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  • Commentaries
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5th Circuit Case Commentaries

Affirmation of Texas Constitution's Ban on Gratuitous Municipal Gifts in Commercial Contracts: Analysis of American Precision Ammunition v. City of Mineral Wells

Affirmation of Texas Constitution's Ban on Gratuitous Municipal Gifts in Commercial Contracts: Analysis of American Precision Ammunition v. City of Mineral Wells

Date: Jan 13, 2024
Affirmation of Texas Constitution's Ban on Gratuitous Municipal Gifts in Commercial Contracts: Analysis of American Precision Ammunition v. City of Mineral Wells Introduction In the landmark case of...
Fifth Circuit Affirms Aggregation of Foreign and Federal Sentences Affecting First Step Act Eligibility

Fifth Circuit Affirms Aggregation of Foreign and Federal Sentences Affecting First Step Act Eligibility

Date: Jan 13, 2024
Fifth Circuit Affirms Aggregation of Foreign and Federal Sentences Affecting First Step Act Eligibility Introduction The case of Jaime Antonio Martinez v. FNU Rosalez addresses the intersection of...
Affirmation of Dismissal Upholds Validity of Diminished Value Exclusions in Mississippi Uninsured Motorist Policies

Affirmation of Dismissal Upholds Validity of Diminished Value Exclusions in Mississippi Uninsured Motorist Policies

Date: Jan 13, 2024
Affirmation of Dismissal Upholds Validity of Diminished Value Exclusions in Mississippi Uninsured Motorist Policies Introduction In the case of Kenan Watkins v. Allstate Property & Casualty Insurance...
Establishing the Primacy of Oral Sentencing Pronouncements Over Written Judgments: United States v. Salinas De Leon

Establishing the Primacy of Oral Sentencing Pronouncements Over Written Judgments: United States v. Salinas De Leon

Date: Jan 13, 2024
Establishing the Primacy of Oral Sentencing Pronouncements Over Written Judgments: United States v. Salinas De Leon Introduction The case of United States of America v. Frances Salinas De Leon...
Fifth Circuit Certifies Key Questions on Mineral Royalty Calculations to the Supreme Court of Texas

Fifth Circuit Certifies Key Questions on Mineral Royalty Calculations to the Supreme Court of Texas

Date: Jan 13, 2024
Fifth Circuit Certifies Key Questions on Mineral Royalty Calculations to the Supreme Court of Texas Introduction In the appellate case Carl and White Trust v. Hilcorp Energy Company, the United...
Maritime Jurisdiction Clarified: Fifth Circuit Reverses District Court in Palfinger Marine USA, Inc. v. Jeremy Earnest

Maritime Jurisdiction Clarified: Fifth Circuit Reverses District Court in Palfinger Marine USA, Inc. v. Jeremy Earnest

Date: Jan 12, 2024
Maritime Jurisdiction Clarified: Fifth Circuit Reverses District Court in Palfinger Marine USA, Inc. v. Jeremy Earnest Introduction The case of Jeremy Earnest Plaintiff v. Palfinger Marine USA, Inc.,...
Role of Agency Expertise and Judicial Deference Confirmed in EPA's SO₂ Nonattainment Designations

Role of Agency Expertise and Judicial Deference Confirmed in EPA's SO₂ Nonattainment Designations

Date: Jan 12, 2024
Role of Agency Expertise and Judicial Deference Confirmed in EPA's SO₂ Nonattainment Designations Introduction This commentary examines the United States Court of Appeals, Fifth Circuit's decision in...
Fifth Circuit Denies Qualified Immunity in Excessive Force Claim: Bagley v. Guillen Establishes Clear Standards for Use of Force During Compliance

Fifth Circuit Denies Qualified Immunity in Excessive Force Claim: Bagley v. Guillen Establishes Clear Standards for Use of Force During Compliance

Date: Jan 11, 2024
Fifth Circuit Denies Qualified Immunity in Excessive Force Claim: Bagley v. Guillen Establishes Clear Standards for Use of Force During Compliance Introduction In the case of Akeem Bagley v. Rudy...
Affirmation of the Carr Factors in Denying Withdrawal of Guilty Plea Amid Claims of Ineffective Assistance of Counsel

Affirmation of the Carr Factors in Denying Withdrawal of Guilty Plea Amid Claims of Ineffective Assistance of Counsel

Date: Jan 11, 2024
Affirmation of the Carr Factors in Denying Withdrawal of Guilty Plea Amid Claims of Ineffective Assistance of Counsel Introduction In the case United States of America v. Travis R. James, decided on...
National Press Photographers Association v. McCraw: Upholding State Drone Regulations Against Facial First Amendment Challenges

National Press Photographers Association v. McCraw: Upholding State Drone Regulations Against Facial First Amendment Challenges

Date: Jan 11, 2024
National Press Photographers Association v. McCraw: Upholding State Drone Regulations Against Facial First Amendment Challenges Introduction The case of National Press Photographers Association;...
Affirmation of Employer's Duty: Employer Knowledge and Remedial Action Under Title VII in Johnson v. LSU Health Sciences Center

Affirmation of Employer's Duty: Employer Knowledge and Remedial Action Under Title VII in Johnson v. LSU Health Sciences Center

Date: Jan 9, 2024
Affirmation of Employer's Duty: Employer Knowledge and Remedial Action Under Title VII in Johnson v. LSU Health Sciences Center Introduction In the case of Carolyn Johnson v. Board of Supervisors of...
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...
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