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  • Commentaries
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5th Circuit Case Commentaries

Fieldwood Energy Judgment: Affirming Statutory Mootness under Section 363(m)

Fieldwood Energy Judgment: Affirming Statutory Mootness under Section 363(m)

Date: Feb 21, 2024
Fieldwood Energy LLC v. Appellants: Affirming Statutory Mootness under Section 363(m) Introduction The United States Court of Appeals for the Fifth Circuit, in In the Matter of Fieldwood Energy LLC...
Affirmation of Qualified Immunity and the Role of Video Evidence in Excessive Force Claims: Terrell v. Town of Woodworth

Affirmation of Qualified Immunity and the Role of Video Evidence in Excessive Force Claims: Terrell v. Town of Woodworth

Date: Feb 20, 2024
Affirmation of Qualified Immunity and the Role of Video Evidence in Excessive Force Claims: Terrell v. Town of Woodworth Introduction In the case of Quentin Terrell v. Town of Woodworth et al., the...
Affirmation of One-Year Prescriptive Period for Section 1983 Police Brutality Claims in Brown v. Pouncy

Affirmation of One-Year Prescriptive Period for Section 1983 Police Brutality Claims in Brown v. Pouncy

Date: Feb 20, 2024
Affirmation of One-Year Prescriptive Period for Section 1983 Police Brutality Claims in Brown v. Pouncy Introduction In the case of Jarius Brown v. Javarrea Pouncy; John Doe #1; John Doe #2, 93 F.4th...
Application of the Speedy Trial Act During a Pandemic: Analysis of United States v. Gordon

Application of the Speedy Trial Act During a Pandemic: Analysis of United States v. Gordon

Date: Feb 17, 2024
Application of the Speedy Trial Act During a Pandemic: Analysis of United States v. Gordon Introduction The case of United States of America v. Carl Monroe Gordon delves into the intricate balance...
Expansion of Legislative Privilege: Non-Party Legislators Granted Standing on Appeal

Expansion of Legislative Privilege: Non-Party Legislators Granted Standing on Appeal

Date: Feb 17, 2024
Expansion of Legislative Privilege: Non-Party Legislators Granted Standing on Appeal Introduction The case of La Union del Pueblo Entero; Friendship-West Baptist Church; Southwest Voter Registration...
Occupational Liberty Interest Requires Effective Foreclosure: Fifth Circuit Reverses in Adams v. City of Harahan

Occupational Liberty Interest Requires Effective Foreclosure: Fifth Circuit Reverses in Adams v. City of Harahan

Date: Feb 17, 2024
Occupational Liberty Interest Requires Effective Foreclosure: Fifth Circuit Reverses in Adams v. City of Harahan Introduction In the landmark case of Manuel Adams, Jr. v. City of Harahan, the United...
Realistic Probability and Divisibility of State Drug Offenses in Immigration Removal: Alejos-Perez v. Garland

Realistic Probability and Divisibility of State Drug Offenses in Immigration Removal: Alejos-Perez v. Garland

Date: Feb 17, 2024
Realistic Probability and Divisibility of State Drug Offenses in Immigration Removal: Alejos-Perez v. Garland Introduction Mario Alberto Alejos-Perez, a Mexican citizen and lawful permanent resident...
Obstruction of Justice Enhancement Overruled in Ortega Case

Obstruction of Justice Enhancement Overruled in Ortega Case

Date: Feb 16, 2024
Obstruction of Justice Enhancement Overruled in Ortega Case Introduction The case of United States of America v. Miguel Angel Ortega (93 F.4th 278) presents a significant development in the...
5th Circuit Upholds Texas Supreme Court’s Interpretation of 'Final' Dismissal under Section 16.064(a)(2) in Rehabilitation Act Claims

5th Circuit Upholds Texas Supreme Court’s Interpretation of 'Final' Dismissal under Section 16.064(a)(2) in Rehabilitation Act Claims

Date: Feb 16, 2024
5th Circuit Upholds Texas Supreme Court’s Interpretation of 'Final' Dismissal under Section 16.064(a)(2) in Rehabilitation Act Claims Introduction The appellate case of Toni Marie Bullock v. The...
Enforceability of Oral Agreements Under Louisiana Law: Shaw v. Restoration Hardware

Enforceability of Oral Agreements Under Louisiana Law: Shaw v. Restoration Hardware

Date: Feb 16, 2024
Enforceability of Oral Agreements Under Louisiana Law: Shaw v. Restoration Hardware Introduction In Shaw v. Restoration Hardware, the United States Court of Appeals for the Fifth Circuit addressed...
Affirmation of Racketeering Conspiracy and Life Sentencing in US v. Blankenship & Chunn

