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  • Commentaries
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5th Circuit Case Commentaries

Fifth Circuit Limits SEC Authority in Regulating Private Fund Advisers

Fifth Circuit Limits SEC Authority in Regulating Private Fund Advisers

Date: Jun 6, 2024
Fifth Circuit Limits SEC Authority in Regulating Private Fund Advisers Introduction In the case of National Association of Private Fund Managers et al. v. Securities and Exchange Commission (103...
Establishing 'Careful Procedure' for Qualified Immunity-Related Discovery: Asante-Chioke v. Dowdle & Davis

Establishing 'Careful Procedure' for Qualified Immunity-Related Discovery: Asante-Chioke v. Dowdle & Davis

Date: Jun 6, 2024
Establishing 'Careful Procedure' for Qualified Immunity-Related Discovery: Asante-Chioke v. Dowdle & Davis Introduction In the landmark case of Malikah Asante-Chioke v. Nicholas Dowdle and Lamar A....
Arbitration Clauses in Surplus Lines Insurance Policies Void Under Louisiana Statute § 22:868

Arbitration Clauses in Surplus Lines Insurance Policies Void Under Louisiana Statute § 22:868

Date: Jun 6, 2024
Arbitration Clauses in Surplus Lines Insurance Policies Void Under Louisiana Statute § 22:868 Introduction In the landmark case of S. K. A. V., L.L.C. v. Independent Specialty Insurance Company, the...
Reaffirmation of 'Open and Obvious' Doctrine in Texas Premises Liability: Sanchez v. Dolgencorp

Reaffirmation of 'Open and Obvious' Doctrine in Texas Premises Liability: Sanchez v. Dolgencorp

Date: Jun 6, 2024
Reaffirmation of 'Open and Obvious' Doctrine in Texas Premises Liability: Sanchez v. Dolgencorp Introduction The case of Cassandra Lea Sanchez v. Dolgencorp of Texas, Incorporated addresses critical...
Allocution Rights Affirmed: Comprehensive Analysis of United States v. Lafleur

Allocution Rights Affirmed: Comprehensive Analysis of United States v. Lafleur

Date: Jun 6, 2024
Allocution Rights Affirmed: Comprehensive Analysis of United States v. Lafleur Introduction In the landmark case United States of America v. Charles Dirk Lafleur, the United States Court of Appeals...
5th Circuit Establishes Expanded First Amendment Standing and Limits Restrictive Local Rules in AAPS v. ABIM et al

5th Circuit Establishes Expanded First Amendment Standing and Limits Restrictive Local Rules in AAPS v. ABIM et al

Date: Jun 4, 2024
5th Circuit Establishes Expanded First Amendment Standing and Limits Restrictive Local Rules in AAPS v. ABIM et al Introduction The United States Court of Appeals for the Fifth Circuit delivered a...
Fifth Circuit Sets Precedent on Res Judicata and Personal Jurisdiction: Dismissal Should Be Without Prejudice

Fifth Circuit Sets Precedent on Res Judicata and Personal Jurisdiction: Dismissal Should Be Without Prejudice

Date: Jun 4, 2024
Fifth Circuit Sets Precedent on Res Judicata and Personal Jurisdiction: Dismissal Should Be Without Prejudice Introduction In the case of Glen Pace v. Cirrus Design Corporation, the United States...
Clarifying the Limits of Qualified Immunity in First Amendment Retaliation and Conspiracy Claims: The Bevill v. Wheeler Decision

Clarifying the Limits of Qualified Immunity in First Amendment Retaliation and Conspiracy Claims: The Bevill v. Wheeler Decision

Date: May 31, 2024
Clarifying the Limits of Qualified Immunity in First Amendment Retaliation and Conspiracy Claims: The Bevill v. Wheeler Decision Introduction The case of Terry Bevill v. James Wheeler et al. (103...
Act of State Doctrine Applied in Art Restitution: Emden v. Museum of Fine Arts, Houston

Act of State Doctrine Applied in Art Restitution: Emden v. Museum of Fine Arts, Houston

Date: May 30, 2024
Act of State Doctrine Applied in Art Restitution: Emden v. Museum of Fine Arts, Houston Introduction The case of Juan Carlos Emden; Nicolas Emden; Michel Emden v. The Museum of Fine Arts, Houston...
Enforceability of Disclaimer of Reliance Clauses in Fraud Claims: Insights from Cory v. Stewart and O'Connor

Enforceability of Disclaimer of Reliance Clauses in Fraud Claims: Insights from Cory v. Stewart and O'Connor

