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  • Commentaries
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5th Circuit Case Commentaries

Mandamus Granted in In re Fort Worth Chamber of Commerce: Clarifying Jurisdictional Boundaries in Appeals

Mandamus Granted in In re Fort Worth Chamber of Commerce: Clarifying Jurisdictional Boundaries in Appeals

Date: Apr 6, 2024
Mandamus Granted in In re Fort Worth Chamber of Commerce: Clarifying Jurisdictional Boundaries in Appeals Introduction The case of In re Fort Worth Chamber of Commerce (98 F.4th 265) addresses...
Strict Adherence to Discovery Requirements Crucial for Overcoming Summary Judgment: Mandawala v. Baptist School of Health Professions

Strict Adherence to Discovery Requirements Crucial for Overcoming Summary Judgment: Mandawala v. Baptist School of Health Professions

Date: Apr 5, 2024
Strict Adherence to Discovery Requirements Crucial for Overcoming Summary Judgment: Mandawala v. Baptist School of Health Professions Introduction In the case of Symon Mandawala v. Baptist School of...
Affirmation of Dismissal of RICO Claims: Requirements for Establishing a Sufficient Pattern of Racketeering Activity

Affirmation of Dismissal of RICO Claims: Requirements for Establishing a Sufficient Pattern of Racketeering Activity

Date: Apr 5, 2024
Affirmation of Dismissal of RICO Claims: Requirements for Establishing a Sufficient Pattern of Racketeering Activity Introduction In the appellate case D&T Partners, L.L.C. v. Baymark Partners...
Limits of Bankruptcy Courts' Civil Contempt Powers: Insights from Highland Capital Management v. Dondero

Limits of Bankruptcy Courts' Civil Contempt Powers: Insights from Highland Capital Management v. Dondero

Date: Apr 5, 2024
Limits of Bankruptcy Courts' Civil Contempt Powers: Insights from Highland Capital Management v. Dondero Introduction The case of Highland Capital Management, L.P. v. Highland Capital Management,...
Miller v. Michaels Stores: Affirmation of Summary Judgment in Negligence Claims Under Louisiana Law

Miller v. Michaels Stores: Affirmation of Summary Judgment in Negligence Claims Under Louisiana Law

Date: Apr 5, 2024
Miller v. Michaels Stores: Affirmation of Summary Judgment in Negligence Claims Under Louisiana Law Introduction In the case of Susan Miller v. Michaels Stores, Incorporated, adjudicated by the...
New Precedent: Fifth Circuit Reverses Denial of Preliminary Injunction Against Dept. of Education's Student Loan Discharge Regulations

New Precedent: Fifth Circuit Reverses Denial of Preliminary Injunction Against Dept. of Education's Student Loan Discharge Regulations

Date: Apr 5, 2024
New Precedent: Fifth Circuit Reverses Denial of Preliminary Injunction Against Dept. of Education's Student Loan Discharge Regulations Introduction In the landmark case of Career Colleges and Schools...
Plymouth Tube Co. v. Sheet Pile, L.L.C.: Affirmation of Summary Judgment on Breach of Contract and Fraud Claims

Plymouth Tube Co. v. Sheet Pile, L.L.C.: Affirmation of Summary Judgment on Breach of Contract and Fraud Claims

Date: Apr 4, 2024
Plymouth Tube Co. v. Sheet Pile, L.L.C.: Affirmation of Summary Judgment on Breach of Contract and Fraud Claims Introduction The case of Sheet Pile, L.L.C. v. Plymouth Tube Company, USA revolves...
Fifth Circuit Establishes Precedent on Insurance Coverage for Building Code-Enforced Repairs

Fifth Circuit Establishes Precedent on Insurance Coverage for Building Code-Enforced Repairs

Date: Apr 3, 2024
Fifth Circuit Establishes Precedent on Insurance Coverage for Building Code-Enforced Repairs Introduction In the case of Carl Schnell; Mary Ellen Schnell v. State Farm Lloyds, the United States Court...
Mootness and Standing: Comprehensive Analysis of Jackson Municipal Airport Authority v. Appellants

Mootness and Standing: Comprehensive Analysis of Jackson Municipal Airport Authority v. Appellants

Date: Apr 3, 2024
Mootness and Standing: Comprehensive Analysis of Jackson Municipal Airport Authority v. Appellants Introduction The case of Jackson Municipal Airport Authority; Board of Commissioners of the Jackson...
Affirmation of Summary Judgment in Employment Discrimination Case: Brown v. San Antonio Food Bank

Affirmation of Summary Judgment in Employment Discrimination Case: Brown v. San Antonio Food Bank

Date: Mar 28, 2024
Affirmation of Summary Judgment in Employment Discrimination Case: Brown v. San Antonio Food Bank Introduction The case of Jacquelyn Zepora Brown v. San Antonio Food Bank represents a significant...
Reaffirming the Independence of ADA Claims from IDEA Exhaustion Requirement: Lartigue v. Northside ISD

