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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

RICO Conspiracy Not Classified as a Crime of Violence under §924: United States v. Jasmine Perry et al.

RICO Conspiracy Not Classified as a Crime of Violence under §924: United States v. Jasmine Perry et al.

Date: May 13, 2022
RICO Conspiracy Not Classified as a Crime of Violence under §924: United States v. Jasmine Perry et al. Introduction The case of United States of America, Plaintiff-Appellee, v. Jasmine Perry,...
Affirmation of No Likelihood of Confusion in Trademark Claims Against Educational Institutions

Affirmation of No Likelihood of Confusion in Trademark Claims Against Educational Institutions

Date: May 11, 2022
Affirmation of No Likelihood of Confusion in Trademark Claims Against Educational Institutions Introduction The case Springboards to Education, Incorporated v. Pharr-San Juan-Alamo Independent School...
Novelozo v. BP Exploration & Production Inc.: Strengthening the Standards for Expert Causation Testimony Under Daubert

Novelozo v. BP Exploration & Production Inc.: Strengthening the Standards for Expert Causation Testimony Under Daubert

Date: May 10, 2022
Novelozo v. BP Exploration & Production Inc.: Strengthening the Standards for Expert Causation Testimony Under Daubert Introduction In the civil action Novelozo v. BP Exploration & Production Inc.,...
Affirming Aiding and Abetting Conviction for Drug Possession: Standards for Plain Error Review and Indictment Sufficiency

Affirming Aiding and Abetting Conviction for Drug Possession: Standards for Plain Error Review and Indictment Sufficiency

Date: May 6, 2022
Affirming Aiding and Abetting Conviction for Drug Possession: Standards for Plain Error Review and Indictment Sufficiency Introduction In the case of United States of America v. Juan Rojelio Cabello,...
Fifth Circuit Upholds Constitutional Challenge to CFPB's Funding Structure: Implications for Separation of Powers

Fifth Circuit Upholds Constitutional Challenge to CFPB's Funding Structure: Implications for Separation of Powers

Date: May 3, 2022
Fifth Circuit Upholds Constitutional Challenge to CFPB's Funding Structure: Implications for Separation of Powers Introduction In the landmark case of Consumer Financial Protection Bureau (CFPB) v....
5th Circuit Establishes Nuanced Application of Independent Intermediary Doctrine in False Arrest Actions Involving Multiple Intermediaries

5th Circuit Establishes Nuanced Application of Independent Intermediary Doctrine in False Arrest Actions Involving Multiple Intermediaries

Date: Apr 29, 2022
5th Circuit Establishes Nuanced Application of Independent Intermediary Doctrine in False Arrest Actions Involving Multiple Intermediaries Introduction The case of John Wilson et al. v. Brent Stroman...
Delegation of Judicial Authority in Supervised Release: Insights from Mejia-Banegas

Delegation of Judicial Authority in Supervised Release: Insights from Mejia-Banegas

Date: Apr 27, 2022
Delegation of Judicial Authority in Supervised Release: Insights from Mejia-Banegas Introduction In the case of United States of America v. Jairo Armando Mejia-Banegas, 32 F.4th 450 (5th Cir. 2022),...
Qualified Immunity Upholds Officers’ Actions in Minimal Excessive Force Claim – Solis v. Serrett & Sims

Qualified Immunity Upholds Officers’ Actions in Minimal Excessive Force Claim – Solis v. Serrett & Sims

Date: Apr 22, 2022
Qualified Immunity Upholds Officers’ Actions in Minimal Excessive Force Claim – Solis v. Serrett & Sims Introduction Jessica Lorraine Solis, the plaintiff-appellee, brought forth a legal challenge...
Affirmation of Summary Judgment in Title VII Employment Discrimination: Analyzing Saketkoo v. Administrators of the Tulane Educational Fund

Affirmation of Summary Judgment in Title VII Employment Discrimination: Analyzing Saketkoo v. Administrators of the Tulane Educational Fund

Date: Apr 22, 2022
Affirmation of Summary Judgment in Title VII Employment Discrimination: Analyzing Saketkoo v. Administrators of the Tulane Educational Fund Introduction In the case of Lesley Ann Saketkoo v....
Establishing Nuances in Qualified Immunity: Insights from Edwards v. Oliver

Establishing Nuances in Qualified Immunity: Insights from Edwards v. Oliver

Date: Apr 20, 2022
Establishing Nuances in Qualified Immunity: Insights from Edwards v. Oliver Introduction In the landmark case of Edwards v. Oliver, adjudicated by the United States Court of Appeals for the Fifth...
Qualified and Statutory Immunities Uphold Law Enforcement Protection in Constable Heap v. Smith

Qualified and Statutory Immunities Uphold Law Enforcement Protection in Constable Heap v. Smith

Date: Apr 15, 2022
Qualified and Statutory Immunities Uphold Law Enforcement Protection in Constable Heap v. Smith Introduction The case of Constable Herschel Smith v. Constable Ted Heap (31 F.4th 905) adjudicated by...
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...
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