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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

Norsworthy v. Houston ISD: Upholding Pleading Standards in Employment Discrimination Claims

Norsworthy v. Houston ISD: Upholding Pleading Standards in Employment Discrimination Claims

Date: Jun 14, 2023
Norsworthy v. Houston ISD: Upholding Pleading Standards in Employment Discrimination Claims Introduction The case of Mary Norsworthy v. Houston Independent School District (HISD), adjudicated by the...
Affirmation of Qualified Immunity in Use-of-Force Policy Under 42 U.S.C. § 1983

Affirmation of Qualified Immunity in Use-of-Force Policy Under 42 U.S.C. § 1983

Date: Jun 10, 2023
Affirmation of Qualified Immunity in Use-of-Force Policy Under 42 U.S.C. § 1983 Introduction The case of Odell Edwards v. The City of Balch Springs addresses critical issues surrounding the...
Raskin v. Dallas ISD: 5th Circuit Recognizes Parent's Pro Se Representation of Minor Children Under 28 U.S.C. §1654

Raskin v. Dallas ISD: 5th Circuit Recognizes Parent's Pro Se Representation of Minor Children Under 28 U.S.C. §1654

Date: Jun 3, 2023
Raskin v. Dallas ISD: 5th Circuit Recognizes Parent's Pro Se Representation of Minor Children Under 28 U.S.C. §1654 Introduction In the landmark case Allyson Raskin, on behalf of her minor children...
Legislative Privilege and Discovery: Insights from Jackson Municipal Airport Authority v. Harkins et al.

Legislative Privilege and Discovery: Insights from Jackson Municipal Airport Authority v. Harkins et al.

Date: May 11, 2023
Legislative Privilege and Discovery: Insights from Jackson Municipal Airport Authority v. Harkins et al. Introduction In Jackson Municipal Airport Authority v. Harkins et al. (67 F.4th 678, 2023),...
Demonstrating Hostile Work Environment and Constructive Discharge Requires Pervasive and Severe Conduct: Allen v. Our Lady of the Lake Hospital

Demonstrating Hostile Work Environment and Constructive Discharge Requires Pervasive and Severe Conduct: Allen v. Our Lady of the Lake Hospital

Date: May 6, 2023
Demonstrating Hostile Work Environment and Constructive Discharge Requires Pervasive and Severe Conduct: Allen v. Our Lady of the Lake Hospital Introduction In the case of Vanoy Allen vs. Our Lady of...
Fifth Circuit Establishes Irreparable Harm Standard in DOL Tipped Employee Regulation Case

Fifth Circuit Establishes Irreparable Harm Standard in DOL Tipped Employee Regulation Case

Date: Apr 29, 2023
Fifth Circuit Establishes Irreparable Harm Standard in DOL Tipped Employee Regulation Case Introduction The Restaurant Law Center and the Texas Restaurant Association ("Plaintiffs") appealed the...
Affirmation of the Person Aggrieved Test in Bankruptcy Appeals

Affirmation of the Person Aggrieved Test in Bankruptcy Appeals

Date: Apr 29, 2023
Affirmation of the Person Aggrieved Test in Bankruptcy Appeals Introduction In the landmark case In the Matter of Salubrio, L.L.C. Debtor, v. Eric Terry, Chapter 7 Trustee, the United States Court of...
Prosecutorial Discretion and Finality in NLRB Proceedings: Insights from United Natural Foods v. NLRB

Prosecutorial Discretion and Finality in NLRB Proceedings: Insights from United Natural Foods v. NLRB

Date: Apr 25, 2023
Prosecutorial Discretion and Finality in NLRB Proceedings: Insights from United Natural Foods v. NLRB Introduction The case of United Natural Foods, Incorporated (UNFI) versus the National Labor...
Qualified Immunity Affirmed for Law Enforcement Officers in Floyd Wallace Case

Qualified Immunity Affirmed for Law Enforcement Officers in Floyd Wallace Case

Date: Apr 15, 2023
Qualified Immunity Affirmed for Law Enforcement Officers in Floyd Wallace Case Introduction In the case of Floyd Wallace v. Heather Taylor et al., the United States Court of Appeals for the Fifth...
Fifth Circuit Clarifies Qualified Immunity and Excessive Force Standards in Allen v. Hayes

Fifth Circuit Clarifies Qualified Immunity and Excessive Force Standards in Allen v. Hayes

Date: Apr 15, 2023
Fifth Circuit Clarifies Qualified Immunity and Excessive Force Standards in Allen v. Hayes Introduction In the landmark case of John Allen, Jr. v. Justin Hayes et al., the United States Court of...
Affirmation of Standing in Challenges to Anti-BDS Legislation: Abdullah v. Paxton & Hegar

