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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

Affirmation of Felon-In-Possession Firearm Conviction Under 18 U.S.C. § 922(g)(1)

Affirmation of Felon-In-Possession Firearm Conviction Under 18 U.S.C. § 922(g)(1)

Date: Oct 10, 2024
Affirmation of Felon-In-Possession Firearm Conviction Under 18 U.S.C. § 922(g)(1) Introduction In the case of United States of America v. Brent Howard, the United States Court of Appeals for the...
Clarification of "Specific Intent to Defraud" in Fraud Cases: United States v. Perez-Gorda

Clarification of "Specific Intent to Defraud" in Fraud Cases: United States v. Perez-Gorda

Date: Sep 20, 2024
Clarification of "Specific Intent to Defraud" in Fraud Cases: United States v. Perez-Gorda Introduction The case of United States of America v. Josephine Casandra Perez-Gorda addresses significant...
Affirmation of 18 U.S.C. § 922(g)(1) as Consistent with Second Amendment Tradition: United States v. Diaz

Affirmation of 18 U.S.C. § 922(g)(1) as Consistent with Second Amendment Tradition: United States v. Diaz

Date: Sep 19, 2024
Affirmation of 18 U.S.C. § 922(g)(1) as Consistent with Second Amendment Tradition: United States v. Diaz Introduction In the landmark case of United States of America v. Ronnie Diaz, Jr., the United...
Judicial Estoppel Enforces Trust Agreement Obligations: Affirmation of Summary Judgment in Occidental Petroleum v. Wells Fargo

Judicial Estoppel Enforces Trust Agreement Obligations: Affirmation of Summary Judgment in Occidental Petroleum v. Wells Fargo

Date: Sep 19, 2024
Judicial Estoppel Enforces Trust Agreement Obligations: Affirmation of Summary Judgment in Occidental Petroleum v. Wells Fargo Introduction In the case of Occidental Petroleum Corporation v. Wells...
Favorable Termination Requirement Reinforced for §1983 Claims Challenging Tainted Convictions

Favorable Termination Requirement Reinforced for §1983 Claims Challenging Tainted Convictions

Date: Sep 14, 2024
Favorable Termination Requirement Reinforced for §1983 Claims Challenging Tainted Convictions Introduction In the case of Erma Wilson v. Midland County, Texas, the United States Court of Appeals for...
Strict Enforcement of Diversity Jurisdiction Requirements in J.A. Masters Investments v. Beltramini

Strict Enforcement of Diversity Jurisdiction Requirements in J.A. Masters Investments v. Beltramini

Date: Sep 10, 2024
Strict Enforcement of Diversity Jurisdiction Requirements in J.A. Masters Investments v. Beltramini Introduction In the appellate decision of J.A. Masters Investments; K.G. Investments v. Eduardo...
Strengthening Causation Standards in Toxic Tort and Maritime Emotional Injury Claims: Fifth Circuit Affirms Summary Judgment in BP Deepwater Horizon Case

Strengthening Causation Standards in Toxic Tort and Maritime Emotional Injury Claims: Fifth Circuit Affirms Summary Judgment in BP Deepwater Horizon Case

Date: Sep 7, 2024
Strengthening Causation Standards in Toxic Tort and Maritime Emotional Injury Claims: Fifth Circuit Affirms Summary Judgment in BP Deepwater Horizon Case Introduction The case of John Wunstell, Jr....
Second Amendment and Firearm Possession Restrictions for Unlawful Substance Users

Second Amendment and Firearm Possession Restrictions for Unlawful Substance Users

Date: Aug 29, 2024
Second Amendment and Firearm Possession Restrictions for Unlawful Substance Users Introduction In the landmark case United States of America v. Paola Connelly, the United States Court of Appeals for...
Affirmation of Jurisdictional Bar in Adjustment of Status Proceedings: Momin v. Jaddou

Affirmation of Jurisdictional Bar in Adjustment of Status Proceedings: Momin v. Jaddou

Date: Aug 29, 2024
Affirmation of Jurisdictional Bar in Adjustment of Status Proceedings: Momin v. Jaddou Introduction Momin v. Jaddou is a pivotal case adjudicated by the United States Court of Appeals for the Fifth...
Standard for Bifurcating Liability and Damages Phases in Civil Rights Cases Under 42 U.S.C. §1983

Standard for Bifurcating Liability and Damages Phases in Civil Rights Cases Under 42 U.S.C. §1983

Date: Aug 29, 2024
Standard for Bifurcating Liability and Damages Phases in Civil Rights Cases Under 42 U.S.C. §1983 Introduction In the case of Frances Earline Sims v. City of Jasper, Texas, adjudicated by the United...
Second Amendment Protections Do Not Extend to Illegal Aliens: Upholding 18 U.S.C. § 922(g)(5) in Light of Bruen and Rahimi

