insufficient: Redefining Sentencing Enhancements under U.S.S.G. § 2K2.1(b)(6)(B) Introduction In the recent decision of United States of America v. Tedric Deshun Ratcliff, the United...
Exigent Warrantless CSLI Collection and Miranda Waiver: Affirmation under High-Stakes Kidnap Emergency

Exigent Warrantless CSLI Collection and Miranda Waiver: Affirmation under High-Stakes Kidnap Emergency

Date: Mar 2, 2025
Exigent Warrantless CSLI Collection and Miranda Waiver: Affirmation under High-Stakes Kidnap Emergency Introduction The Fifth Circuit’s recent decision in United States of America v. Rodrigo Napoles...
Establishing a High Bar for Compassionate Release: A New Precedent from United States v. Comb

Establishing a High Bar for Compassionate Release: A New Precedent from United States v. Comb

Date: Feb 28, 2025
Establishing a High Bar for Compassionate Release: A New Precedent from United States v. Comb Introduction The case of United States of America v. Zebadiah Jerome Comb brings into sharp focus the...
Clarifying Inmate Correspondence Regulations: Establishing Reasonable Penological Objectives as a Constitutional Standard

Clarifying Inmate Correspondence Regulations: Establishing Reasonable Penological Objectives as a Constitutional Standard

Date: Feb 28, 2025
Clarifying Inmate Correspondence Regulations: Establishing Reasonable Penological Objectives as a Constitutional Standard Introduction The case of John Henry Clemons, III v. Bobby Lumpkin, Rocky...
Retroactive Annulment of the Automatic Stay: Establishing Broad Discretion in Bankruptcy Foreclosure Proceedings

Retroactive Annulment of the Automatic Stay: Establishing Broad Discretion in Bankruptcy Foreclosure Proceedings

Date: Feb 28, 2025
Retroactive Annulment of the Automatic Stay: Establishing Broad Discretion in Bankruptcy Foreclosure Proceedings Introduction The case, In the Matter of Ikechukwu H. Okorie Debtor, v. Kimberly R....
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