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  • Commentaries
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5th Circuit Case Commentaries

Enhancing the Exhaustion Requirement under the Prison Litigation Reform Act: Favela v. Collier Analysis

Enhancing the Exhaustion Requirement under the Prison Litigation Reform Act: Favela v. Collier Analysis

Date: Feb 1, 2024
Enhancing the Exhaustion Requirement under the Prison Litigation Reform Act: Favela v. Collier Analysis Introduction In Favela v. Collier et al., the United States Court of Appeals for the Fifth...
Equitable Tolling Denied in Gender Discrimination Case: Strunk v. Methanex USA

Equitable Tolling Denied in Gender Discrimination Case: Strunk v. Methanex USA

Date: Feb 1, 2024
Equitable Tolling Denied in Gender Discrimination Case: Strunk v. Methanex USA Introduction The case of Crystal Strunk v. Methanex USA, L.L.C. addresses critical issues surrounding gender-based...
Rooker-Feldman Doctrine Affirms State Court's Restitution Enforcement in Bankruptcy Proceedings

Rooker-Feldman Doctrine Affirms State Court's Restitution Enforcement in Bankruptcy Proceedings

Date: Jan 31, 2024
Rooker-Feldman Doctrine Affirms State Court's Restitution Enforcement in Bankruptcy Proceedings Introduction In the case of John Gilani, Debtor, v. Wynn Las Vegas, L.L.C., the United States Court of...
Fifth Circuit Clarifies Personal Jurisdiction in Confirmation of Foreign Arbitral Awards under the New York Convention

Fifth Circuit Clarifies Personal Jurisdiction in Confirmation of Foreign Arbitral Awards under the New York Convention

Date: Jan 30, 2024
Fifth Circuit Clarifies Personal Jurisdiction in Confirmation of Foreign Arbitral Awards under the New York Convention Introduction In Conti 11. Container Schiffarts-GMBH & Co. KG M.S., MSC Flaminia,...
Affirmation of Probable Cause and Rejection of Acceptance-of-Responsibility in DUI Traffic Stop Case – United States v. Phillips

Affirmation of Probable Cause and Rejection of Acceptance-of-Responsibility in DUI Traffic Stop Case – United States v. Phillips

Date: Jan 30, 2024
Affirmation of Probable Cause and Rejection of Acceptance-of-Responsibility in DUI Traffic Stop Case – United States v. Phillips Introduction The case of United States of America, Plaintiff-Appellee,...
Rolex USA v. BeckerTime: Enhancing Standards for Trademark Infringement in Customized Luxury Goods

Rolex USA v. BeckerTime: Enhancing Standards for Trademark Infringement in Customized Luxury Goods

Date: Jan 27, 2024
Rolex USA v. BeckerTime: Enhancing Standards for Trademark Infringement in Customized Luxury Goods Introduction The case of Rolex Watch USA, Incorporated v. BeckerTime, L.L.C.; Matthew Becker...
Reversal of Denial of Habeas Petition Due to Ineffective Assistance of Counsel

Reversal of Denial of Habeas Petition Due to Ineffective Assistance of Counsel

Date: Jan 26, 2024
Reversal of Denial of Habeas Petition Due to Ineffective Assistance of Counsel Introduction The appellate decision in United States of America v. Lucas James Tighe (91 F.4th 771) addresses critical...
Fifth Circuit Upholds Moment of Threat Doctrine in Use of Deadly Force Cases

Fifth Circuit Upholds Moment of Threat Doctrine in Use of Deadly Force Cases

Date: Jan 24, 2024
Fifth Circuit Upholds Moment of Threat Doctrine in Use of Deadly Force Cases Introduction In the case of Janice Hughes Barnes, Individually and as Representative v. Roberto Felix, Jr.; County of...
Fifth Circuit Affirms Qualified Immunity in Arrest of Citizen-Journalist under Texas Statute

Fifth Circuit Affirms Qualified Immunity in Arrest of Citizen-Journalist under Texas Statute

Date: Jan 24, 2024
Qualified Immunity Upheld in Arrest of Citizen-Journalist for Soliciting Nonpublic Information Introduction In the case of Priscilla Villarreal v. The City of Laredo, Texas; Webb County, Texas;...
Fifth Circuit Affirms Denial of Qualified Immunity in Use of Excessive Force Case: Lewis v. Inocencio et al.

Fifth Circuit Affirms Denial of Qualified Immunity in Use of Excessive Force Case: Lewis v. Inocencio et al.

