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  • Commentaries
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5th Circuit Case Commentaries

5th Circuit Upholds Mandatory Minimum and Strict Safety-Valve Eligibility in United States v. Montero

5th Circuit Upholds Mandatory Minimum and Strict Safety-Valve Eligibility in United States v. Montero

Date: Mar 9, 2023
5th Circuit Upholds Mandatory Minimum and Strict Safety-Valve Eligibility in United States v. Montero Introduction In the case of United States of America v. Antonio Montero, 5th Circuit Court of...
Fifth Circuit Overturns §922(g)(8): A New Second Amendment Precedent

Fifth Circuit Overturns §922(g)(8): A New Second Amendment Precedent

Date: Mar 3, 2023
Fifth Circuit Overturns §922(g)(8): A New Second Amendment Precedent Introduction In the landmark case United States of America v. Zackey Rahimi, the United States Court of Appeals for the Fifth...
Fifth Circuit Reinforces Strict Pleading Standards for §1983 Malicious Prosecution Claims

Fifth Circuit Reinforces Strict Pleading Standards for §1983 Malicious Prosecution Claims

Date: Feb 16, 2023
Fifth Circuit Reinforces Strict Pleading Standards for §1983 Malicious Prosecution Claims Introduction In the landmark case of Andrea Armstrong, Executrix of the Estate of Glenn Ford v. Various...
Affirmation of Summary Judgment in §1983 Prisoner Suicide Case: Implications and Legal Analysis

Affirmation of Summary Judgment in §1983 Prisoner Suicide Case: Implications and Legal Analysis

Date: Feb 11, 2023
Affirmation of Summary Judgment in §1983 Prisoner Suicide Case: Implications and Legal Analysis Introduction In the appellate case of Brittany Guillot v. Jay Russell et al., the United States Court...
5th Circuit Rules Repeal of Limited Public Forum's Exhibit Rule Renders Free Speech Case Moot

5th Circuit Rules Repeal of Limited Public Forum's Exhibit Rule Renders Free Speech Case Moot

Date: Jan 28, 2023
5th Circuit Rules Repeal of Limited Public Forum's Exhibit Rule Renders Free Speech Case Moot Introduction The case of Freedom From Religion Foundation, Inc. v. Greg Abbott examines the intersection...
Employer's Prompt Remedial Action Shields from Title VII Hostile Work Environment Liability

Employer's Prompt Remedial Action Shields from Title VII Hostile Work Environment Liability

Date: Jan 19, 2023
Employer's Prompt Remedial Action Shields from Title VII Hostile Work Environment Liability Introduction The case of Brittany Hudson v. Lincare, Incorporated (58 F.4th 222), adjudicated by the United...
Affirmation of Social Security Disability Denial: Miller v. Kijakazi Establishes Standards for ALJ Evaluations

Affirmation of Social Security Disability Denial: Miller v. Kijakazi Establishes Standards for ALJ Evaluations

Date: Jan 19, 2023
Affirmation of Social Security Disability Denial: Miller v. Kijakazi Establishes Standards for ALJ Evaluations Introduction In Michele Miller, Plaintiff-Appellant v. Kilolo Kijakazi, Acting...
Clarifying the Scope of Compassionate Release under 18 U.S.C. § 3582(c)(1): The Escajeda Decision

Clarifying the Scope of Compassionate Release under 18 U.S.C. § 3582(c)(1): The Escajeda Decision

Date: Jan 18, 2023
Clarifying the Scope of Compassionate Release under 18 U.S.C. § 3582(c)(1): The Escajeda Decision Introduction In the case of United States of America v. Michael Anthony Escajeda, the United States...
Fifth Circuit Excludes Bump Stocks from 'Machinegun' Definition, Reinforcing Rule of Lenity

Fifth Circuit Excludes Bump Stocks from 'Machinegun' Definition, Reinforcing Rule of Lenity

Date: Jan 7, 2023
Fifth Circuit Excludes Bump Stocks from 'Machinegun' Definition, Reinforcing Rule of Lenity Introduction The case of Michael Cargill v. Merrick Garland et al., decided by the United States Court of...
ACTGC v. New Orleans Archdiocesan Cemeteries: A Landmark Decision on Mootness and Market Definition in Antitrust Law

ACTGC v. New Orleans Archdiocesan Cemeteries: A Landmark Decision on Mootness and Market Definition in Antitrust Law

Date: Jan 7, 2023
ACTGC v. New Orleans Archdiocesan Cemeteries: A Landmark Decision on Mootness and Market Definition in Antitrust Law Introduction In the case of New Orleans Association of Cemetery Tour Guides and...
FasciaBlaster Fraud Litigation: Fifth Circuit Establishes Rigorous Standards for Class Action Certification and Enhanced Pleading Requirements