Reaffirming the Independence of ADA Claims from IDEA Exhaustion Requirement: Lartigue v. Northside ISD

Date: Mar 27, 2024
Reaffirming the Independence of ADA Claims from IDEA Exhaustion Requirement: Lartigue v. Northside ISD Introduction Kaylee Lartigue, the plaintiff-appellant, initiated a lawsuit against the Northside...
Fifth Circuit Denies Stay of Preliminary Injunction Against Texas's S.B.4: Reinforcing Federal Preemption in Immigration Law

Fifth Circuit Denies Stay of Preliminary Injunction Against Texas's S.B.4: Reinforcing Federal Preemption in Immigration Law

Date: Mar 27, 2024
Fifth Circuit Denies Stay of Preliminary Injunction Against Texas's S.B.4: Reinforcing Federal Preemption in Immigration Law Introduction In a pivotal decision on March 26, 2024, the United States...
Adherence to Local Rule 83.2.10(B)(3) in Extending Attorney Sanctions: Fifth Circuit Clarifies Due Process Requirements

Adherence to Local Rule 83.2.10(B)(3) in Extending Attorney Sanctions: Fifth Circuit Clarifies Due Process Requirements

Date: Mar 26, 2024
Adherence to Local Rule 83.2.10(B)(3) in Extending Attorney Sanctions: Fifth Circuit Clarifies Due Process Requirements Introduction The appellate decision in Claude F. Reynaud, III, Appellant (No....
Implied Materiality in Lease Termination: Fifth Circuit Upholds Requirement for Clear Contractual Terms

Implied Materiality in Lease Termination: Fifth Circuit Upholds Requirement for Clear Contractual Terms

Date: Mar 23, 2024
Implied Materiality in Lease Termination: Fifth Circuit Upholds Requirement for Clear Contractual Terms Introduction The appellate case of Affordable Care, L.L.C. v. JNM Office Property, L.L.C....
Sleep Deprivation Standards Under the Eighth Amendment: Insights from Garrett v. Lumpkin

Sleep Deprivation Standards Under the Eighth Amendment: Insights from Garrett v. Lumpkin

Date: Mar 23, 2024
Sleep Deprivation Standards Under the Eighth Amendment: Insights from Garrett v. Lumpkin Introduction The case of Michael Garrett v. Bobby Lumpkin, decided by the United States Court of Appeals for...
Fifth Circuit Clarifies 'Significant New Use' Under TSCA, Limiting EPA's Authority Over Historical Manufacturing Processes

Fifth Circuit Clarifies 'Significant New Use' Under TSCA, Limiting EPA's Authority Over Historical Manufacturing Processes

Date: Mar 22, 2024
Fifth Circuit Clarifies 'Significant New Use' Under TSCA, Limiting EPA's Authority Over Historical Manufacturing Processes Introduction In the landmark case of Inhance Technologies, L.L.C. v. United...
Strengthening Diversity Jurisdiction Protocols: The Fifth Circuit's Ruling in Sel v. Kumar

Strengthening Diversity Jurisdiction Protocols: The Fifth Circuit's Ruling in Sel v. Kumar

Date: Mar 22, 2024
Strengthening Diversity Jurisdiction Protocols: The Fifth Circuit's Ruling in Sel v. Kumar Introduction The case of Selva Kumar v. Panera Bread Company presents significant insights into the...
Affirming the Necessity of Substantial Evidence in Manufacturing Defect Claims: Johnston v. Ferrellgas

Affirming the Necessity of Substantial Evidence in Manufacturing Defect Claims: Johnston v. Ferrellgas

Date: Mar 22, 2024
Affirming the Necessity of Substantial Evidence in Manufacturing Defect Claims: Johnston v. Ferrellgas Introduction The appellate case C. Sidney Johnston; Danette Johnston v. Ferrellgas, Incorporated...
Rolex v. BeckerTime: Establishing Enhanced Standards for Trademark Infringement in Customized Luxury Goods

Rolex v. BeckerTime: Establishing Enhanced Standards for Trademark Infringement in Customized Luxury Goods

Date: Mar 22, 2024
Rolex v. BeckerTime: Establishing Enhanced Standards for Trademark Infringement in Customized Luxury Goods Introduction The legal battle between Rolex Watch USA, Incorporated...
Fifth Circuit Upholds FDA's Tobacco Warning Labels Under Zauderer Standard

Fifth Circuit Upholds FDA's Tobacco Warning Labels Under Zauderer Standard

Date: Mar 22, 2024
Fifth Circuit Upholds FDA's Tobacco Warning Labels Under Zauderer Standard Introduction In the case of R.J. Reynolds Tobacco Company et al. v. Food & Drug Administration et al., the United States...
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