Date: Jan 23, 2024
Fifth Circuit Affirms Denial of Qualified Immunity in Use of Excessive Force Case: Lewis v. Inocencio et al. Introduction In the case of Shanetta Guidry Lewis v. Devin Inocencio; Victor Villarreal;...
Fifth Circuit Establishes Precedent for the Sale of Preference Claims Under 11 U.S.C. § 547

Fifth Circuit Establishes Precedent for the Sale of Preference Claims Under 11 U.S.C. § 547

Date: Jan 23, 2024
Fifth Circuit Establishes Precedent for the Sale of Preference Claims Under 11 U.S.C. § 547 Introduction The case In the Matter of South Coast Supply Company, Debtor, v. Robert W. Remmert, Appellee....
Interpretation of FVRA § 3346(a): Fifth Circuit Affirms Independent Operation of Acting Service Provisions

Interpretation of FVRA § 3346(a): Fifth Circuit Affirms Independent Operation of Acting Service Provisions

Date: Jan 23, 2024
Interpretation of FVRA § 3346(a): Fifth Circuit Affirms Independent Operation of Acting Service Provisions Introduction In the case of Emily Seago v. Martin O'Malley, heard by the United States Court...
Reinforcing Specific Personal Jurisdiction Standards and Issue Preservation: Shambaugh & Son v. Steadfast Insurance

Reinforcing Specific Personal Jurisdiction Standards and Issue Preservation: Shambaugh & Son v. Steadfast Insurance

Date: Jan 19, 2024
Reinforcing Specific Personal Jurisdiction Standards and Issue Preservation: Shambaugh & Son, L.P. v. Steadfast Insurance Company Introduction In the case of Shambaugh & Son, L.P. v. Steadfast...
READER Act Violates First Amendment Rights: Fifth Circuit Upholds Preliminary Injunction

READER Act Violates First Amendment Rights: Fifth Circuit Upholds Preliminary Injunction

Date: Jan 18, 2024
READER Act Violates First Amendment Rights: Fifth Circuit Upholds Preliminary Injunction Introduction In the landmark case Book People, Incorporated et al. v. Martha Wong et al., the United States...
Velasquez-Castillo v. Garland: Enforcing Mandatory TVPRA Proceedings for Unaccompanied Minors

Velasquez-Castillo v. Garland: Enforcing Mandatory TVPRA Proceedings for Unaccompanied Minors

Date: Jan 18, 2024
Velasquez-Castillo v. Garland: Enforcing Mandatory TVPRA Proceedings for Unaccompanied Minors Introduction The case of Kelmi Yarel Velasquez-Castillo v. Merrick Garland revolves around the denial of...
Reaffirming Humphrey's Executor Exception: CPSC's Agency Structure Upheld

Reaffirming Humphrey's Executor Exception: CPSC's Agency Structure Upheld

Date: Jan 18, 2024
Reaffirming Humphrey's Executor Exception: CPSC's Agency Structure Upheld Introduction In the case of Consumers' Research; By Two, L.P. v. Consumer Product Safety Commission, the United States Court...
Affirmation of Qualified Immunity Based on Uncontradicted Bodycam Footage in Shandra Hodge v. Engleman & Litvin

Affirmation of Qualified Immunity Based on Uncontradicted Bodycam Footage in Shandra Hodge v. Engleman & Litvin

Date: Jan 17, 2024
Affirmation of Qualified Immunity Based on Uncontradicted Bodycam Footage in Shandra Hodge v. Engleman & Litvin Introduction The case of Shandra Hodge, Individually and as the surviving mother of...
Fifth Circuit Clarifies Threshold for Rhines Stay in Capital Cases: Upholding Denial for Procedurally Defaulted Wiggins IATC Claims

Fifth Circuit Clarifies Threshold for Rhines Stay in Capital Cases: Upholding Denial for Procedurally Defaulted Wiggins IATC Claims

Date: Jan 17, 2024
Fifth Circuit Clarifies Threshold for Rhines Stay in Capital Cases: Upholding Denial for Procedurally Defaulted Wiggins IATC Claims Introduction In the case of Chuong Duong Tong v. Bobby Lumpkin, the...
5th Circuit Expands Interpretation of 'System Failure' in Cyber Risk Insurance Policies

5th Circuit Expands Interpretation of 'System Failure' in Cyber Risk Insurance Policies

Date: Jan 17, 2024
5th Circuit Expands Interpretation of 'System Failure' in Cyber Risk Insurance Policies Introduction In the landmark case Southwest Airlines Company v. Liberty Insurance Underwriters, Incorporated,...
Affirmation of Summary Judgment in Cotton v. Galveston County: High Bar for Deliberate Indifference in Pretrial Detainee Medical Care

Affirmation of Summary Judgment in Cotton v. Galveston County: High Bar for Deliberate Indifference in Pretrial Detainee Medical Care

Date: Jan 13, 2024
Affirmation of Summary Judgment in Cotton v. Galveston County: High Bar for Deliberate Indifference in Pretrial Detainee Medical Care Introduction The case of Kelly Stevenson-Cotton; Estate of Ronald...
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