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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

Establishing the Mens Rea Threshold in Controlled Substances Distribution: Qureshi v. USA and the Ruan Precedent

Establishing the Mens Rea Threshold in Controlled Substances Distribution: Qureshi v. USA and the Ruan Precedent

Date: Nov 22, 2024
Establishing the Mens Rea Threshold in Controlled Substances Distribution: Qureshi v. USA and the Ruan Precedent Introduction The case of United States of America v. Parvez Anjum Qureshi before the...
Ayorinde v. Team Industrial Services Inc.: Affirmation of Summary Judgment in Employment Discrimination Claims

Ayorinde v. Team Industrial Services Inc.: Affirmation of Summary Judgment in Employment Discrimination Claims

Date: Nov 9, 2024
Ayorinde v. Team Industrial Services Inc.: Affirmation of Summary Judgment in Employment Discrimination Claims Introduction The case of Taiwo Ayorinde versus Team Industrial Services Incorporated...
Fifth Circuit Upholds Burden on Defendant to Prove Invalid Waiver in Illegal Reentry After Deportation Cases

Fifth Circuit Upholds Burden on Defendant to Prove Invalid Waiver in Illegal Reentry After Deportation Cases

Date: Nov 9, 2024
Fifth Circuit Upholds Burden on Defendant to Prove Invalid Waiver in Illegal Reentry After Deportation Cases Introduction In the case of United States of America v. Jose Guadalupe Hernandez...
Enforceability of Appeal Waivers in Plea Agreements: United States v. Chaney

Enforceability of Appeal Waivers in Plea Agreements: United States v. Chaney

Date: Nov 9, 2024
Enforceability of Appeal Waivers in Plea Agreements: United States v. Chaney Introduction The case of United States of America v. Devin Chaney addresses the enforceability of appeal waivers within...
Strict Application of Statute of Limitations and Rule 15(c) in Amending Claims: Salas v. City of Galena Park

Strict Application of Statute of Limitations and Rule 15(c) in Amending Claims: Salas v. City of Galena Park

Date: Nov 9, 2024
Strict Application of Statute of Limitations and Rule 15(c) in Amending Claims: Salas v. City of Galena Park Introduction The case of Salas v. City of Galena Park revolves around the tragic death of...
Fifth Circuit Upholds Strict Standards for Facial Challenges to State Laws under the First Amendment

Fifth Circuit Upholds Strict Standards for Facial Challenges to State Laws under the First Amendment

Date: Nov 8, 2024
Fifth Circuit Upholds Strict Standards for Facial Challenges to State Laws under the First Amendment Introduction In the case of NetChoice, L.L.C. v. Ken Paxton, the United States Court of Appeals...
Reaffirmation of Monell Standards: Fifth Circuit Upholds Dismissal of §1983 Claims Against Dallas Police Department

Reaffirmation of Monell Standards: Fifth Circuit Upholds Dismissal of §1983 Claims Against Dallas Police Department

Date: Nov 7, 2024
Reaffirmation of Monell Standards: Fifth Circuit Upholds Dismissal of §1983 Claims Against Dallas Police Department Introduction In the case of Steven M. Monacelli v. City of Dallas, Texas and...
Affirmation of Debtor's Lack of Standing to Object to Claims in Bankruptcy Proceedings

Affirmation of Debtor's Lack of Standing to Object to Claims in Bankruptcy Proceedings

Date: Oct 12, 2024
Affirmation of Debtor's Lack of Standing to Object to Claims in Bankruptcy Proceedings Introduction The case of In the Matter of Ikechukwu H. Okorie Debtor v. Citizens Bank and others presents...
Affirmation of Federal Felon-in-Possession Conviction under 18 U.S.C. § 922(g)(1): A Comprehensive Analysis

Affirmation of Federal Felon-in-Possession Conviction under 18 U.S.C. § 922(g)(1): A Comprehensive Analysis

Date: Oct 11, 2024
Affirmation of Federal Felon-in-Possession Conviction under 18 U.S.C. § 922(g)(1): A Comprehensive Analysis Introduction The case of United States of America v. Jeroswaski Wayne Collette presents a...
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...
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