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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

Affirmation of Full-Payment Requirement in IRS Refund Suits: Chaisson v. United States

Affirmation of Full-Payment Requirement in IRS Refund Suits: Chaisson v. United States

Date: Jan 9, 2024
Affirmation of Full-Payment Requirement in IRS Refund Suits: Chaisson v. United States Introduction In the appellate case Dennis J. Chaisson; Lisa M. Bulthaup v. United States of America, the United...
DOE's Repeal of Short-Cycle Appliance Standards Deemed Arbitrary and Capricious by Fifth Circuit

DOE's Repeal of Short-Cycle Appliance Standards Deemed Arbitrary and Capricious by Fifth Circuit

Date: Jan 9, 2024
DOE's Repeal of Short-Cycle Appliance Standards Deemed Arbitrary and Capricious by Fifth Circuit Introduction In the seminal case of State of Louisiana; State of Alabama; State of Arkansas; State of...
Deliberate Indifference to Medical Needs in Detention: Ford v. Anderson County Establishes New Precedent

Deliberate Indifference to Medical Needs in Detention: Ford v. Anderson County Establishes New Precedent

Date: Jan 9, 2024
Deliberate Indifference to Medical Needs in Detention: Ford v. Anderson County Establishes New Precedent Introduction In the landmark case of Amber Ford; Regan Kimbrough; Donald Newsome,...
Res Judicata and Vexatious Litigation in §1915A Claims: Analysis of Welsh v. Lamb County

Res Judicata and Vexatious Litigation in §1915A Claims: Analysis of Welsh v. Lamb County

Date: Jan 9, 2024
Res Judicata and Vexatious Litigation in §1915A Claims: Analysis of Welsh v. Lamb County Introduction The case of Lonnie Kade Welsh v. Lamb County, Texas addresses significant legal issues pertaining...
CFTC v. EOX Holdings: Establishing Fair Notice in Regulatory Interpretations

CFTC v. EOX Holdings: Establishing Fair Notice in Regulatory Interpretations

Date: Jan 9, 2024
CFTC v. EOX Holdings: Establishing Fair Notice in Regulatory Interpretations Introduction In the landmark case of Commodity Futures Trading Commission v. EOX Holdings, L.L.C.; Andrew Gizienski,...
Limits on Defendants in Limitation of Liability Actions: Insights from N&W Marine Towing v. Wooley

Limits on Defendants in Limitation of Liability Actions: Insights from N&W Marine Towing v. Wooley

Date: Jan 9, 2024
Limits on Defendants in Limitation of Liability Actions: Insights from N&W Marine Towing v. Wooley Introduction The case In re N&W Marine Towing, L.L.C. v. Trey Wooley, adjudicated by the United...
Affirmation of Summary Judgment in Title VII Claims: Sharleen M. Moye v. SJBSO

Affirmation of Summary Judgment in Title VII Claims: Sharleen M. Moye v. SJBSO

Date: Jan 6, 2024
Affirmation of Summary Judgment in Title VII Claims: Sharleen M. Moye v. SJBSO Introduction In Sharleen M. Moye v. Michael Tregre, Sheriff et al., the United States Court of Appeals for the Fifth...
Application of Rooker-Feldman Doctrine and Judicial Immunity in Civil Rights Dismissal: Analysis of Norman v. U.S. Attorney General

Application of Rooker-Feldman Doctrine and Judicial Immunity in Civil Rights Dismissal: Analysis of Norman v. U.S. Attorney General

Date: Jan 6, 2024
Application of Rooker-Feldman Doctrine and Judicial Immunity in Civil Rights Dismissal: Analysis of Norman v. U.S. Attorney General Introduction Norman v. U.S. Attorney General is a significant case...
Affirmation of Insurer Bad Faith Standards under Louisiana Statute § 22:1892 in Sugartown United Pentecostal Church v. Church Mutual Insurance Co.

Affirmation of Insurer Bad Faith Standards under Louisiana Statute § 22:1892 in Sugartown United Pentecostal Church v. Church Mutual Insurance Co.

