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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

Affirmative Defense Clarified: §5845(f) Exception Not an Element of Offense in Destructive Device Cases

Affirmative Defense Clarified: §5845(f) Exception Not an Element of Offense in Destructive Device Cases

Date: Apr 13, 2024
Affirmative Defense Clarified: §5845(f) Exception Not an Element of Offense in Destructive Device Cases Introduction In the case of United States of America v. Elden Don Brannan, adjudicated by the...
Free Exercise of Religion and Municipal Development: Perez v. City of San Antonio

Free Exercise of Religion and Municipal Development: Perez v. City of San Antonio

Date: Apr 12, 2024
Free Exercise of Religion and Municipal Development: Perez v. City of San Antonio Introduction In the case of Gary Perez; Matilde Torres, Plaintiffs-Appellants, v. City of San Antonio,...
Enhancing Religious Accommodations in Prisons: The Lozano Decision

Enhancing Religious Accommodations in Prisons: The Lozano Decision

Date: Apr 12, 2024
Enhancing Religious Accommodations in Prisons: The Lozano Decision Introduction The case of Eric Demond Lozano versus Bryan Collier, Lorie Davis, and Lettie Watkins marks a significant development in...
Fifth Circuit Reaffirms ERISA Fiduciary Duty Standards in Plan Mismanagement Case

Fifth Circuit Reaffirms ERISA Fiduciary Duty Standards in Plan Mismanagement Case

Date: Apr 12, 2024
Fifth Circuit Reaffirms ERISA Fiduciary Duty Standards in Plan Mismanagement Case Introduction In the case of Perkins et al. v. United Surgical Partners International, Inc., the United States Court...
Procedural Interplay Between MTCA and MWPA: Johnson v. Miller et al.

Procedural Interplay Between MTCA and MWPA: Johnson v. Miller et al.

Date: Apr 11, 2024
Procedural Interplay Between MTCA and MWPA: Johnson v. Miller et al. Introduction Mark Johnson v. George Miller, Sr., Donald Mitchell, and Clarksdale Public Utilities Commission is a pivotal case...
Enforcement of Policy Valuation Provisions: Actual Cash Value Prevails Over Replacement Cost in Kahlig v. Affiliated FM Insurance

Enforcement of Policy Valuation Provisions: Actual Cash Value Prevails Over Replacement Cost in Kahlig v. Affiliated FM Insurance

Date: Apr 11, 2024
Enforcement of Policy Valuation Provisions: Actual Cash Value Prevails Over Replacement Cost in Kahlig Enterprises, Inc. v. Affiliated FM Insurance Company Introduction Kahlig Enterprises,...
5th Circuit Affirms INA's §1252(a)(2)(B): Limiting Judicial Review of Visa Allocation Policies

5th Circuit Affirms INA's §1252(a)(2)(B): Limiting Judicial Review of Visa Allocation Policies

Date: Apr 10, 2024
5th Circuit Affirms INA's §1252(a)(2)(B): Limiting Judicial Review of Visa Allocation Policies Introduction In the appellate case Ashok Kumar Cheejati et al. v. Antony Blinken et al., the United...
Fifth Circuit Reaffirms Strict Timeliness Requirements and Ellerth/Faragher Defense in Title VII Sexual Harassment Cases

Fifth Circuit Reaffirms Strict Timeliness Requirements and Ellerth/Faragher Defense in Title VII Sexual Harassment Cases

Date: Apr 9, 2024
Fifth Circuit Reaffirms Strict Timeliness Requirements and Ellerth/Faragher Defense in Title VII Sexual Harassment Cases Introduction In the case of Candace E. Taylor v. Denis McDonough, Secretary,...
Affirmation of Qualified Immunity in Clay County Jail Death Case

Affirmation of Qualified Immunity in Clay County Jail Death Case

Date: Apr 9, 2024
Affirmation of Qualified Immunity in Clay County Jail Death Case Introduction The case of Culberson v. Clay County involves the wrongful death of Dale O'Neal, a pre-trial detainee who was murdered by...
Mandamus Granted in In re Fort Worth Chamber of Commerce: Clarifying Jurisdictional Boundaries in Appeals

Mandamus Granted in In re Fort Worth Chamber of Commerce: Clarifying Jurisdictional Boundaries in Appeals

Date: Apr 6, 2024
Mandamus Granted in In re Fort Worth Chamber of Commerce: Clarifying Jurisdictional Boundaries in Appeals Introduction The case of In re Fort Worth Chamber of Commerce (98 F.4th 265) addresses...
Strict Adherence to Discovery Requirements Crucial for Overcoming Summary Judgment: Mandawala v. Baptist School of Health Professions

