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  • Commentaries
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5th Circuit Case Commentaries

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....
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...
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