Date: May 30, 2024
Enforceability of Disclaimer of Reliance Clauses in Fraud Claims: Insights from Cory v. Stewart and O'Connor Introduction In the case of Jason Cory, Plaintiff-Appellee, v. Michael Stewart; Tammy...
United States v. Woods: Clarifying Supervised Release Conditions and Upholding Above-Guidelines Sentencing

United States v. Woods: Clarifying Supervised Release Conditions and Upholding Above-Guidelines Sentencing

Date: May 29, 2024
United States v. Woods: Clarifying Supervised Release Conditions and Upholding Above-Guidelines Sentencing Introduction In the case of United States of America v. Darion Benjamin Woods, the United...
Delegation of Class Arbitrability to Arbitrators Under JAMS Rules

Delegation of Class Arbitrability to Arbitrators Under JAMS Rules

Date: May 29, 2024
Delegation of Class Arbitrability to Arbitrators Under JAMS Rules Introduction The case of Joseph Work, Plaintiff-Appellee, v. Intertek Resource Solutions, Incorporated, Defendant-Appellant, decided...
Remand Entitlement on Improper Joinder in Diversity Jurisdiction Cases: Analysis of Palmquist v. Hain Celestial Group and Whole Foods Market

Remand Entitlement on Improper Joinder in Diversity Jurisdiction Cases: Analysis of Palmquist v. Hain Celestial Group and Whole Foods Market

Date: May 29, 2024
Remand Entitlement on Improper Joinder in Diversity Jurisdiction Cases: Analysis of Palmquist v. Hain Celestial Group and Whole Foods Market Introduction In the case of Sarah Palmquist, Individually...
Reaffirmation of Strict Standards for Exceptional Hardship in Cancellation of Removal: Insights from Gomez-Vargas v. Garland

Reaffirmation of Strict Standards for Exceptional Hardship in Cancellation of Removal: Insights from Gomez-Vargas v. Garland

Date: May 29, 2024
Reaffirmation of Strict Standards for Exceptional Hardship in Cancellation of Removal: Insights from Gomez-Vargas v. Garland Introduction The case of Rafael Gomez-Vargas v. Merrick Garland, U.S....
Thryv Inc. v. NLRB: Establishing the Boundaries of Management Rights Clauses at Impasse

Thryv Inc. v. NLRB: Establishing the Boundaries of Management Rights Clauses at Impasse

Date: May 25, 2024
Thryv Inc. v. NLRB: Establishing the Boundaries of Management Rights Clauses at Impasse Introduction The case of Thryv, Incorporated v. National Labor Relations Board, reported as 102 F.4th 727 and...
Reaffirming the Salary Basis Test: Insights from Gentry v. Hamilton-Ryker IT Solutions

Reaffirming the Salary Basis Test: Insights from Gentry v. Hamilton-Ryker IT Solutions

Date: May 25, 2024
Reaffirming the Salary Basis Test: Insights from Gentry v. Hamilton-Ryker IT Solutions Introduction The case of Terry Gentry, on behalf of himself and all others similarly situated,...
Federal Preemption of State Failure-to-Warn Claims in Pharmaceutical Litigation

Federal Preemption of State Failure-to-Warn Claims in Pharmaceutical Litigation

Date: May 25, 2024
Federal Preemption of State Failure-to-Warn Claims in Pharmaceutical Litigation Introduction In the case of Tina Hickey; Hilda Adams; Gloria J. Cooper; Carol R. Woodson, Plaintiffs-Appellees, v....
Deliberate Indifference in Pretrial Detainee Medical Care: Ford v. Anderson County

Deliberate Indifference in Pretrial Detainee Medical Care: Ford v. Anderson County

Date: May 23, 2024
Deliberate Indifference in Pretrial Detainee Medical Care: Ford v. Anderson County Introduction The case of Amber Ford et al. v. Anderson County et al., adjudicated by the United States Court of...
Fifth Circuit Sets New Precedent on Direct Evidence in Racial Discrimination Under Title II: Hager v. Brinker Texas

Fifth Circuit Sets New Precedent on Direct Evidence in Racial Discrimination Under Title II: Hager v. Brinker Texas

Date: May 23, 2024
Fifth Circuit Sets New Precedent on Direct Evidence in Racial Discrimination Under Title II: Hager v. Brinker Texas Introduction In the landmark case of Sharnez Hager v. Brinker Texas, Incorporated,...
Failure to Timely Notify: A New Precedent in ADA Accommodation Requests

Failure to Timely Notify: A New Precedent in ADA Accommodation Requests

Date: May 22, 2024
Failure to Timely Notify: A New Precedent in ADA Accommodation Requests Introduction The case of Lauren Versaggi v. KLS Martin, L.P. addresses critical issues surrounding the application of the...
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