Affirmation of Racketeering Conspiracy and Life Sentencing in US v. Blankenship & Chunn

Date: Feb 16, 2024
Affirmation of Racketeering Conspiracy and Life Sentencing in United States v. Blankenship & Chunn Introduction In the case of United States of America, Plaintiff-Appellee, v. Jesse Paul Blankenship;...
Ensuring Judicial Independence in Municipal Abatement Orders: Rhone v. City of Texas City

Ensuring Judicial Independence in Municipal Abatement Orders: Rhone v. City of Texas City

Date: Feb 15, 2024
Ensuring Judicial Independence in Municipal Abatement Orders: Rhone v. City of Texas City Introduction In the case of Thomas E. Rhone vs. City of Texas City, Texas (93 F.4th 762), the United States...
Fifth Circuit Affirms Denial of Sentence Reduction for Non-Retroactive Changes and Mandatory Life Terms in Cardenas

Fifth Circuit Affirms Denial of Sentence Reduction for Non-Retroactive Changes and Mandatory Life Terms in Cardenas

Date: Feb 15, 2024
Fifth Circuit Affirms Denial of Sentence Reduction for Non-Retroactive Changes and Mandatory Life Terms in Cardenas Introduction In the case of United States of America v. Julio Cesar Cardenas, the...
Affirmation of Qualified Immunity in Prolonged Traffic Stops: Weisshaus v. Teichelman

Affirmation of Qualified Immunity in Prolonged Traffic Stops: Weisshaus v. Teichelman

Date: Feb 15, 2024
Affirmation of Qualified Immunity in Prolonged Traffic Stops: Weisshaus v. Teichelman Introduction The case of Yoel Weisshaus v. Steve Coy Teichelman; 100th Judicial District addresses critical...
Time-Barred Claims Under Louisiana’s Statute of Limitations: 5th Circuit Affirms Dismissal in Brown v. City of Central

Time-Barred Claims Under Louisiana’s Statute of Limitations: 5th Circuit Affirms Dismissal in Brown v. City of Central

Date: Feb 13, 2024
Time-Barred Claims Under Louisiana’s Statute of Limitations: 5th Circuit Affirms Dismissal in Brown v. City of Central Introduction In the case of Howard Gary Brown v. City of Central et al., the...
Clarification Required on Time-Served Credits in Federal Sentencing: United States v. Gonzales

Clarification Required on Time-Served Credits in Federal Sentencing: United States v. Gonzales

Date: Feb 13, 2024
Clarification Required on Time-Served Credits in Federal Sentencing: United States v. Gonzales Introduction In the case of United States of America v. Christopher Gonzales, the United States Court of...
Cenikor Foundation v. Klick et al.: Establishing the Primary Beneficiary Test for FLSA Employee Status

Cenikor Foundation v. Klick et al.: Establishing the Primary Beneficiary Test for FLSA Employee Status

Date: Feb 10, 2024
Cenikor Foundation v. Klick et al.: Establishing the Primary Beneficiary Test for FLSA Employee Status Introduction In the landmark case of Cenikor Foundation v. Klick et al., the United States Court...
Gutierrez v. Saenz: Standing in Section 1983 Challenges to Postconviction DNA Testing for Capital Defendants

Gutierrez v. Saenz: Standing in Section 1983 Challenges to Postconviction DNA Testing for Capital Defendants

Date: Feb 9, 2024
Gutierrez v. Saenz: Standing in Section 1983 Challenges to Postconviction DNA Testing for Capital Defendants Introduction Ruben Gutierrez is a death row inmate whose legal battle has significantly...
Retroactive Application of Sentencing Guidelines: Fifth Circuit Affirms Above-Guidelines Sentence in Anderson v. United States

Retroactive Application of Sentencing Guidelines: Fifth Circuit Affirms Above-Guidelines Sentence in Anderson v. United States

Date: Feb 9, 2024
Retroactive Application of Sentencing Guidelines: Fifth Circuit Affirms Above-Guidelines Sentence in Anderson v. United States Introduction In the case of United States of America v. Shredewrick...
In Forma Pauperis Application Standards under 42 U.S.C. § 1983: Gibbs v. Jackson et al.

In Forma Pauperis Application Standards under 42 U.S.C. § 1983: Gibbs v. Jackson et al.

Date: Feb 7, 2024
In Forma Pauperis Application Standards under 42 U.S.C. § 1983: Gibbs v. Jackson et al. Introduction Larry Donnell Gibbs, the plaintiff-appellant, initiated a pro se civil rights lawsuit under 42...
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