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  • Commentaries
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5th Circuit Case Commentaries

Interpretation of FVRA § 3346(a): Fifth Circuit Affirms Independent Operation of Acting Service Provisions

Interpretation of FVRA § 3346(a): Fifth Circuit Affirms Independent Operation of Acting Service Provisions

Date: Jan 23, 2024
Interpretation of FVRA § 3346(a): Fifth Circuit Affirms Independent Operation of Acting Service Provisions Introduction In the case of Emily Seago v. Martin O'Malley, heard by the United States Court...
Reinforcing Specific Personal Jurisdiction Standards and Issue Preservation: Shambaugh & Son v. Steadfast Insurance

Reinforcing Specific Personal Jurisdiction Standards and Issue Preservation: Shambaugh & Son v. Steadfast Insurance

Date: Jan 19, 2024
Reinforcing Specific Personal Jurisdiction Standards and Issue Preservation: Shambaugh & Son, L.P. v. Steadfast Insurance Company Introduction In the case of Shambaugh & Son, L.P. v. Steadfast...
READER Act Violates First Amendment Rights: Fifth Circuit Upholds Preliminary Injunction

READER Act Violates First Amendment Rights: Fifth Circuit Upholds Preliminary Injunction

Date: Jan 18, 2024
READER Act Violates First Amendment Rights: Fifth Circuit Upholds Preliminary Injunction Introduction In the landmark case Book People, Incorporated et al. v. Martha Wong et al., the United States...
Velasquez-Castillo v. Garland: Enforcing Mandatory TVPRA Proceedings for Unaccompanied Minors

Velasquez-Castillo v. Garland: Enforcing Mandatory TVPRA Proceedings for Unaccompanied Minors

Date: Jan 18, 2024
Velasquez-Castillo v. Garland: Enforcing Mandatory TVPRA Proceedings for Unaccompanied Minors Introduction The case of Kelmi Yarel Velasquez-Castillo v. Merrick Garland revolves around the denial of...
Reaffirming Humphrey's Executor Exception: CPSC's Agency Structure Upheld

Reaffirming Humphrey's Executor Exception: CPSC's Agency Structure Upheld

Date: Jan 18, 2024
Reaffirming Humphrey's Executor Exception: CPSC's Agency Structure Upheld Introduction In the case of Consumers' Research; By Two, L.P. v. Consumer Product Safety Commission, the United States Court...
Affirmation of Qualified Immunity Based on Uncontradicted Bodycam Footage in Shandra Hodge v. Engleman & Litvin

Affirmation of Qualified Immunity Based on Uncontradicted Bodycam Footage in Shandra Hodge v. Engleman & Litvin

Date: Jan 17, 2024
Affirmation of Qualified Immunity Based on Uncontradicted Bodycam Footage in Shandra Hodge v. Engleman & Litvin Introduction The case of Shandra Hodge, Individually and as the surviving mother of...
Fifth Circuit Clarifies Threshold for Rhines Stay in Capital Cases: Upholding Denial for Procedurally Defaulted Wiggins IATC Claims

Fifth Circuit Clarifies Threshold for Rhines Stay in Capital Cases: Upholding Denial for Procedurally Defaulted Wiggins IATC Claims

Date: Jan 17, 2024
Fifth Circuit Clarifies Threshold for Rhines Stay in Capital Cases: Upholding Denial for Procedurally Defaulted Wiggins IATC Claims Introduction In the case of Chuong Duong Tong v. Bobby Lumpkin, the...
5th Circuit Expands Interpretation of 'System Failure' in Cyber Risk Insurance Policies

5th Circuit Expands Interpretation of 'System Failure' in Cyber Risk Insurance Policies

Date: Jan 17, 2024
5th Circuit Expands Interpretation of 'System Failure' in Cyber Risk Insurance Policies Introduction In the landmark case Southwest Airlines Company v. Liberty Insurance Underwriters, Incorporated,...
Affirmation of Summary Judgment in Cotton v. Galveston County: High Bar for Deliberate Indifference in Pretrial Detainee Medical Care

Affirmation of Summary Judgment in Cotton v. Galveston County: High Bar for Deliberate Indifference in Pretrial Detainee Medical Care

Date: Jan 13, 2024
Affirmation of Summary Judgment in Cotton v. Galveston County: High Bar for Deliberate Indifference in Pretrial Detainee Medical Care Introduction The case of Kelly Stevenson-Cotton; Estate of Ronald...
Affirmation of Texas Constitution's Ban on Gratuitous Municipal Gifts in Commercial Contracts: Analysis of American Precision Ammunition v. City of Mineral Wells

Affirmation of Texas Constitution's Ban on Gratuitous Municipal Gifts in Commercial Contracts: Analysis of American Precision Ammunition v. City of Mineral Wells

