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  • Commentaries
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5th Circuit Case Commentaries

Separation of Powers and Appropriations Clause: Fifth Circuit Reverses CFPB's Payday Lending Rule

Separation of Powers and Appropriations Clause: Fifth Circuit Reverses CFPB's Payday Lending Rule

Date: Oct 20, 2022
Separation of Powers and Appropriations Clause: Fifth Circuit Reverses CFPB's Payday Lending Rule Introduction In the landmark case Community Financial Services Association of America, Limited;...
Affirmation of Qualified Immunity in Use-of-Force Tasering: Henderson v. Harris County

Affirmation of Qualified Immunity in Use-of-Force Tasering: Henderson v. Harris County

Date: Oct 13, 2022
Affirmation of Qualified Immunity in Use-of-Force Tasering: Henderson v. Harris County Introduction The case of Jean Henderson; Christopher Devonte Henderson, Plaintiffs-Appellants, v. Harris County,...
Deliberate Indifference in Prison Medical Care: Smith v. Linthicum

Deliberate Indifference in Prison Medical Care: Smith v. Linthicum

Date: Oct 13, 2022
Deliberate Indifference in Prison Medical Care: Smith v. Linthicum Introduction Smith v. Linthicum is a significant case adjudicated by the United States Court of Appeals for the Fifth Circuit on...
Fifth Circuit Recognizes Implied-In-Fact Educational Contracts in Pandemic Response: Jones v. Tulane University

Fifth Circuit Recognizes Implied-In-Fact Educational Contracts in Pandemic Response: Jones v. Tulane University

Date: Oct 12, 2022
Fifth Circuit Recognizes Implied-In-Fact Educational Contracts in Pandemic Response: Jones v. Tulane University Introduction In the landmark case of Sylvia Jones, on behalf of herself and all others...
Fifth Circuit Reaffirms DACA Violations of APA, Mandates District Court Remand

Fifth Circuit Reaffirms DACA Violations of APA, Mandates District Court Remand

Date: Oct 6, 2022
Fifth Circuit Reaffirms DACA Violations of APA, Mandates District Court Remand Introduction The case State of Texas et al. v. United States of America addresses the legality of the Deferred Action...
Revisiting Diversity Jurisdiction: The Impact of Improper Joinder in Advanced Indicator v. Acadia Insurance

Revisiting Diversity Jurisdiction: The Impact of Improper Joinder in Advanced Indicator v. Acadia Insurance

Date: Oct 4, 2022
Revisiting Diversity Jurisdiction: The Impact of Improper Joinder in Advanced Indicator v. Acadia Insurance Introduction The case of Advanced Indicator and Manufacturing, Incorporated v. Acadia...
Qualified Immunity and Excessive Force: Fifth Circuit Clarifies Standards in Traffic Stop Incident

Qualified Immunity and Excessive Force: Fifth Circuit Clarifies Standards in Traffic Stop Incident

Date: Oct 1, 2022
Qualified Immunity and Excessive Force: Fifth Circuit Clarifies Standards in Traffic Stop Incident Introduction In the landmark case of De'On L. Crane v. City of Arlington (50 F.4th 453, 2022), the...
Standing in Contract and Tort Claims: Denning v. AIS Healthcare

Standing in Contract and Tort Claims: Denning v. AIS Healthcare

Date: Oct 1, 2022
Standing in Contract and Tort Claims: Denning v. AIS Healthcare Introduction The case of Randy Denning v. Bond Pharmacy, Incorporated, d.b.a. Advanced Infusion Care, Advanced Infusion Solutions, and...
Affirmation of Summary Judgment in Title VII Pregnancy Discrimination Case and Strict Limits on Late FLSA Claims Under the Fifth Circuit

Affirmation of Summary Judgment in Title VII Pregnancy Discrimination Case and Strict Limits on Late FLSA Claims Under the Fifth Circuit

Date: Sep 29, 2022
Affirmation of Summary Judgment in Title VII Pregnancy Discrimination Case and Strict Limits on Late FLSA Claims Under the Fifth Circuit Introduction In the landmark case Bailie Bye v. MGM Resorts...
Direct Physical Loss in Insurance Policies: Insights from Coleman E. Adler & Sons v. Axis Surplus Insurance Company

Direct Physical Loss in Insurance Policies: Insights from Coleman E. Adler & Sons v. Axis Surplus Insurance Company

Date: Sep 21, 2022
Direct Physical Loss in Insurance Policies: Insights from Coleman E. Adler & Sons v. Axis Surplus Insurance Company Introduction The case Coleman E. Adler & Sons, L.L.C.; Royal Cloud Nine, L.L.C.;...
State Sovereign Immunity Extends to Third-Party Subpoenas: Russell v. Judges

