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  • Commentaries
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5th Circuit Case Commentaries

Affirmation of Drug Conspiracy Convictions in United States v. Hinojosa et al.

Affirmation of Drug Conspiracy Convictions in United States v. Hinojosa et al.

Date: Feb 29, 2024
Affirmation of Drug Conspiracy Convictions in United States v. Hinojosa et al. Introduction In the landmark case of United States of America v. Alfredo Navarro Hinojosa; Miguel Casas; Martin Salvador...
Strict Standards for Successive Habeas Petitions Reinforced in In Re Ivan Abner Cantu, Movant

Strict Standards for Successive Habeas Petitions Reinforced in In Re Ivan Abner Cantu, Movant

Date: Feb 28, 2024
Strict Standards for Successive Habeas Petitions Reinforced in In Re Ivan Abner Cantu, Movant Introduction The case of In Re Ivan Abner Cantu, Movant. (94 F.4th 462) presents a critical examination...
Strengthening Monell Liability Standards: Fifth Circuit Affirms Dismissal in York v. Welch Case

Strengthening Monell Liability Standards: Fifth Circuit Affirms Dismissal in York v. Welch Case

Date: Feb 27, 2024
Strengthening Monell Liability Standards: Fifth Circuit Affirms Dismissal in York v. Welch Case Introduction The case of James Chad York, Individually; Sandy Lynn Winfrey York, Individually; Loreal...
Affirming Police Authority in Arresting Armed Protestors Under Probable Cause and Qualified Immunity: Grisham v. Valenciano

Affirming Police Authority in Arresting Armed Protestors Under Probable Cause and Qualified Immunity: Grisham v. Valenciano

Date: Feb 27, 2024
Affirming Police Authority in Arresting Armed Protestors Under Probable Cause and Qualified Immunity: Grisham v. Valenciano Introduction In the landmark case of Grisham and Everard v. Valenciano et...
Fifth Circuit Upholds Felony Drug Offense Enhancement and Denies Suppression Based on Invited Error: United States v. Garza

Fifth Circuit Upholds Felony Drug Offense Enhancement and Denies Suppression Based on Invited Error: United States v. Garza

Date: Feb 27, 2024
Fifth Circuit Upholds Felony Drug Offense Enhancement and Denies Suppression Based on Invited Error: United States v. Garza Introduction In the case of United States of America v. Andrew Ocanas Garza...
Rule 60(b) Relief Requires Diligence: Fifth Circuit Affirms Denial in Smith-Hubbard v. Amica

Rule 60(b) Relief Requires Diligence: Fifth Circuit Affirms Denial in Smith-Hubbard v. Amica

Date: Feb 24, 2024
Rule 60(b) Relief Requires Diligence: Fifth Circuit Affirms Denial in Smith-Hubbard v. Amica Introduction In Smith-Hubbard v. Amica Mutual Insurance Company, the United States Court of Appeals for...
Affirmation of Dismissal in Pace v. Cirrus Design: Limits on Personal Jurisdiction and Joinder

Affirmation of Dismissal in Pace v. Cirrus Design: Limits on Personal Jurisdiction and Joinder

Date: Feb 24, 2024
Affirmation of Dismissal in Pace v. Cirrus Design: Limits on Personal Jurisdiction and Joinder Introduction The appellate case Pace v. Cirrus Design Corporation et al. (93 F.4th 879) addresses...
Deliberate Indifference Standard in §1983 Claims for Civilly Committed Individuals

Deliberate Indifference Standard in §1983 Claims for Civilly Committed Individuals

Date: Feb 24, 2024
Deliberate Indifference Standard in §1983 Claims for Civilly Committed Individuals: San Miguel v. McLane et al. Introduction In the landmark case of Samuel San Miguel v. Marsha McLane, Texas Civil...
Contractual Supremacy Over Procuring Cause Doctrine Affirmed in Catalyst Strategic Advisors v. Three Diamond Capital

Contractual Supremacy Over Procuring Cause Doctrine Affirmed in Catalyst Strategic Advisors v. Three Diamond Capital

Date: Feb 23, 2024
Contractual Supremacy Over Procuring Cause Doctrine Affirmed in Catalyst Strategic Advisors v. Three Diamond Capital Introduction In the case of Catalyst Strategic Advisors, L.L.C. v. Three Diamond...
Fifth Circuit Affirms Exclusivity of Habeas Corpus Over §1983 Claims in Overdetention Cases

Fifth Circuit Affirms Exclusivity of Habeas Corpus Over §1983 Claims in Overdetention Cases

