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  • Commentaries
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5th Circuit Case Commentaries

Enhancing Accountability in Law Enforcement: Gomez v. Galman et al.

Enhancing Accountability in Law Enforcement: Gomez v. Galman et al.

Date: Nov 19, 2021
Enhancing Accountability in Law Enforcement: Gomez v. Galman et al. A Comprehensive Analysis of 18 F.4th 769 Decision by the United States Court of Appeals, Fifth Circuit Introduction The case of...
Ensuring Fair Procedure in Sua Sponte Dismissals for Sovereign Immunity: Fifth Circuit Establishes New Precedent

Ensuring Fair Procedure in Sua Sponte Dismissals for Sovereign Immunity: Fifth Circuit Establishes New Precedent

Date: Nov 19, 2021
Ensuring Fair Procedure in Sua Sponte Dismissals for Sovereign Immunity: Fifth Circuit Establishes New Precedent Introduction In Tiffany Carver v. Rodrick Atwood, Sergeant; Herman Smith, Officer;...
Fifth Circuit Establishes Priority of EMC Umbrella Policy Over Excess Coverage in Insurance Allocation Disputes

Fifth Circuit Establishes Priority of EMC Umbrella Policy Over Excess Coverage in Insurance Allocation Disputes

Date: Nov 18, 2021
Fifth Circuit Establishes Priority of EMC Umbrella Policy Over Excess Coverage in Insurance Allocation Disputes Introduction In the case of Great American Insurance Company v. Employers Mutual...
Limits on OSHA's Emergency Temporary Standards: Fifth Circuit Stays COVID-19 Vaccine Mandate

Limits on OSHA's Emergency Temporary Standards: Fifth Circuit Stays COVID-19 Vaccine Mandate

Date: Nov 13, 2021
Limits on OSHA's Emergency Temporary Standards: Fifth Circuit Stays COVID-19 Vaccine Mandate Introduction The case of BST Holdings, L.L.C. et al. v. Occupational Safety and Health Administration...
Reversing Summary Judgment on Material Factual Disputes: Guzman v. Allstate and the Smoking Misrepresentation Standard

Reversing Summary Judgment on Material Factual Disputes: Guzman v. Allstate and the Smoking Misrepresentation Standard

Date: Nov 11, 2021
Reversing Summary Judgment on Material Factual Disputes: Guzman v. Allstate and the Smoking Misrepresentation Standard Introduction Mirna Guzman v. Allstate Assurance Company is a pivotal case...
Credibility Determinations in Asylum and CAT Claims: Insights from Arulnanthy v. Garland

Credibility Determinations in Asylum and CAT Claims: Insights from Arulnanthy v. Garland

Date: Nov 9, 2021
Credibility Determinations in Asylum and CAT Claims: Insights from Arulnanthy v. Garland Introduction The case of Jeevithan Arulnanthy v. Merrick Garland (17 F.4th 586) represents a significant...
Affirmation of Summary Judgment in FMLA Retaliation Claims: Houston v. Texas Department of Agriculture

Affirmation of Summary Judgment in FMLA Retaliation Claims: Houston v. Texas Department of Agriculture

Date: Nov 6, 2021
Affirmation of Summary Judgment in FMLA Retaliation Claims: Houston v. Texas Department of Agriculture Introduction In Ida Johnson Houston v. Texas Department of Agriculture; Commissioner Sid Miller,...
Affirmation of Res Judicata and Dismissal of Clean Water Act Claims in Stevens v. St. Tammany Parish Government

Affirmation of Res Judicata and Dismissal of Clean Water Act Claims in Stevens v. St. Tammany Parish Government

Date: Nov 4, 2021
Affirmation of Res Judicata and Dismissal of Clean Water Act Claims in Stevens v. St. Tammany Parish Government Introduction The case of Terri Lewis Stevens; Craig Rivera; Jennifer Rivera vs. St....
Enforcement of Arbitration Clauses via Electronic Notification: Gezu v. Charter Communications

Enforcement of Arbitration Clauses via Electronic Notification: Gezu v. Charter Communications

Date: Nov 3, 2021
Enforcement of Arbitration Clauses via Electronic Notification: Gezu v. Charter Communications Introduction In Fisseha Gezu v. Charter Communications, 17 F.4th 547 (5th Cir. 2021), the United States...
Clarifying Protected Activities and Reasonable Belief in Retaliation Claims under 42 U.S.C. § 1981: Scott v. U.S. Bank

Clarifying Protected Activities and Reasonable Belief in Retaliation Claims under 42 U.S.C. § 1981: Scott v. U.S. Bank

Date: Nov 3, 2021
Clarifying Protected Activities and Reasonable Belief in Retaliation Claims under 42 U.S.C. § 1981: Scott v. U.S. Bank Introduction The case of Paul Scott v. U.S. Bank National Association (16 F.4th...
Reaffirming Anti-Circularity in Asylum Law: The Fifth Circuit's Decision in Jaco v. Garland

