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  • Commentaries
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5th Circuit Case Commentaries

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...
Single-Document Notice Requirement under §1229(a) in In Absentia Removal Proceedings Post Niz-Chavez

Single-Document Notice Requirement under §1229(a) in In Absentia Removal Proceedings Post Niz-Chavez

Date: Sep 28, 2021
Single-Document Notice Requirement under §1229(a) in In Absentia Removal Proceedings Post Niz-Chavez Introduction Rodriguez v. Garland is a pivotal case decided by the United States Court of Appeals...
Exhaustion of Administrative Remedies in Compassionate Release: United States v. Garrett

Exhaustion of Administrative Remedies in Compassionate Release: United States v. Garrett

Date: Sep 25, 2021
Exhaustion of Administrative Remedies in Compassionate Release: United States v. Garrett Introduction The case of United States of America v. Leondus Garrett, adjudicated by the United States Court...
Qualified Immunity and Law Enforcement's Identity Requests: Analysis of Kokesh v. Curlee

Qualified Immunity and Law Enforcement's Identity Requests: Analysis of Kokesh v. Curlee

Date: Sep 22, 2021
Qualified Immunity and Law Enforcement's Identity Requests: Analysis of Kokesh v. Curlee Introduction In the landmark case of Adam Kokesh v. Kevin Curlee, adjudicated by the United States Court of...
Knowledge Requirement and Harmless Error in the Controlled Analogue Enforcement Act: A Comprehensive Analysis of United States v. Muhammad

Knowledge Requirement and Harmless Error in the Controlled Analogue Enforcement Act: A Comprehensive Analysis of United States v. Muhammad

Date: Sep 17, 2021
Knowledge Requirement and Harmless Error in the Controlled Analogue Enforcement Act: A Comprehensive Analysis of United States v. Muhammad Introduction In the case of United States of America v....
5th Circuit Establishes Claim-Specific Arbitration Waivers in Forby v. One Technologies

5th Circuit Establishes Claim-Specific Arbitration Waivers in Forby v. One Technologies

Date: Sep 15, 2021
5th Circuit Establishes Claim-Specific Arbitration Waivers in Forby v. One Technologies Introduction The case Vickie Forby v. One Technologies, L.P., heard by the United States Court of Appeals for...
Qualified Immunity Denied in Excessive Force Case: Poole v. City of Shreveport

Qualified Immunity Denied in Excessive Force Case: Poole v. City of Shreveport

Date: Sep 11, 2021
Qualified Immunity Denied in Excessive Force Case: Poole v. City of Shreveport Introduction In Janice Irene Creech Poole v. City of Shreveport; Jon Briceno, 13 F.4th 420 (2021), the United States...
Enhancing Musical Expression: Barilla v. City of Houston on Busking Ordinances

Enhancing Musical Expression: Barilla v. City of Houston on Busking Ordinances

Date: Sep 11, 2021
Enhancing Musical Expression: Barilla v. City of Houston on Busking Ordinances Introduction Barilla v. City of Houston is a landmark case decided by the United States Court of Appeals for the Fifth...
Clarifying the Salary Basis Test for Highly Compensated Employees under the Fair Labor Standards Act

Clarifying the Salary Basis Test for Highly Compensated Employees under the Fair Labor Standards Act

Date: Sep 10, 2021
Clarifying the Salary Basis Test for Highly Compensated Employees under the Fair Labor Standards Act Introduction In the landmark case Michael J. Hewitt v. Helix Energy Solutions Group, Incorporated,...
Affirmation and Partial Vacatur in RICO and VICAR Convictions: United States v. McClaren et al.

Affirmation and Partial Vacatur in RICO and VICAR Convictions: United States v. McClaren et al.

