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  • Commentaries
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5th Circuit Case Commentaries

Affirmation of Brady and Giglio Protections in Felon Firearm Possession Cases

Affirmation of Brady and Giglio Protections in Felon Firearm Possession Cases

Date: Jul 10, 2024
Affirmation of Brady and Giglio Protections in Felon Firearm Possession Cases Introduction In the case of United States of America v. Braylon Ray Coulter, the United States Court of Appeals for the...
Affirmation of Dismissal in Monell Claims: Establishing the Necessity for Specificity and Pattern in Municipal Liability

Affirmation of Dismissal in Monell Claims: Establishing the Necessity for Specificity and Pattern in Municipal Liability

Date: Jul 9, 2024
Affirmation of Dismissal in Monell Claims: Establishing the Necessity for Specificity and Pattern in Municipal Liability Introduction The case of Jantzen Verastique et al. v. City of Dallas et al....
5th Circuit Declares HISA’s Enforcement Provisions Unconstitutional Under Private Nondelegation Doctrine

5th Circuit Declares HISA’s Enforcement Provisions Unconstitutional Under Private Nondelegation Doctrine

Date: Jul 6, 2024
5th Circuit Declares HISA’s Enforcement Provisions Unconstitutional Under Private Nondelegation Doctrine Introduction The case of National Horsemen's Benevolent and Protective Association; Arizona...
Affirming Bankruptcy Court's Authority to Enforce Sale Orders and Personal Property Turnover

Affirming Bankruptcy Court's Authority to Enforce Sale Orders and Personal Property Turnover

Date: Jul 3, 2024
Affirming Bankruptcy Court's Authority to Enforce Sale Orders and Personal Property Turnover Introduction In the appellate decision, In the Matter of RE Palm Springs II, L.L.C. Debtor, v. RE Palm...
Affirmation of Policy Exclusions in COVID-19 Business Interruption Claims

Affirmation of Policy Exclusions in COVID-19 Business Interruption Claims

Date: Jun 28, 2024
Affirmation of Policy Exclusions in COVID-19 Business Interruption Claims Introduction The appellate case of Baylor Scott &White Holdings v. Factory Mutual Insurance Company addresses a critical...
Strict Standards for Timely Amendment of Pleadings under FRCP 16(b)(4): Insights from Holston Banks v. John H. Spence

Strict Standards for Timely Amendment of Pleadings under FRCP 16(b)(4): Insights from Holston Banks v. John H. Spence

Date: Jun 27, 2024
Strict Standards for Timely Amendment of Pleadings under FRCP 16(b)(4): Insights from Holston Banks v. John H. Spence Introduction In the case of Holston Banks, III, Plaintiff-Appellant, v. John H....
Coleman County Jail Suicide Prevention Policies: A New Precedent in §1983 Claims

Coleman County Jail Suicide Prevention Policies: A New Precedent in §1983 Claims

Date: Jun 27, 2024
Coleman County Jail Suicide Prevention Policies: A New Precedent in §1983 Claims Introduction The case of Patsy K. Cope; Alex Isbell, as Dependent Administrator of, and on behalf of, the Estate of...
Strict Construction of Insurance Policies and Enforcement of Timely Claims Payments: Insights from FB Church v. CM Insurance

Strict Construction of Insurance Policies and Enforcement of Timely Claims Payments: Insights from FB Church v. CM Insurance

Date: Jun 27, 2024
Strict Construction of Insurance Policies and Enforcement of Timely Claims Payments: Insights from FB Church v. CM Insurance Introduction The case of First Baptist Church of Iowa, Louisiana,...
Affirmation of Precedent: Payment of Appraisal Awards Precludes Extra-Contractual Bad Faith Claims under Texas Law

Affirmation of Precedent: Payment of Appraisal Awards Precludes Extra-Contractual Bad Faith Claims under Texas Law

Date: Jun 26, 2024
Affirmation of Precedent: Payment of Appraisal Awards Precludes Extra-Contractual Bad Faith Claims under Texas Law Introduction In the case of Anthony Navarra; Katherine Navarra v. State Farm Lloyds,...
Comprehensive Analysis of United States v. Boukamp: Competency, Pro Se Representation, and Sentencing in Sexual Offense Cases

Comprehensive Analysis of United States v. Boukamp: Competency, Pro Se Representation, and Sentencing in Sexual Offense Cases

Date: Jun 26, 2024
Comprehensive Analysis of United States v. Boukamp: Competency, Pro Se Representation, and Sentencing in Sexual Offense Cases Introduction United States of America v. Thomas John Boukamp, 105 F.4th...
Fifth Circuit Rules Task Force Members as Unconstitutionally Appointed Principal Officers under the Appointments Clause