State Sovereign Immunity Extends to Third-Party Subpoenas: Russell v. Judges

Date: Sep 20, 2022
State Sovereign Immunity Extends to Third-Party Subpoenas: Russell v. Judges Introduction In Russell et al. v. Judges et al. (49 F.4th 507, 2022), the United States Court of Appeals for the Fifth...
Reaffirming Common Carrier Regulation: First Amendment Analysis in NetChoice v. Texas

Reaffirming Common Carrier Regulation: First Amendment Analysis in NetChoice v. Texas

Date: Sep 17, 2022
Reaffirming Common Carrier Regulation: First Amendment Analysis in NetChoice v. Texas Introduction The case of NetChoice, L.L.C. and Computer Communications Industry Association (CCIA) v. Ken Paxton,...
Qualified Immunity Reinforced: Fifth Circuit Upholds Officer Martin's Use of Force

Qualified Immunity Reinforced: Fifth Circuit Upholds Officer Martin's Use of Force

Date: Sep 9, 2022
Qualified Immunity Reinforced: Fifth Circuit Upholds Officer Martin's Use of Force Introduction In the landmark decision of Jacqueline Craig et al. v. William D. Martin, the United States Court of...
Limits of Permit Officer Authority and Qualified Immunity: Insights from Sweetin v. Texas City

Limits of Permit Officer Authority and Qualified Immunity: Insights from Sweetin v. Texas City

Date: Sep 3, 2022
Limits of Permit Officer Authority and Qualified Immunity: Insights from Sweetin v. Texas City Introduction The case of Sweetin; Rebecca Foster v. City of Texas City, Texas; Wendell Wylie (48 F.4th...
Balancing Medicaid Cost Caps and Disability Rights: Harrison v. Young Establishes Limits on Community-Based Care Mandates

Balancing Medicaid Cost Caps and Disability Rights: Harrison v. Young Establishes Limits on Community-Based Care Mandates

Date: Sep 1, 2022
Balancing Medicaid Cost Caps and Disability Rights: Harrison v. Young Establishes Limits on Community-Based Care Mandates Introduction Harrison v. Young, 48 F.4th 331 (2022), is a pivotal case...
Affirmation of the Primacy of 28 U.S.C. §2255 Over §2241 in Habeas Corpus Petitions: Hammoud v. Ma'at

Affirmation of the Primacy of 28 U.S.C. §2255 Over §2241 in Habeas Corpus Petitions: Hammoud v. Ma'at

Date: Sep 1, 2022
Affirmation of the Primacy of 28 U.S.C. §2255 Over §2241 in Habeas Corpus Petitions: Hammoud v. Ma'at Introduction The case of Mohamad Youssef Hammoud v. Warden Serkou Ma'at, adjudicated by the...
5th Circuit Clarifies the Scope of the Transportation Worker Exemption under the Federal Arbitration Act

5th Circuit Clarifies the Scope of the Transportation Worker Exemption under the Federal Arbitration Act

Date: Aug 31, 2022
5th Circuit Clarifies the Scope of the Transportation Worker Exemption under the Federal Arbitration Act Introduction The case of Douglas A. Lopez v. Cintas Corporation (47 F.4th 428) presents a...
NextEra Energy v. Public Utility Commission of Texas: Establishing Dormant Commerce Clause Precedent in Transmission Line Regulation

NextEra Energy v. Public Utility Commission of Texas: Establishing Dormant Commerce Clause Precedent in Transmission Line Regulation

Date: Aug 31, 2022
NextEra Energy v. Public Utility Commission of Texas: Establishing Dormant Commerce Clause Precedent in Transmission Line Regulation Introduction In the landmark case of NextEra Energy Capital...
Qualified Immunity Affirmed in Fourth Amendment Affidavit Omissions: Laviage v. Fite

Qualified Immunity Affirmed in Fourth Amendment Affidavit Omissions: Laviage v. Fite

Date: Aug 30, 2022
Qualified Immunity Affirmed in Fourth Amendment Affidavit Omissions: Laviage v. Fite Introduction The case of Dennis Laviage v. Jesse E. Fite (47 F.4th 402) serves as a significant precedent in the...
Affirmation of Permanent Injunction Protecting Religious Organizations from Forced Medical Procedures under RFRA

Affirmation of Permanent Injunction Protecting Religious Organizations from Forced Medical Procedures under RFRA

Date: Aug 27, 2022
Affirmation of Permanent Injunction Protecting Religious Organizations from Forced Medical Procedures under RFRA Introduction In the case of Franciscan Alliance, Incorporated; Christian Medical and...
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