Date: Sep 10, 2021
Affirmation and Partial Vacatur in RICO and VICAR Convictions: United States v. McClaren et al. Introduction The appellate decision in United States of America v. Delwin McClaren; Dedrick Keelen;...
Reevaluation of Diversity Jurisdiction in Employment Litigation: Hicks v. Martinrea Automotive Structures

Reevaluation of Diversity Jurisdiction in Employment Litigation: Hicks v. Martinrea Automotive Structures

Date: Sep 8, 2021
Reevaluation of Diversity Jurisdiction in Employment Litigation: Hicks v. Martinrea Automotive Structures Introduction The case of Hicks v. Martinrea Automotive Structures, adjudicated by the United...
United States v. Scott: Affirming Defense Counsel's Strategic Discretion Under Strickland

United States v. Scott: Affirming Defense Counsel's Strategic Discretion Under Strickland

Date: Aug 28, 2021
United States v. Scott: Affirming Defense Counsel's Strategic Discretion Under Strickland A Comprehensive Commentary on 11 F.4th 364 Decision by the Fifth Circuit 1. Introduction In United States of...
Ward v. United States: Affirmation of District Court's Use of §3553(a) Factors in Compassionate Release Denials

Ward v. United States: Affirmation of District Court's Use of §3553(a) Factors in Compassionate Release Denials

Date: Aug 27, 2021
Ward v. United States: Affirmation of District Court's Use of §3553(a) Factors in Compassionate Release Denials Introduction Jessica Ward (also known as Jessica Lynn Ward), the Petitioner-Appellant,...
Affirmation of Summary Judgment in Jennings v. Towers Watson Establishes Clarity on ADA's Temporary Injuries and Exhaustion of Administrative Remedies

Affirmation of Summary Judgment in Jennings v. Towers Watson Establishes Clarity on ADA's Temporary Injuries and Exhaustion of Administrative Remedies

Date: Aug 26, 2021
Affirmation of Summary Judgment in Jennings v. Towers Watson Establishes Clarity on ADA's Temporary Injuries and Exhaustion of Administrative Remedies Introduction In the landmark case of Christian...
Clarifying the 'Employee' Definition under the Texas Anti-Indemnity Act: Insights from Maxim Crane Works v. Zurich

Clarifying the 'Employee' Definition under the Texas Anti-Indemnity Act: Insights from Maxim Crane Works v. Zurich

Date: Aug 26, 2021
Clarifying the 'Employee' Definition under the Texas Anti-Indemnity Act: Insights from Maxim Crane Works v. Zurich Introduction The case of Maxim Crane Works, L.P. v. Zurich American Insurance...
Enhancing the Scope of the Law Enforcement Proviso: Insights from Dickson v. United States

Enhancing the Scope of the Law Enforcement Proviso: Insights from Dickson v. United States

Date: Aug 24, 2021
Enhancing the Scope of the Law Enforcement Proviso: Insights from Dickson v. United States Introduction Case Citation: Bryan Kerr Dickson v. United States of America, 11 F.4th 308 (U.S. Court of...
Hester v. Bell-Textron: 5th Circuit Clarifies Causation and Interference Standards for FMLA Claims

Hester v. Bell-Textron: 5th Circuit Clarifies Causation and Interference Standards for FMLA Claims

Date: Aug 24, 2021
Hester v. Bell-Textron: 5th Circuit Clarifies Causation and Interference Standards for FMLA Claims Introduction James R. Hester, an engineer employed by Bell-Textron, Incorporated, filed a lawsuit...
Fifth Circuit Reinforces APA Standards: DHS's Rescission of Migrant Protection Protocols Found Arbitrary and Capricious

Fifth Circuit Reinforces APA Standards: DHS's Rescission of Migrant Protection Protocols Found Arbitrary and Capricious

Date: Aug 20, 2021
Fifth Circuit Reinforces APA Standards: DHS's Rescission of Migrant Protection Protocols Found Arbitrary and Capricious Introduction In the case of State of Texas; State of Missouri v. Joseph R....
Comprehensive Commentary on Texas Entertainment Association v. Glenn Hegar: Fifth Circuit's Landmark Ruling on Associational Standing and First Amendment Constraints

Comprehensive Commentary on Texas Entertainment Association v. Glenn Hegar: Fifth Circuit's Landmark Ruling on Associational Standing and First Amendment Constraints

Date: Aug 20, 2021
Comprehensive Commentary on Texas Entertainment Association v. Glenn Hegar: Fifth Circuit's Landmark Ruling on Associational Standing and First Amendment Constraints Introduction The case of Texas...
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