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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

Mueck v. La Grange Acquisitions: Expanding ADA Protections for Alcoholism as a Disability

Mueck v. La Grange Acquisitions: Expanding ADA Protections for Alcoholism as a Disability

Date: Jul 22, 2023
Mueck v. La Grange Acquisitions: Expanding ADA Protections for Alcoholism as a Disability Introduction In the landmark case Clint Mueck, Plaintiff-Appellant, v. La Grange Acquisitions, L.P.,...
Excessive Force in Medical Emergencies: Clarifying Police Accountability under Section 1983

Excessive Force in Medical Emergencies: Clarifying Police Accountability under Section 1983

Date: Jul 19, 2023
Excessive Force in Medical Emergencies: Clarifying Police Accountability under Section 1983 Introduction In the appellate case of Shamarian Austin, Dependent Administrator of the Estate of Jamal Ali...
Affirmation of USERRA's Mixed-Motive Defense in Constructive Discharge Claims

Affirmation of USERRA's Mixed-Motive Defense in Constructive Discharge Claims

Date: Jul 18, 2023
Affirmation of USERRA's Mixed-Motive Defense in Constructive Discharge Claims Introduction In the landmark case of Daniel Arturo Garcia-Ascanio v. Spring Independent School District (74 F.4th 305,...
State-Created Danger Doctrine Rejected in Fifth Circuit for §1983 Claims

State-Created Danger Doctrine Rejected in Fifth Circuit for §1983 Claims

Date: Jul 15, 2023
State-Created Danger Doctrine Rejected in Fifth Circuit for §1983 Claims Introduction The case of Denise Fisher v. Jodi M. Moore et al. brings to the forefront the ongoing legal debate surrounding...
Fifth Circuit Upholds Three-Strike Rule Under 28 U.S.C. § 1915(g) in Prescott v. UTMB Galveston

Fifth Circuit Upholds Three-Strike Rule Under 28 U.S.C. § 1915(g) in Prescott v. UTMB Galveston

Date: Jul 11, 2023
Fifth Circuit Upholds Three-Strike Rule Under 28 U.S.C. § 1915(g) in Prescott v. UTMB Galveston Introduction In the case of Anthony Prescott v. UTMB Galveston Texas et al., the United States Court of...
Affirmation of Agency Discretion in Requiring Repayment for Material Falsities in Funding Applications

Affirmation of Agency Discretion in Requiring Repayment for Material Falsities in Funding Applications

Date: Jul 6, 2023
Affirmation of Agency Discretion in Requiring Repayment for Material Falsities in Funding Applications Introduction The case of OnPath Federal Credit Union v. United States Department of Treasury,...
Historical Tradition and the Constitutionality of Felon-in-Possession Firearm Laws: A Comprehensive Analysis of United States v. Jessie Bullock

Historical Tradition and the Constitutionality of Felon-in-Possession Firearm Laws: A Comprehensive Analysis of United States v. Jessie Bullock

Date: Jun 29, 2023
Historical Tradition and the Constitutionality of Felon-in-Possession Firearm Laws: A Comprehensive Analysis of United States v. Jessie Bullock Introduction In United States v. Jessie Bullock, the...
Martinez v. Nueces County: Affirmation of Dismissal Under Monell Standards

Martinez v. Nueces County: Affirmation of Dismissal Under Monell Standards

Date: Jun 24, 2023
Martinez v. Nueces County: Affirmation of Dismissal Under Monell Standards Introduction In the appellate case of George Martinez v. Nueces County, Texas; Well Path, L.L.C., 71 F.4th 385 (5th Cir....
Fifth Circuit Upholds RICO Conspiracy Convictions Against Cartel Members, Orders Resentencing for Sentencing Errors

Fifth Circuit Upholds RICO Conspiracy Convictions Against Cartel Members, Orders Resentencing for Sentencing Errors

Date: Jun 23, 2023
Fifth Circuit Upholds RICO Conspiracy Convictions Against Cartel Members, Orders Resentencing for Sentencing Errors Introduction In the case of United States of America v. Arturo Shows Urquidi and...
Narrow Interpretation of Compassionate Release Criteria Affirmed in United States v. McMaryion

Narrow Interpretation of Compassionate Release Criteria Affirmed in United States v. McMaryion

Date: Jun 23, 2023
Narrow Interpretation of Compassionate Release Criteria Affirmed in United States v. McMaryion Introduction In the case of United States of America, Plaintiff-Appellee, v. Jeffrey Allan McMaryion,...
Fifth Circuit Upholds BIA's Good Moral Character Determination in Cancellation of Removal Application

Fifth Circuit Upholds BIA's Good Moral Character Determination in Cancellation of Removal Application

Date: Jun 16, 2023
Fifth Circuit Upholds BIA's Good Moral Character Determination in Cancellation of Removal Application Introduction In the case of Jose Luis Medina Carreon v. Merrick Garland, U.S. Attorney General,...
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...
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