Strict Adherence to Discovery Requirements Crucial for Overcoming Summary Judgment: Mandawala v. Baptist School of Health Professions

Date: Apr 5, 2024
Strict Adherence to Discovery Requirements Crucial for Overcoming Summary Judgment: Mandawala v. Baptist School of Health Professions Introduction In the case of Symon Mandawala v. Baptist School of...
Affirmation of Dismissal of RICO Claims: Requirements for Establishing a Sufficient Pattern of Racketeering Activity

Affirmation of Dismissal of RICO Claims: Requirements for Establishing a Sufficient Pattern of Racketeering Activity

Date: Apr 5, 2024
Affirmation of Dismissal of RICO Claims: Requirements for Establishing a Sufficient Pattern of Racketeering Activity Introduction In the appellate case D&T Partners, L.L.C. v. Baymark Partners...
Limits of Bankruptcy Courts' Civil Contempt Powers: Insights from Highland Capital Management v. Dondero

Limits of Bankruptcy Courts' Civil Contempt Powers: Insights from Highland Capital Management v. Dondero

Date: Apr 5, 2024
Limits of Bankruptcy Courts' Civil Contempt Powers: Insights from Highland Capital Management v. Dondero Introduction The case of Highland Capital Management, L.P. v. Highland Capital Management,...
Miller v. Michaels Stores: Affirmation of Summary Judgment in Negligence Claims Under Louisiana Law

Miller v. Michaels Stores: Affirmation of Summary Judgment in Negligence Claims Under Louisiana Law

Date: Apr 5, 2024
Miller v. Michaels Stores: Affirmation of Summary Judgment in Negligence Claims Under Louisiana Law Introduction In the case of Susan Miller v. Michaels Stores, Incorporated, adjudicated by the...
New Precedent: Fifth Circuit Reverses Denial of Preliminary Injunction Against Dept. of Education's Student Loan Discharge Regulations

New Precedent: Fifth Circuit Reverses Denial of Preliminary Injunction Against Dept. of Education's Student Loan Discharge Regulations

Date: Apr 5, 2024
New Precedent: Fifth Circuit Reverses Denial of Preliminary Injunction Against Dept. of Education's Student Loan Discharge Regulations Introduction In the landmark case of Career Colleges and Schools...
Plymouth Tube Co. v. Sheet Pile, L.L.C.: Affirmation of Summary Judgment on Breach of Contract and Fraud Claims

Plymouth Tube Co. v. Sheet Pile, L.L.C.: Affirmation of Summary Judgment on Breach of Contract and Fraud Claims

Date: Apr 4, 2024
Plymouth Tube Co. v. Sheet Pile, L.L.C.: Affirmation of Summary Judgment on Breach of Contract and Fraud Claims Introduction The case of Sheet Pile, L.L.C. v. Plymouth Tube Company, USA revolves...
Fifth Circuit Establishes Precedent on Insurance Coverage for Building Code-Enforced Repairs

Fifth Circuit Establishes Precedent on Insurance Coverage for Building Code-Enforced Repairs

Date: Apr 3, 2024
Fifth Circuit Establishes Precedent on Insurance Coverage for Building Code-Enforced Repairs Introduction In the case of Carl Schnell; Mary Ellen Schnell v. State Farm Lloyds, the United States Court...
Mootness and Standing: Comprehensive Analysis of Jackson Municipal Airport Authority v. Appellants

Mootness and Standing: Comprehensive Analysis of Jackson Municipal Airport Authority v. Appellants

Date: Apr 3, 2024
Mootness and Standing: Comprehensive Analysis of Jackson Municipal Airport Authority v. Appellants Introduction The case of Jackson Municipal Airport Authority; Board of Commissioners of the Jackson...
Affirmation of Summary Judgment in Employment Discrimination Case: Brown v. San Antonio Food Bank

Affirmation of Summary Judgment in Employment Discrimination Case: Brown v. San Antonio Food Bank

Date: Mar 28, 2024
Affirmation of Summary Judgment in Employment Discrimination Case: Brown v. San Antonio Food Bank Introduction The case of Jacquelyn Zepora Brown v. San Antonio Food Bank represents a significant...
Reaffirming the Independence of ADA Claims from IDEA Exhaustion Requirement: Lartigue v. Northside ISD

Reaffirming the Independence of ADA Claims from IDEA Exhaustion Requirement: Lartigue v. Northside ISD

Date: Mar 27, 2024
Reaffirming the Independence of ADA Claims from IDEA Exhaustion Requirement: Lartigue v. Northside ISD Introduction Kaylee Lartigue, the plaintiff-appellant, initiated a lawsuit against the Northside...
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