Date: Feb 22, 2024
Fifth Circuit Affirms Exclusivity of Habeas Corpus Over §1983 Claims in Overdetention Cases Introduction In the case of Brian McNeal v. James LeBlanc, the United States Court of Appeals for the Fifth...
Admissibility of Co-Conspirator Recordings and Joint Liability under MVRA in Healthcare Fraud

Admissibility of Co-Conspirator Recordings and Joint Liability under MVRA in Healthcare Fraud

Date: Feb 22, 2024
Admissibility of Co-Conspirator Recordings and Joint Liability under MVRA in Healthcare Fraud Introduction In the case of United States of America v. Lindell King; Ynedra Diggs, the United States...
Fieldwood Energy Judgment: Affirming Statutory Mootness under Section 363(m)

Fieldwood Energy Judgment: Affirming Statutory Mootness under Section 363(m)

Date: Feb 21, 2024
Fieldwood Energy LLC v. Appellants: Affirming Statutory Mootness under Section 363(m) Introduction The United States Court of Appeals for the Fifth Circuit, in In the Matter of Fieldwood Energy LLC...
Affirmation of Qualified Immunity and the Role of Video Evidence in Excessive Force Claims: Terrell v. Town of Woodworth

Affirmation of Qualified Immunity and the Role of Video Evidence in Excessive Force Claims: Terrell v. Town of Woodworth

Date: Feb 20, 2024
Affirmation of Qualified Immunity and the Role of Video Evidence in Excessive Force Claims: Terrell v. Town of Woodworth Introduction In the case of Quentin Terrell v. Town of Woodworth et al., the...
Affirmation of One-Year Prescriptive Period for Section 1983 Police Brutality Claims in Brown v. Pouncy

Affirmation of One-Year Prescriptive Period for Section 1983 Police Brutality Claims in Brown v. Pouncy

Date: Feb 20, 2024
Affirmation of One-Year Prescriptive Period for Section 1983 Police Brutality Claims in Brown v. Pouncy Introduction In the case of Jarius Brown v. Javarrea Pouncy; John Doe #1; John Doe #2, 93 F.4th...
Application of the Speedy Trial Act During a Pandemic: Analysis of United States v. Gordon

Application of the Speedy Trial Act During a Pandemic: Analysis of United States v. Gordon

Date: Feb 17, 2024
Application of the Speedy Trial Act During a Pandemic: Analysis of United States v. Gordon Introduction The case of United States of America v. Carl Monroe Gordon delves into the intricate balance...
Expansion of Legislative Privilege: Non-Party Legislators Granted Standing on Appeal

Expansion of Legislative Privilege: Non-Party Legislators Granted Standing on Appeal

Date: Feb 17, 2024
Expansion of Legislative Privilege: Non-Party Legislators Granted Standing on Appeal Introduction The case of La Union del Pueblo Entero; Friendship-West Baptist Church; Southwest Voter Registration...
Occupational Liberty Interest Requires Effective Foreclosure: Fifth Circuit Reverses in Adams v. City of Harahan

Occupational Liberty Interest Requires Effective Foreclosure: Fifth Circuit Reverses in Adams v. City of Harahan

Date: Feb 17, 2024
Occupational Liberty Interest Requires Effective Foreclosure: Fifth Circuit Reverses in Adams v. City of Harahan Introduction In the landmark case of Manuel Adams, Jr. v. City of Harahan, the United...
Realistic Probability and Divisibility of State Drug Offenses in Immigration Removal: Alejos-Perez v. Garland

Realistic Probability and Divisibility of State Drug Offenses in Immigration Removal: Alejos-Perez v. Garland

Date: Feb 17, 2024
Realistic Probability and Divisibility of State Drug Offenses in Immigration Removal: Alejos-Perez v. Garland Introduction Mario Alberto Alejos-Perez, a Mexican citizen and lawful permanent resident...
Obstruction of Justice Enhancement Overruled in Ortega Case

Obstruction of Justice Enhancement Overruled in Ortega Case

Date: Feb 16, 2024
Obstruction of Justice Enhancement Overruled in Ortega Case Introduction The case of United States of America v. Miguel Angel Ortega (93 F.4th 278) presents a significant development in the...
5th Circuit Upholds Texas Supreme Court’s Interpretation of 'Final' Dismissal under Section 16.064(a)(2) in Rehabilitation Act Claims

5th Circuit Upholds Texas Supreme Court’s Interpretation of 'Final' Dismissal under Section 16.064(a)(2) in Rehabilitation Act Claims

Date: Feb 16, 2024
5th Circuit Upholds Texas Supreme Court’s Interpretation of 'Final' Dismissal under Section 16.064(a)(2) in Rehabilitation Act Claims Introduction The appellate case of Toni Marie Bullock v. The...
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