Date: Jan 13, 2024
Affirmation of Texas Constitution's Ban on Gratuitous Municipal Gifts in Commercial Contracts: Analysis of American Precision Ammunition v. City of Mineral Wells Introduction In the landmark case of...
Fifth Circuit Affirms Aggregation of Foreign and Federal Sentences Affecting First Step Act Eligibility

Fifth Circuit Affirms Aggregation of Foreign and Federal Sentences Affecting First Step Act Eligibility

Date: Jan 13, 2024
Fifth Circuit Affirms Aggregation of Foreign and Federal Sentences Affecting First Step Act Eligibility Introduction The case of Jaime Antonio Martinez v. FNU Rosalez addresses the intersection of...
Affirmation of Dismissal Upholds Validity of Diminished Value Exclusions in Mississippi Uninsured Motorist Policies

Affirmation of Dismissal Upholds Validity of Diminished Value Exclusions in Mississippi Uninsured Motorist Policies

Date: Jan 13, 2024
Affirmation of Dismissal Upholds Validity of Diminished Value Exclusions in Mississippi Uninsured Motorist Policies Introduction In the case of Kenan Watkins v. Allstate Property & Casualty Insurance...
Establishing the Primacy of Oral Sentencing Pronouncements Over Written Judgments: United States v. Salinas De Leon

Establishing the Primacy of Oral Sentencing Pronouncements Over Written Judgments: United States v. Salinas De Leon

Date: Jan 13, 2024
Establishing the Primacy of Oral Sentencing Pronouncements Over Written Judgments: United States v. Salinas De Leon Introduction The case of United States of America v. Frances Salinas De Leon...
Fifth Circuit Certifies Key Questions on Mineral Royalty Calculations to the Supreme Court of Texas

Fifth Circuit Certifies Key Questions on Mineral Royalty Calculations to the Supreme Court of Texas

Date: Jan 13, 2024
Fifth Circuit Certifies Key Questions on Mineral Royalty Calculations to the Supreme Court of Texas Introduction In the appellate case Carl and White Trust v. Hilcorp Energy Company, the United...
Maritime Jurisdiction Clarified: Fifth Circuit Reverses District Court in Palfinger Marine USA, Inc. v. Jeremy Earnest

Maritime Jurisdiction Clarified: Fifth Circuit Reverses District Court in Palfinger Marine USA, Inc. v. Jeremy Earnest

Date: Jan 12, 2024
Maritime Jurisdiction Clarified: Fifth Circuit Reverses District Court in Palfinger Marine USA, Inc. v. Jeremy Earnest Introduction The case of Jeremy Earnest Plaintiff v. Palfinger Marine USA, Inc.,...
Role of Agency Expertise and Judicial Deference Confirmed in EPA's SO₂ Nonattainment Designations

Role of Agency Expertise and Judicial Deference Confirmed in EPA's SO₂ Nonattainment Designations

Date: Jan 12, 2024
Role of Agency Expertise and Judicial Deference Confirmed in EPA's SO₂ Nonattainment Designations Introduction This commentary examines the United States Court of Appeals, Fifth Circuit's decision in...
Fifth Circuit Denies Qualified Immunity in Excessive Force Claim: Bagley v. Guillen Establishes Clear Standards for Use of Force During Compliance

Fifth Circuit Denies Qualified Immunity in Excessive Force Claim: Bagley v. Guillen Establishes Clear Standards for Use of Force During Compliance

Date: Jan 11, 2024
Fifth Circuit Denies Qualified Immunity in Excessive Force Claim: Bagley v. Guillen Establishes Clear Standards for Use of Force During Compliance Introduction In the case of Akeem Bagley v. Rudy...
Affirmation of the Carr Factors in Denying Withdrawal of Guilty Plea Amid Claims of Ineffective Assistance of Counsel

Affirmation of the Carr Factors in Denying Withdrawal of Guilty Plea Amid Claims of Ineffective Assistance of Counsel

Date: Jan 11, 2024
Affirmation of the Carr Factors in Denying Withdrawal of Guilty Plea Amid Claims of Ineffective Assistance of Counsel Introduction In the case United States of America v. Travis R. James, decided on...
National Press Photographers Association v. McCraw: Upholding State Drone Regulations Against Facial First Amendment Challenges

National Press Photographers Association v. McCraw: Upholding State Drone Regulations Against Facial First Amendment Challenges

Date: Jan 11, 2024
National Press Photographers Association v. McCraw: Upholding State Drone Regulations Against Facial First Amendment Challenges Introduction The case of National Press Photographers Association;...
Affirmation of Employer's Duty: Employer Knowledge and Remedial Action Under Title VII in Johnson v. LSU Health Sciences Center

Affirmation of Employer's Duty: Employer Knowledge and Remedial Action Under Title VII in Johnson v. LSU Health Sciences Center

Date: Jan 9, 2024
Affirmation of Employer's Duty: Employer Knowledge and Remedial Action Under Title VII in Johnson v. LSU Health Sciences Center Introduction In the case of Carolyn Johnson v. Board of Supervisors of...
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