Reaffirming Anti-Circularity in Asylum Law: The Fifth Circuit's Decision in Jaco v. Garland

Date: Oct 28, 2021
Reaffirming Anti-Circularity in Asylum Law: The Fifth Circuit's Decision in Jaco v. Garland Introduction Jaco v. Garland, decided by the United States Court of Appeals for the Fifth Circuit on...
Fifth Circuit Upholds Dismissal of Plaintiff's Discrimination and Bias Claims in Mandawala v. Northeast Baptist Hospital

Fifth Circuit Upholds Dismissal of Plaintiff's Discrimination and Bias Claims in Mandawala v. Northeast Baptist Hospital

Date: Oct 27, 2021
Fifth Circuit Upholds Dismissal of Plaintiff's Discrimination and Bias Claims in Mandawala v. Northeast Baptist Hospital Introduction In the case of Symon Mandawala v. Northeast Baptist Hospital et...
Affirmation of Qualified Immunity in Excessive Force Claims: Harmon & Woods v. City of Arlington

Affirmation of Qualified Immunity in Excessive Force Claims: Harmon & Woods v. City of Arlington

Date: Oct 27, 2021
Affirmation of Qualified Immunity in Excessive Force Claims: Harmon & Woods v. City of Arlington Introduction The case of Terrence Harmon; Sherley Woods, as Administratrix for the Estate of O'Shae...
Fifth Circuit’s Landmark Decision in Triton v. FDA: Enforcing Reasoned Agency Actions and Reliance Interests in E-Cigarette Regulation

Fifth Circuit’s Landmark Decision in Triton v. FDA: Enforcing Reasoned Agency Actions and Reliance Interests in E-Cigarette Regulation

Date: Oct 27, 2021
Fifth Circuit’s Landmark Decision in Triton v. FDA: Enforcing Reasoned Agency Actions and Reliance Interests in E-Cigarette Regulation Introduction The case of Wages and White Lion Investments,...
Affirmation of Jurisdictional Limits in Watchlist Placement: Ghedi v. Mayorkas et al.

Affirmation of Jurisdictional Limits in Watchlist Placement: Ghedi v. Mayorkas et al.

Date: Oct 26, 2021
Affirmation of Jurisdictional Limits in Watchlist Placement: Ghedi v. Mayorkas et al. 1. Introduction The case Abdulaziz Ghedi v. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security;...
Establishing Class Action Jurisdiction and Sovereign Immunity in Environmental Tort Cases: Butler v. Denka Performance Elastomer

Establishing Class Action Jurisdiction and Sovereign Immunity in Environmental Tort Cases: Butler v. Denka Performance Elastomer

Date: Oct 16, 2021
Establishing Class Action Jurisdiction and Sovereign Immunity in Environmental Tort Cases: Butler v. Denka Performance Elastomer Introduction In Butler v. Denka Performance Elastomer, L.L.C. et al....
Affirmation of District Court's Discretion in Denying Section 2255 Motion: United States v. Guzman

Affirmation of District Court's Discretion in Denying Section 2255 Motion: United States v. Guzman

Date: Oct 7, 2021
Affirmation of District Court's Discretion in Denying Section 2255 Motion: United States v. Guzman Introduction In United States v. Guzman, the Fifth Circuit Court of Appeals addressed the appellate...
Standing to Sue Prosecutors for Non-Prosecution After Assault: Lefebure v. D'Aquilla Sets Precedent

Standing to Sue Prosecutors for Non-Prosecution After Assault: Lefebure v. D'Aquilla Sets Precedent

Date: Oct 6, 2021
Standing to Sue Prosecutors for Non-Prosecution After Assault: Lefebure v. D'Aquilla Sets Precedent Introduction Lefebure v. D'Aquilla is a significant case adjudicated by the United States Court of...
Goldring v. United States: Reevaluation of Underpayment Interest Assessment

Goldring v. United States: Reevaluation of Underpayment Interest Assessment

Date: Oct 5, 2021
Goldring v. United States: Reevaluation of Underpayment Interest Assessment Introduction Goldring v. United States, 15 F.4th 639 (2021), is a pivotal case decided by the United States Court of...
Extended Overdraft Charges as Non-Interest Fees: Affirmation of OCC Interpretation under the National Bank Act

Extended Overdraft Charges as Non-Interest Fees: Affirmation of OCC Interpretation under the National Bank Act

Date: Sep 30, 2021
Extended Overdraft Charges as Non-Interest Fees: Affirmation of OCC Interpretation under the National Bank Act Introduction The case Sharonda L. Johnson v. BOKF National Association, reported in 15...
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