Second Amendment Protections Do Not Extend to Illegal Aliens: Upholding 18 U.S.C. § 922(g)(5) in Light of Bruen and Rahimi

Date: Aug 28, 2024
Second Amendment Protections Do Not Extend to Illegal Aliens: Upholding 18 U.S.C. § 922(g)(5) in Light of Bruen and Rahimi Introduction The case of United States of America v. Jose Paz Medina-Cantu...
Affirmation of Summary Judgment in Fernando Yates v. Spring Independent School District Establishes Clear Standards for Adverse Employment Actions Under ADEA

Affirmation of Summary Judgment in Fernando Yates v. Spring Independent School District Establishes Clear Standards for Adverse Employment Actions Under ADEA

Date: Aug 27, 2024
Affirmation of Summary Judgment in Fernando Yates v. Spring Independent School District Establishes Clear Standards for Adverse Employment Actions Under ADEA Introduction The recent decision in...
Stevenson v. Toce & Lavespere: Establishing Deliberate Indifference Standards in Eighth Amendment Prison Medical Negligence Claims

Stevenson v. Toce & Lavespere: Establishing Deliberate Indifference Standards in Eighth Amendment Prison Medical Negligence Claims

Date: Aug 23, 2024
Stevenson v. Toce & Lavespere: Establishing Deliberate Indifference Standards in Eighth Amendment Prison Medical Negligence Claims Introduction In the landmark case of Stevenson v. Toce & Lavespere,...
5th Circuit Clarifies Bankruptcy and Federal Question Jurisdiction in Fifth Amendment Takings Claims – Porretto v. City of Galveston

5th Circuit Clarifies Bankruptcy and Federal Question Jurisdiction in Fifth Amendment Takings Claims – Porretto v. City of Galveston

Date: Aug 22, 2024
5th Circuit Clarifies Bankruptcy and Federal Question Jurisdiction in Fifth Amendment Takings Claims – Porretto v. City of Galveston Introduction In the case of Sonya Porretto v. The City of...
Affirmation of Vexatious Litigant Restrictions: Fifth Circuit Upholds Texas Chapter 11 Statute

Affirmation of Vexatious Litigant Restrictions: Fifth Circuit Upholds Texas Chapter 11 Statute

Date: Aug 20, 2024
Affirmation of Vexatious Litigant Restrictions: Fifth Circuit Upholds Texas Chapter 11 Statute Introduction In the appellate case Christine Reule et al. v. Honorable Reeve Jackson et al., the United...
Affirming the Primacy of Express Contracts and Limiting Quantum Meruit and Miller Act Claims in Admiralty Jurisdiction: Analysis of Diamond Services Corp. v. RLB Contracting et al.

Affirming the Primacy of Express Contracts and Limiting Quantum Meruit and Miller Act Claims in Admiralty Jurisdiction: Analysis of Diamond Services Corp. v. RLB Contracting et al.

Date: Aug 17, 2024
Affirming the Primacy of Express Contracts and Limiting Quantum Meruit and Miller Act Claims in Admiralty Jurisdiction: Analysis of Diamond Services Corp. v. RLB Contracting et al. Introduction The...
Geofence Warrants Deemed Unconstitutional under the Fourth Amendment

Geofence Warrants Deemed Unconstitutional under the Fourth Amendment

Date: Aug 10, 2024
Geofence Warrants Deemed Unconstitutional under the Fourth Amendment Introduction In the landmark case of United States of America v. Jamarr Smith; Thomas Iroko Ayodele; Gilbert McThunel, II, the...
Fifth Circuit Establishes Criteria for Eleventh Amendment Immunity in Whistleblower Claims Against Charter Schools

Fifth Circuit Establishes Criteria for Eleventh Amendment Immunity in Whistleblower Claims Against Charter Schools

Date: Aug 10, 2024
Fifth Circuit Establishes Criteria for Eleventh Amendment Immunity in Whistleblower Claims Against Charter Schools Introduction In the case of Deroald Hopkins v. Wayside Schools, the United States...
Rational Basis Affirmed for Employment Termination Due to Personal Relationships

Rational Basis Affirmed for Employment Termination Due to Personal Relationships

Date: Aug 8, 2024
Rational Basis Affirmed for Employment Termination Due to Personal Relationships Introduction The case of Stacie Dellucky & Frank Dellucky v. St. George Fire Protection District & Gerard C. Tarleton...
Negligent Undertaking in Federal Facilities: Analysis of Barron v. United States

Negligent Undertaking in Federal Facilities: Analysis of Barron v. United States

Date: Aug 7, 2024
Negligent Undertaking in Federal Facilities: Analysis of Barron v. United States Introduction In the landmark case of Rogelio Barron et al. v. United States of America, the United States Court of...
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