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  • Commentaries
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5th Circuit Case Commentaries

Fifth Circuit Upholds LDEQ's Permitting Decisions: Affirming the Use of Significant Impact Levels and AP-42 Emission Factors under the Clean Air Act

Fifth Circuit Upholds LDEQ's Permitting Decisions: Affirming the Use of Significant Impact Levels and AP-42 Emission Factors under the Clean Air Act

Date: Apr 30, 2024
Fifth Circuit Upholds LDEQ's Permitting Decisions: Affirming the Use of Significant Impact Levels and AP-42 Emission Factors under the Clean Air Act Introduction In the landmark case Sierra Club v....
Kinsale Insurance Co. v. Flyin' Diesel: Fifth Circuit Establishes Strict Interpretation of CGL Policy Exclusions

Kinsale Insurance Co. v. Flyin' Diesel: Fifth Circuit Establishes Strict Interpretation of CGL Policy Exclusions

Date: Apr 27, 2024
Kinsale Insurance Co. v. Flyin' Diesel: Fifth Circuit Establishes Strict Interpretation of CGL Policy Exclusions Introduction In the landmark case of Kinsale Insurance Company v. Flyin' Diesel...
Affirmation of Expanded Background Checks for 18-20 Year Olds Under the Bipartisan Safer Communities Act

Affirmation of Expanded Background Checks for 18-20 Year Olds Under the Bipartisan Safer Communities Act

Date: Apr 27, 2024
Affirmation of Expanded Background Checks for 18-20 Year Olds Under the Bipartisan Safer Communities Act Introduction The case Ethan McRorey; Kaylee Flores; Gun Owners of America, Incorporated; Gun...
Procedural Requirements for Sentencing Guideline Variances Confirmed: Analysis of United States v. Perkins

Procedural Requirements for Sentencing Guideline Variances Confirmed: Analysis of United States v. Perkins

Date: Apr 26, 2024
Procedural Requirements for Sentencing Guideline Variances Confirmed: Analysis of United States v. Perkins Introduction In United States of America v. Thomas Scott Perkins, 99 F.4th 804 (2024), the...
Trustee Exclusivity and Judicial Estoppel in Bankruptcy Fraudulent Conveyance Claims: Salubrio v. Terry

Trustee Exclusivity and Judicial Estoppel in Bankruptcy Fraudulent Conveyance Claims: Salubrio v. Terry

Date: Apr 26, 2024
Trustee Exclusivity and Judicial Estoppel in Bankruptcy Fraudulent Conveyance Claims: Salubrio v. Terry Introduction The case of In the Matter of Salubrio, L.L.C., Debtor, v. Eric Terry, Trustee,...
Enhancing Fairness in Class Certification: Georgia Firefighters' Pension Fund v. Anadarko Petroleum Corp.

Enhancing Fairness in Class Certification: Georgia Firefighters' Pension Fund v. Anadarko Petroleum Corp.

Date: Apr 26, 2024
Enhancing Fairness in Class Certification: Georgia Firefighters' Pension Fund v. Anadarko Petroleum Corp. Introduction In the landmark case Georgia Firefighters' Pension Fund v. Anadarko Petroleum...
United States v. Sterling: Affirming Sixth Amendment Rights in Pro Se Representation and Competency Hearings

United States v. Sterling: Affirming Sixth Amendment Rights in Pro Se Representation and Competency Hearings

Date: Apr 26, 2024
United States v. Sterling: Affirming Sixth Amendment Rights in Pro Se Representation and Competency Hearings Introduction In the appellate case of United States of America v. Elliott Sterling (99...
Affirmation of Non-Party Appellants' Standing in Interlocutory Discovery Appeals: United States v. Fluitt

Affirmation of Non-Party Appellants' Standing in Interlocutory Discovery Appeals: United States v. Fluitt

Date: Apr 25, 2024
Affirmation of Non-Party Appellants' Standing in Interlocutory Discovery Appeals: United States v. Fluitt Introduction In the case of United States of America v. George M. Fluitt, III, the United...
Maritime Negligence and Contractual Obligations: Insights from Paragon Asset Company v. Signet Maritime Corporation

Maritime Negligence and Contractual Obligations: Insights from Paragon Asset Company v. Signet Maritime Corporation

Date: Apr 25, 2024
Maritime Negligence and Contractual Obligations: Insights from Paragon Asset Company v. Signet Maritime Corporation Introduction The case of Paragon Asset Company, Limited v. Signet Maritime...
Expanded Applicability of §523(a) Discharge Exceptions in Subchapter V Proceedings

Expanded Applicability of §523(a) Discharge Exceptions in Subchapter V Proceedings

Date: Apr 18, 2024
Expanded Applicability of §523(a) Discharge Exceptions in Subchapter V Proceedings Introduction The case In the Matter of GFS Industries, L.L.C. Debtor, v. GFS Industries, L.L.C., Appellee. Avion...
Fifth Circuit Affirms Dismissal of Successive Habeas Petition: Rivers v. Lumpkin

Fifth Circuit Affirms Dismissal of Successive Habeas Petition: Rivers v. Lumpkin

Date: Apr 16, 2024
Fifth Circuit Affirms Dismissal of Successive Habeas Petition: Rivers v. Lumpkin Introduction Rivers v. Lumpkin, 99 F.4th 216 (2024), represents a pivotal decision by the United States Court of...
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...
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