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  • Commentaries
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5th Circuit Case Commentaries

Enhanced Consideration of Temporal Proximity in ADA Discrimination Claims: Gosby v. Apache Industrial Services

Enhanced Consideration of Temporal Proximity in ADA Discrimination Claims: Gosby v. Apache Industrial Services

Date: Apr 9, 2022
Enhanced Consideration of Temporal Proximity in ADA Discrimination Claims: Gosby v. Apache Industrial Services Introduction In the landmark case Arlicia Gosby v. Apache Industrial Services,...
Crew/Employee Exclusion Clarified in Maritime Insurance Coverage: Barrios v. River Ventures

Crew/Employee Exclusion Clarified in Maritime Insurance Coverage: Barrios v. River Ventures

Date: Apr 6, 2022
Crew/Employee Exclusion Clarified in Maritime Insurance Coverage: Barrios v. River Ventures Introduction The case of Devin Barrios Plaintiff, v. River Ventures, L.L.C., Defendant-Appellant, XL...
Reversal of Summary Judgment in Premises-Liability Case Establishes Nuanced Approach to Sham-Affidavit Doctrine

Reversal of Summary Judgment in Premises-Liability Case Establishes Nuanced Approach to Sham-Affidavit Doctrine

Date: Apr 6, 2022
Reversal of Summary Judgment in Maria Seigler v. Wal-Mart Stores Texas, L.L.C. Establishes Nuanced Approach to Sham-Affidavit Doctrine Introduction In Maria Seigler v. Wal-Mart Stores Texas, L.L.C.,...
Mandamus as a Remedy for Abuse of Discretion in Severance and Transfer Orders: Analysis of Defense Distributed v. NJ Attorney General

Mandamus as a Remedy for Abuse of Discretion in Severance and Transfer Orders: Analysis of Defense Distributed v. NJ Attorney General

Date: Apr 2, 2022
Mandamus as a Remedy for Abuse of Discretion in Severance and Transfer Orders: Analysis of Defense Distributed v. NJ Attorney General Introduction In the case of Defense Distributed; Second Amendment...
Limitations on Federal Jurisdiction in COVID-19 Nursing Home Negligence Claims: Key Insights from Perez v. Southeast Nursing

Limitations on Federal Jurisdiction in COVID-19 Nursing Home Negligence Claims: Key Insights from Perez v. Southeast Nursing

Date: Apr 1, 2022
Limitations on Federal Jurisdiction in COVID-19 Nursing Home Negligence Claims: Key Insights from Perez v. Southeast Nursing Introduction In the aftermath of the COVID-19 pandemic, numerous legal...
Affirmation of Intervention Rights: Republican Committees in Texas SB 1 Challenge

Affirmation of Intervention Rights: Republican Committees in Texas SB 1 Challenge

Date: Mar 26, 2022
Affirmation of Intervention Rights: Republican Committees in Texas SB 1 Challenge Introduction The case of La Union del Pueblo Entero et al. v. Gregory W. Abbott et al. (29 F.4th 299) represents a...
Affirmation of Denial for Business Income Losses Due to COVID-19 Closures: Q Clothier vs. Twin City Fire Insurance Company

Affirmation of Denial for Business Income Losses Due to COVID-19 Closures: Q Clothier vs. Twin City Fire Insurance Company

Date: Mar 23, 2022
Affirmation of Denial for Business Income Losses Due to COVID-19 Closures: Q Clothier vs. Twin City Fire Insurance Company Introduction The COVID-19 pandemic prompted unprecedented actions by state...
Johnson Act and Sovereign Immunity: Federal Court Jurisdiction in Utility Ratepayer Claims

Johnson Act and Sovereign Immunity: Federal Court Jurisdiction in Utility Ratepayer Claims

Date: Mar 22, 2022
Johnson Act and Sovereign Immunity: Federal Court Jurisdiction in Utility Ratepayer Claims Introduction The case of Ray C. Turnage et al. v. Sam Britton et al. (29 F.4th 232) presents a significant...
Affirming the Non-Enforceability of State Court Judgments Against Government Entities: Insights from Ariyan v. Sewerage & Water Board of New Orleans

Affirming the Non-Enforceability of State Court Judgments Against Government Entities: Insights from Ariyan v. Sewerage & Water Board of New Orleans

Date: Mar 22, 2022
Affirming the Non-Enforceability of State Court Judgments Against Government Entities: Insights from Ariyan v. Sewerage & Water Board of New Orleans Introduction The case of Ariyan, Incorporated et...
5th Circuit Establishes Importance of Personal Involvement for Qualified Immunity in §1983 Claims