Affirmation of Standing in Challenges to Anti-BDS Legislation: Abdullah v. Paxton & Hegar

Date: Apr 12, 2023
Affirmation of Standing in Challenges to Anti-BDS Legislation: Abdullah v. Paxton & Hegar Introduction In the case of Haseeb Abdullah, Plaintiff-Appellant, v. Ken Paxton; Glenn Hegar,...
Reversal of Summary Judgment in Disability and Age Discrimination Claims: Spears v. Louisiana College

Reversal of Summary Judgment in Disability and Age Discrimination Claims: Spears v. Louisiana College

Date: Apr 7, 2023
Reversal of Summary Judgment in Disability and Age Discrimination Claims: Spears v. Louisiana College Introduction In the case of Carolyn D. Spears v. Louisiana College, the United States Court of...
Reaffirming Duty to Warn in Open and Obvious Hazard Cases: Dougay v. Dollar General

Reaffirming Duty to Warn in Open and Obvious Hazard Cases: Dougay v. Dollar General

Date: Apr 6, 2023
Reaffirming Duty to Warn in Open and Obvious Hazard Cases: Dougay v. Dollar General Introduction The case of Jill Trahan Dougay v. Dolgencorp of Texas, Inc., doing business as Dollar General...
Affirmation of Qualified Immunity for School Officials in Off-Campus Student Speech Regulation

Affirmation of Qualified Immunity for School Officials in Off-Campus Student Speech Regulation

Date: Apr 1, 2023
Affirmation of Qualified Immunity for School Officials in Off-Campus Student Speech Regulation Introduction In the case of Bronson McClelland v. Katy Independent School District et al. (63 F.4th 996,...
Equitable Tolling in Employment Discrimination Cases: Insights from Bernstein v. Maximus Federal Services

Equitable Tolling in Employment Discrimination Cases: Insights from Bernstein v. Maximus Federal Services

Date: Mar 31, 2023
Equitable Tolling in Employment Discrimination Cases: Insights from Bernstein v. Maximus Federal Services Introduction The landmark case of Kevin Bernstein v. Maximus Federal Services, Incorporated...
Affirmation of Drug Conspiracy Conviction in Pill Mill Operation

Affirmation of Drug Conspiracy Conviction in Pill Mill Operation

Date: Mar 31, 2023
Affirmation of Drug Conspiracy Conviction in Pill Mill Operation Introduction In the case of United States of America v. Christopher Kalejaiye Ajayi, adjudicated by the United States Court of Appeals...
Affirmation of Qualified Immunity in Prisoners' Eighth Amendment Claims: Rogers v. Jarrett et al.

Affirmation of Qualified Immunity in Prisoners' Eighth Amendment Claims: Rogers v. Jarrett et al.

Date: Mar 31, 2023
Affirmation of Qualified Immunity in Prisoners' Eighth Amendment Claims: Rogers v. Jarrett et al. Introduction Rogers v. Jarrett et al. (63 F.4th 971, 2023) is a pivotal case in the realm of...
Affirmation of Denial of Compassionate Release: United States v. McMaryion

Affirmation of Denial of Compassionate Release: United States v. McMaryion

Date: Mar 29, 2023
Affirmation of Denial of Compassionate Release: United States v. McMaryion Introduction United States of America v. Jeffrey Allan McMaryion, 64 F.4th 257 (5th Cir. 2023), is a pivotal decision...
Pre-Enforcement Challenges to Executive Vaccine Mandates Remain Within Federal Court Jurisdiction: 5th Circuit Decision

Pre-Enforcement Challenges to Executive Vaccine Mandates Remain Within Federal Court Jurisdiction: 5th Circuit Decision

Date: Mar 24, 2023
Pre-Enforcement Challenges to Executive Vaccine Mandates Remain Within Federal Court Jurisdiction: 5th Circuit Decision Introduction In Feds for Medical Freedom v. Biden, 63 F.4th 366 (5th Cir....
Fifth Circuit Clarifies Burden-Shifting in Federal ADEA Age Discrimination and Retaliation Claims

Fifth Circuit Clarifies Burden-Shifting in Federal ADEA Age Discrimination and Retaliation Claims

Date: Mar 22, 2023
Fifth Circuit Clarifies Burden-Shifting in Federal ADEA Age Discrimination and Retaliation Claims Introduction In the case of Anastasia Nedd Allen v. United States Postal Service, decided by the...
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