FasciaBlaster Fraud Litigation: Fifth Circuit Establishes Rigorous Standards for Class Action Certification and Enhanced Pleading Requirements

Date: Jan 6, 2023
FasciaBlaster Fraud Litigation: Fifth Circuit Establishes Rigorous Standards for Class Action Certification and Enhanced Pleading Requirements Introduction In the case of Emily Elson et al. v. Ashley...
Wallace v. Performance Contractors: Enhancing Protections Against Workplace Discrimination and Harassment

Wallace v. Performance Contractors: Enhancing Protections Against Workplace Discrimination and Harassment

Date: Jan 4, 2023
Wallace v. Performance Contractors: Enhancing Protections Against Workplace Discrimination and Harassment Introduction The case of Magan Wallace v. Performance Contractors, Incorporated, adjudicated...
Fifth Circuit Reverses on Fourth Amendment Excessive Force Claim Against Individual Officer in Vardeman v. City of Houston

Fifth Circuit Reverses on Fourth Amendment Excessive Force Claim Against Individual Officer in Vardeman v. City of Houston

Date: Dec 22, 2022
Fifth Circuit Reverses on Fourth Amendment Excessive Force Claim Against Individual Officer in Vardeman v. City of Houston Introduction In Vardeman v. City of Houston, 55 F.4th 1045 (2022), the...
Affirmation of Sentencing Enhancements under 18 U.S.C. § 922(n) in United States v. Avila

Affirmation of Sentencing Enhancements under 18 U.S.C. § 922(n) in United States v. Avila

Date: Dec 22, 2022
Affirmation of Sentencing Enhancements under 18 U.S.C. § 922(n) in United States v. Avila Introduction United States of America v. Samuel Jesus Avila, adjudicated by the United States Court of...
Affirmation of Preliminary Injunction Against Executive Order 14042 in State of Louisiana, Indiana, & Mississippi v. Biden

Affirmation of Preliminary Injunction Against Executive Order 14042 in State of Louisiana, Indiana, & Mississippi v. Biden

Date: Dec 20, 2022
Affirmation of Preliminary Injunction Against Executive Order 14042 in State of Louisiana, Indiana, & Mississippi v. Biden Introduction In the landmark case of State of Louisiana; State of Indiana;...
Rights of Intervention in Electric Transmission Regulatory Challenges: NextEra Energy Capital Holdings v. PUC of Texas

Rights of Intervention in Electric Transmission Regulatory Challenges: NextEra Energy Capital Holdings v. PUC of Texas

Date: Dec 8, 2022
Rights of Intervention in Electric Transmission Regulatory Challenges: NextEra Energy Capital Holdings v. Public Utility Commission of Texas Introduction The case of NextEra Energy Capital Holdings,...
Fifth Circuit Affirms CCR Due Process Dismissals, Remands Injunctive Relief in Escobarrivera v. Whitaker

Fifth Circuit Affirms CCR Due Process Dismissals, Remands Injunctive Relief in Escobarrivera v. Whitaker

Date: Dec 2, 2022
Fifth Circuit Affirms CCR Due Process Dismissals, Remands Injunctive Relief in Escobarrivera v. Whitaker Introduction The case of Renil Escobarrivera, Plaintiff-Appellant, versus various officials...
Qualified Immunity Adjudication Must Occur at Earliest Stage: Fifth Circuit Sets New Precedent

Qualified Immunity Adjudication Must Occur at Earliest Stage: Fifth Circuit Sets New Precedent

Date: Dec 1, 2022
Qualified Immunity Adjudication Must Occur at Earliest Stage: Fifth Circuit Sets New Precedent Introduction In the landmark case of Gwendolyn Carswell v. George A. Camp, adjudicated by the United...
Seville v. Maersk Line: Fifth Circuit Reinforces Strict Personal Jurisdiction and Venue Standards

Seville v. Maersk Line: Fifth Circuit Reinforces Strict Personal Jurisdiction and Venue Standards

Date: Nov 19, 2022
Seville v. Maersk Line: Fifth Circuit Reinforces Strict Personal Jurisdiction and Venue Standards Introduction The case of Stacy Seville, as Personal Representative of Peter Wojcikowski v. Maersk...
Barcenas-Rumualdo: Fifth Circuit Affirms §1326’s Constitutionality and Revises Supervised Release Sentencing

Barcenas-Rumualdo: Fifth Circuit Affirms §1326’s Constitutionality and Revises Supervised Release Sentencing

Date: Nov 19, 2022
Barcenas-Rumualdo: Fifth Circuit Affirms §1326’s Constitutionality and Revises Supervised Release Sentencing Introduction In United States of America v. Yobani Barcenas-Rumualdo, the United States...
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