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  • Commentaries
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5th Circuit Case Commentaries

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...
Strict Adherence to One-Year Limitation in Successive 28 U.S.C. § 2244 Petitions: Analysis of In re Arthur Lee Burton

Strict Adherence to One-Year Limitation in Successive 28 U.S.C. § 2244 Petitions: Analysis of In re Arthur Lee Burton

Date: Aug 6, 2024
Strict Adherence to One-Year Limitation in Successive 28 U.S.C. § 2244 Petitions: Analysis of In re Arthur Lee Burton Introduction In re Arthur Lee Burton is a significant appellate decision rendered...
Reaffirming the Standard for Reasonable Suspicion in Vehicle Stops: Hankins v. Wheeler

Reaffirming the Standard for Reasonable Suspicion in Vehicle Stops: Hankins v. Wheeler

Date: Aug 2, 2024
Reaffirming the Standard for Reasonable Suspicion in Vehicle Stops: Hankins v. Wheeler Introduction In the landmark case Bilal Hankins v. Kevin Wheeler et al., the United States Court of Appeals for...
Establishing Reasonable Suspicion Through Traffic Violations: United States v. Palmer

Establishing Reasonable Suspicion Through Traffic Violations: United States v. Palmer

Date: Aug 2, 2024
Establishing Reasonable Suspicion Through Traffic Violations: United States v. Palmer Introduction In the case of United States of America v. Quincy Palmer, the Fifth Circuit Court of Appeals...
Affirmation of Felon Firearm Possession Conviction Under Enhanced Sentencing Guidelines

Affirmation of Felon Firearm Possession Conviction Under Enhanced Sentencing Guidelines

Date: Aug 2, 2024
Affirmation of Felon Firearm Possession Conviction Under Enhanced Sentencing Guidelines Introduction In the case of United States of America v. Bay Travon Wilson, the United States Court of Appeals...
Interstate Commerce Definition in Motor Carrier Act: Escobedo v. Ace Gathering, Inc. Analysis

Interstate Commerce Definition in Motor Carrier Act: Escobedo v. Ace Gathering, Inc. Analysis

Date: Aug 1, 2024
Interstate Commerce Definition in Motor Carrier Act: Escobedo v. Ace Gathering, Inc. Analysis Introduction The case of Elizabeth Escobedo, Plaintiff-Appellee, v. Ace Gathering, Incorporated,...
Waiver-Based Remand Orders as Jurisdictional Under 28 U.S.C. §1447: Analysis of ABN & Stogner v. Festeryga

Waiver-Based Remand Orders as Jurisdictional Under 28 U.S.C. §1447: Analysis of ABN & Stogner v. Festeryga

Date: Jul 26, 2024
Waiver-Based Remand Orders as Jurisdictional Under 28 U.S.C. §1447: Analysis of ABN & Stogner v. Festeryga Introduction The case of Abraham Watkins Nichols Agosto Aziz & Stogner, Plaintiff-Appellee,...
Fifth Circuit Upholds Resolution of Contractual Ambiguity Against Drafter in Keiland Construction v. Weeks Marine

Fifth Circuit Upholds Resolution of Contractual Ambiguity Against Drafter in Keiland Construction v. Weeks Marine

Date: Jul 26, 2024
Fifth Circuit Upholds Resolution of Contractual Ambiguity Against Drafter in Keiland Construction v. Weeks Marine Introduction Keiland Construction, L.L.C. (hereinafter "Keiland") and Weeks Marine,...
Enhancing Pleading Standards: The Settoon Towing Decision on Multi-Defendant Liability

Enhancing Pleading Standards: The Settoon Towing Decision on Multi-Defendant Liability

Date: Jul 25, 2024
Enhancing Pleading Standards: The Settoon Towing Decision on Multi-Defendant Liability Introduction In the landmark case Settoon Towing, L.L.C. et al. v. Terrance M. Shelley et al., decided by the...
Fifth Circuit Reverses Bankruptcy Fraud Conviction Due to Improper Indictment Sealing: A New Precedent on Statute of Limitations Tolling

Fifth Circuit Reverses Bankruptcy Fraud Conviction Due to Improper Indictment Sealing: A New Precedent on Statute of Limitations Tolling

Date: Jul 24, 2024
Fifth Circuit Reverses Bankruptcy Fraud Conviction Due to Improper Indictment Sealing: A New Precedent on Statute of Limitations Tolling Introduction In the case of United States of America v. Joseph...
Affirmation of Municipal Proactive Inspection Programs under Constitutional Standards: SO Apartments v. City of San Antonio

Affirmation of Municipal Proactive Inspection Programs under Constitutional Standards: SO Apartments v. City of San Antonio

Date: Jul 24, 2024
Affirmation of Municipal Proactive Inspection Programs under Constitutional Standards: SO Apartments v. City of San Antonio Introduction In the case of SO Apartments, L.L.C.; Station at Elm Creek,...
Inclusion of Similar Misdemeanor Offenses in Criminal History Points: Insights from United States v. Hildreth

Inclusion of Similar Misdemeanor Offenses in Criminal History Points: Insights from United States v. Hildreth

Date: Jul 23, 2024
Inclusion of Similar Misdemeanor Offenses in Criminal History Points: Insights from United States v. Hildreth Introduction In the case of United States of America v. Taylor Hildreth, the United...
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