Fifth Circuit Rules Task Force Members as Unconstitutionally Appointed Principal Officers under the Appointments Clause

Date: Jun 22, 2024
Fifth Circuit Rules Task Force Members as Unconstitutionally Appointed Principal Officers under the Appointments Clause Introduction The case of Braidwood Management, Incorporated et al. v. Xavier...
Affirming State Sovereign Immunity in Election Code Enforcement: Fifth Circuit's Decision in Mi Familia Vota v. Ogg

Affirming State Sovereign Immunity in Election Code Enforcement: Fifth Circuit's Decision in Mi Familia Vota v. Ogg

Date: Jun 21, 2024
Affirming State Sovereign Immunity in Election Code Enforcement: Fifth Circuit's Decision in Mi Familia Vota v. Ogg Introduction The case of Mi Familia Vota; Marla Lopez; Marlon Lopez; Paul Rutledge,...
Affirmation of Economic Loss Doctrine in Aircraft Maintenance Negligence Case - Fifth Circuit

Affirmation of Economic Loss Doctrine in Aircraft Maintenance Negligence Case - Fifth Circuit

Date: Jun 19, 2024
Affirmation of Economic Loss Doctrine in Aircraft Maintenance Negligence Case - Fifth Circuit Introduction In the appellate case Aircraft Holding Solutions, L.L.C.; CH300, L.L.C. v. Learjet,...
Mandamus Relief in Venue Transfer Challenge: Fifth Circuit Sets New Precedent on §1404(a) Application

Mandamus Relief in Venue Transfer Challenge: Fifth Circuit Sets New Precedent on §1404(a) Application

Date: Jun 19, 2024
Mandamus Relief in Venue Transfer Challenge: Fifth Circuit Sets New Precedent on §1404(a) Application Introduction In the case In re Chamber of Commerce of the United States of America; Fort Worth...
Affirmation of Qualified Immunity in Excessive Force Claims: Roundtree v. Casanova

Affirmation of Qualified Immunity in Excessive Force Claims: Roundtree v. Casanova

Date: Jun 11, 2024
Affirmation of Qualified Immunity in Excessive Force Claims: Roundtree v. Casanova Introduction In the landmark case of Roundtree v. Casanova, the United States Court of Appeals for the Fifth Circuit...
Boundaries of Bivens Claims in Eighth Amendment Prison Medical Negligence: Vaughn v. Bassett et al.

Boundaries of Bivens Claims in Eighth Amendment Prison Medical Negligence: Vaughn v. Bassett et al.

Date: Jun 11, 2024
Boundaries of Bivens Claims in Eighth Amendment Prison Medical Negligence: Vaughn v. Bassett et al. Introduction In the case of Thomas A. Vaughn v. Richard Bassett, Lieutenant; Anselmo Padilla-Luna,...
Fifth Circuit Sanctions Attorney for Frivolous Litigation and Upholds Judicial Immunity in Adimora-Nweke v. McGraw

Fifth Circuit Sanctions Attorney for Frivolous Litigation and Upholds Judicial Immunity in Adimora-Nweke v. McGraw

Date: Jun 8, 2024
Fifth Circuit Sanctions Attorney for Frivolous Litigation and Upholds Judicial Immunity in Adimora-Nweke v. McGraw Introduction The case of Ernest Adimora-Nweke v. Steven C. McGraw et al.,...
Ensuring Due Process and Intervention Standards in Fifth Circuit: McClenny Moseley v. Equal Access Justice Fund

Ensuring Due Process and Intervention Standards in Fifth Circuit: McClenny Moseley v. Equal Access Justice Fund

Date: Jun 8, 2024
Ensuring Due Process and Intervention Standards in Fifth Circuit: McClenny Moseley v. Equal Access Justice Fund Introduction The case of McClenny Moseley & Associates, P.L.L.C. (MMA) versus Equal...
Age Discrimination in Hiring Practices: Thomas v. Dallas Independent School District

Age Discrimination in Hiring Practices: Thomas v. Dallas Independent School District

Date: Jun 8, 2024
Age Discrimination in Hiring Practices: Thomas v. Dallas Independent School District Introduction In the case of Deborah Ann Thomas v. Dallas Independent School District (DISD), the United States...
Affirmation of Due Process Compliance in Research Misconduct Proceedings: Yoon v. Garg et al.

Affirmation of Due Process Compliance in Research Misconduct Proceedings: Yoon v. Garg et al.

Date: Jun 7, 2024
Affirmation of Due Process Compliance in Research Misconduct Proceedings: Yoon v. Garg et al. Introduction In Jung-Hoon Yoon v. Nisha Garg; Carolee King; Daniel Sharphorn; Ben Raimer; Charles P....
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