Date: Jan 6, 2024
Affirmation of Insurer Bad Faith Standards under Louisiana Statute § 22:1892 in Sugartown United Pentecostal Church v. Church Mutual Insurance Co. Introduction Case: Sugartown United Pentecostal...
5th Circuit Establishes Precedent on Overdetention Claims Not Barred by Heck, Denies Qualified Immunity to DPSC Secretary

5th Circuit Establishes Precedent on Overdetention Claims Not Barred by Heck, Denies Qualified Immunity to DPSC Secretary

Date: Jan 6, 2024
5th Circuit Establishes Precedent on Overdetention Claims Not Barred by Heck, Denies Qualified Immunity to DPSC Secretary Introduction In the case of Brian McNeal v. James LeBlanc, adjudicated by the...
FDA's Arbitrary Denial of Flavored E-Cigarette PMTAs: A New Precedent on Administrative Law Standards

FDA's Arbitrary Denial of Flavored E-Cigarette PMTAs: A New Precedent on Administrative Law Standards

Date: Jan 4, 2024
FDA's Arbitrary Denial of Flavored E-Cigarette PMTAs: A New Precedent on Administrative Law Standards Introduction In the landmark case WAGES AND WHITE LION INVESTMENTS, L.L.C., DOING BUSINESS AS...
Clarifying the Boundaries of Exigent Circumstances in Child Custody Cases: Banks v. DFPS

Clarifying the Boundaries of Exigent Circumstances in Child Custody Cases: Banks v. DFPS

Date: Jan 4, 2024
Clarifying the Boundaries of Exigent Circumstances in Child Custody Cases: Banks v. DFPS Introduction In the landmark case of Jessica Banks v. Daniel Herbrich; Robin Williams; Linda Juarez; Michael...
Constructive Amendment in Drug Conspiracy Plea: Insights from United States v. Alexander

Constructive Amendment in Drug Conspiracy Plea: Insights from United States v. Alexander

Date: Jan 3, 2024
Constructive Amendment in Drug Conspiracy Plea: Insights from United States v. Alexander Introduction United States of America v. James Alexander is a pivotal case decided by the United States Court...
EMTALA Preemption in Post-Dobbs Era: Affirmation of Texas Plaintiffs in HHS Guidance Case

EMTALA Preemption in Post-Dobbs Era: Affirmation of Texas Plaintiffs in HHS Guidance Case

Date: Jan 3, 2024
EMTALA Preemption in Post-Dobbs Era: Affirmation of Texas Plaintiffs in HHS Guidance Case Introduction The appellate decision in State of Texas; American Association of Pro-Life Obstetricians &...
Fifth Circuit Reinforces Strict Standing Requirements in Election Administration Case

Fifth Circuit Reinforces Strict Standing Requirements in Election Administration Case

Date: Dec 13, 2023
Fifth Circuit Reinforces Strict Standing Requirements in Election Administration Case Introduction In the case of Stephen C. Lutostanski; Amanda Logan; Andria Dowie, Plaintiffs-Appellants, v. Andrew...
Affirmation of § 922(g)(1) Constitutionality Under Plain Error Review in United States v. Jones

Affirmation of § 922(g)(1) Constitutionality Under Plain Error Review in United States v. Jones

Date: Nov 22, 2023
Affirmation of § 922(g)(1) Constitutionality Under Plain Error Review in United States v. Jones Introduction In United States of America v. Derrick Durrell Jones, 88 F.4th 571 (5th Cir. 2023), the...
Qualified Immunity Reinforced in Argueta v. Jaradi: Implications for Excessive Force Claims

Qualified Immunity Reinforced in Argueta v. Jaradi: Implications for Excessive Force Claims

Date: Nov 18, 2023
Qualified Immunity Reinforced in Argueta v. Jaradi: Implications for Excessive Force Claims Introduction In the landmark case of Santos Argueta; Blanca Granado; Dora Argueta; Jelldy Argueta; The...
EX PARTE YOUNG and Standing in Unclaimed Property Cases: Insights from James v. Hegar

EX PARTE YOUNG and Standing in Unclaimed Property Cases: Insights from James v. Hegar

Date: Nov 17, 2023
EX PARTE YOUNG and Standing in Unclaimed Property Cases: Insights from James v. Hegar Introduction In the landmark case Philip C. James; John Ballantyne; William Noe v. Glenn Allen Hegar, Jr., 86...
Exceeding Statutory Authority: ATF's Redefinition of 'Firearm' Overruled in VanDerStok v. Garland

Exceeding Statutory Authority: ATF's Redefinition of 'Firearm' Overruled in VanDerStok v. Garland

Date: Nov 10, 2023
Exceeding Statutory Authority: ATF's Redefinition of 'Firearm' Overruled in VanDerStok v. Garland Introduction VanDerStok et al. v. Garland et al. is a landmark decision by the United States Court of...
Fifth Circuit Grants Mandamus in TikTok Venue Transfer Case: Establishing New Precedent on Forum Convenience

Fifth Circuit Grants Mandamus in TikTok Venue Transfer Case: Establishing New Precedent on Forum Convenience

Date: Nov 1, 2023
Fifth Circuit Grants Mandamus in TikTok Venue Transfer Case: Establishing New Precedent on Forum Convenience Introduction In the landmark case of In re TikTok, Incorporated; TikTok Pte., Limited;...
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