5th Circuit Establishes Importance of Personal Involvement for Qualified Immunity in §1983 Claims

Date: Mar 22, 2022
5th Circuit Establishes Importance of Personal Involvement for Qualified Immunity in §1983 Claims Introduction The case of Magnolia Island Plantation, L.L.C.; Barbara Marie Carey Lollar v. Julian C....
EX PARTE YOUNG and Sovereign Immunity: Limiting Suits Against State Officials in Election Law

EX PARTE YOUNG and Sovereign Immunity: Limiting Suits Against State Officials in Election Law

Date: Mar 17, 2022
EX PARTE YOUNG and Sovereign Immunity: Limiting Suits Against State Officials in Election Law Introduction The case of Texas Alliance for Retired Americans; Sylvia Bruni; DSCC; DCCC,...
Enhancement of Sentencing Guidelines in Child Exploitation Cases: United States v. McGavitt

Enhancement of Sentencing Guidelines in Child Exploitation Cases: United States v. McGavitt

Date: Mar 12, 2022
Enhancement of Sentencing Guidelines in Child Exploitation Cases: United States v. McGavitt Introduction In the landmark case United States of America v. George Daniel McGavitt, adjudicated by the...
Establishing Hostile Work Environment through Unauthorized Viewing of Private Material: Analysis of Abbt v. City of Houston

Establishing Hostile Work Environment through Unauthorized Viewing of Private Material: Analysis of Abbt v. City of Houston

Date: Mar 12, 2022
Establishing Hostile Work Environment through Unauthorized Viewing of Private Material: Analysis of Abbt v. City of Houston Introduction Melinda Abbt v. City of Houston; is a significant appellate...
Affirmation of Qualified Immunity in Excessive Force Claims: Templeton v. Austin Police Department

Affirmation of Qualified Immunity in Excessive Force Claims: Templeton v. Austin Police Department

Date: Mar 12, 2022
Affirmation of Qualified Immunity in Excessive Force Claims: Templeton v. Austin Police Department Introduction In the case of James Templeton v. Austin Police Department, heard by the United States...
Affirmation of Dismissal in DPPA Violation Case: Key Legal Principles and Implications

Affirmation of Dismissal in DPPA Violation Case: Key Legal Principles and Implications

Date: Mar 12, 2022
Affirmation of Dismissal in DPPA Violation Case: Key Legal Principles and Implications Introduction In the case of Derek Allen; Leandre Bishop; John Burns, Plaintiffs-Appellants, v. Vertafore,...
Interpreting FMLA Protections: Price v. International Paper Establishes Standards for Intermittent Leave

Interpreting FMLA Protections: Price v. International Paper Establishes Standards for Intermittent Leave

Date: Mar 11, 2022
Interpreting FMLA Protections: Price v. International Paper Establishes Standards for Intermittent Leave Introduction In the landmark case of John Price v. International Paper Company, the United...
Federal Preemption under the PREP Act: Insights from Mitchell v. Advanced HCS, L.L.C.

Federal Preemption under the PREP Act: Insights from Mitchell v. Advanced HCS, L.L.C.

Date: Mar 11, 2022
Federal Preemption under the PREP Act: Insights from Mitchell v. Advanced HCS, L.L.C. Introduction In the landmark case Troy Mitchell, Individually and on Behalf of the Estate of Emma Mitchell,...
United States v. Rodriguez: Clarifying the Threshold for Extraordinary and Compelling Reasons in Compassionate Release Requests

United States v. Rodriguez: Clarifying the Threshold for Extraordinary and Compelling Reasons in Compassionate Release Requests

Date: Mar 11, 2022
United States v. Rodriguez: Clarifying the Threshold for Extraordinary and Compelling Reasons in Compassionate Release Requests Introduction The case of United States of America v. Rafael Ramon...
Expanding Prisoner Rights: Shkambi Precedent Influences Compassionate Release Decisions

Expanding Prisoner Rights: Shkambi Precedent Influences Compassionate Release Decisions

Date: Mar 10, 2022
Expanding Prisoner Rights: Shkambi Precedent Influences Compassionate Release Decisions Introduction In the case of United States of America v. David Lee Jackson (27 F.4th 1088), the United States...
Boundary Between Legal Filming of Police and Hindrance: Insights from Buehler v. City of Austin

Boundary Between Legal Filming of Police and Hindrance: Insights from Buehler v. City of Austin

Date: Mar 4, 2022
Boundary Between Legal Filming of Police and Hindrance: Insights from Buehler v. City of Austin Introduction Antonio Buehler v. Randy Dear et al. is a pivotal case adjudicated by the United States...
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