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  • Commentaries
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5th Circuit Case Commentaries

Affirming Limits on Personal Jurisdiction: Danziger & De Llano v. Morgan Verkamp Explained

Affirming Limits on Personal Jurisdiction: Danziger & De Llano v. Morgan Verkamp Explained

Date: Jan 28, 2022
Affirming Limits on Personal Jurisdiction: Danziger & De Llano v. Morgan Verkamp Explained Introduction The case of Danziger & De Llano, L.L.P. v. Morgan Verkamp, L.L.C. adjudicated by the United...
Enhanced Sentencing Under ACCA: Divisibility of Texas Simple Robbery Statute Affirmed

Enhanced Sentencing Under ACCA: Divisibility of Texas Simple Robbery Statute Affirmed

Date: Jan 26, 2022
Enhanced Sentencing Under ACCA: Divisibility of Texas Simple Robbery Statute Affirmed 1. Introduction The case of United States of America v. David Lee Garrett, 24 F.4th 485 (5th Cir. 2022),...
Reliance on Bare Arrest Records in Sentencing: Insights from United States v. Zarco-Beiza

Reliance on Bare Arrest Records in Sentencing: Insights from United States v. Zarco-Beiza

Date: Jan 25, 2022
Reliance on Bare Arrest Records in Sentencing: Insights from United States v. Zarco-Beiza Case Reference: United States of America v. Heriberto Zarco-Beiza, 24 F.4th 477 (5th Cir. 2022) Introduction...
Fifth Circuit Upholds Strict Standards for Extraordinary Ability Visa: Emphasis on Agency Discretion and Exhaustion Requirements

Fifth Circuit Upholds Strict Standards for Extraordinary Ability Visa: Emphasis on Agency Discretion and Exhaustion Requirements

Date: Jan 25, 2022
Fifth Circuit Upholds Strict Standards for Extraordinary Ability Visa: Emphasis on Agency Discretion and Exhaustion Requirements Introduction The case of Bhaveshkumar Amin v. Alejandro Mayorkas et...
Williams v. Boeing Company: Fifth Circuit Sets New Standards for Asbestos Litigation and Wrongful Death Claims in Louisiana

Williams v. Boeing Company: Fifth Circuit Sets New Standards for Asbestos Litigation and Wrongful Death Claims in Louisiana

Date: Jan 13, 2022
Williams v. Boeing Company: Fifth Circuit Sets New Standards for Asbestos Litigation and Wrongful Death Claims in Louisiana Introduction The case of Tarsia Williams and Breck Williams v. Boeing...
Qualified Immunity Reinforced in Use of Tasers During Traffic Stops

Qualified Immunity Reinforced in Use of Tasers During Traffic Stops

Date: Jan 12, 2022
Qualified Immunity Reinforced in Use of Tasers During Traffic Stops Introduction In the landmark case Timothy Betts, Sr., Plaintiff-Appellee, v. Ross Brennan; Louisiana State Police; Department of...
Affirmation of Conviction for Drug Trafficking: Circumstantial Evidence and Rule 704(b) Expert Testimony in United States v. Lara

Affirmation of Conviction for Drug Trafficking: Circumstantial Evidence and Rule 704(b) Expert Testimony in United States v. Lara

Date: Jan 12, 2022
Affirmation of Conviction for Drug Trafficking: Circumstantial Evidence and Rule 704(b) Expert Testimony in United States v. Lara Introduction The case of United States of America v. Mary Ann Lara;...
Enforcing Settlement Agreements: Insights from Vikas WSP v. Economy Mud Products Co.

Enforcing Settlement Agreements: Insights from Vikas WSP v. Economy Mud Products Co.

Date: Jan 11, 2022
Enforcing Settlement Agreements: Insights from Vikas WSP v. Economy Mud Products Co. Introduction The case of Vikas WSP, Limited v. Economy Mud Products Company, heard by the United States Court of...
Enhancing Accountability in Class Action Attorney Fees: Insights from Fessler v. Porcelana Corona De Mexico

Enhancing Accountability in Class Action Attorney Fees: Insights from Fessler v. Porcelana Corona De Mexico

Date: Jan 11, 2022
Enhancing Accountability in Class Action Attorney Fees: Insights from Fessler v. Porcelana Corona De Mexico Introduction The case of Mark Fessler et al. v. Porcelana Corona De Mexico, S.A. de C.V....
Affirmation of Summary Judgment in Retaliation Claims under Title VII: A Comprehensive Analysis of Wantou v. Wal-Mart

Affirmation of Summary Judgment in Retaliation Claims under Title VII: A Comprehensive Analysis of Wantou v. Wal-Mart

Date: Jan 11, 2022
Affirmation of Summary Judgment in Retaliation Claims under Title VII: A Comprehensive Analysis of Wantou v. Wal-Mart Introduction The case of Yves Wantou v. Wal-Mart Stores Texas, L.L.C. (23 F.4th...
Failure to Respond to Rule 36 Requests for Admissions Leads to Summary Judgment: Poon-Atkins v. Sappington & Wal-Mart

Failure to Respond to Rule 36 Requests for Admissions Leads to Summary Judgment: Poon-Atkins v. Sappington & Wal-Mart

Date: Jan 11, 2022
Failure to Respond to Rule 36 Requests for Admissions Leads to Summary Judgment: Poon-Atkins v. Sappington & Wal-Mart Introduction The case of Christy Poon-Atkins, Plaintiff-Appellant, v. Sammy M....
Vacating Preliminary Injunction in Daves et al. v. Dallas County: Appellate Insights on Jurisdictional and Abstention Issues

Vacating Preliminary Injunction in Daves et al. v. Dallas County: Appellate Insights on Jurisdictional and Abstention Issues

Date: Jan 8, 2022
Vacating Preliminary Injunction in Daves et al. v. Dallas County: Appellate Insights on Jurisdictional and Abstention Issues Introduction In the case of Daves et al. v. Dallas County, Texas, a group...
Reaffirming Public Access: Fifth Circuit Clarifies Standards for Sealing Judicial Records in June Medical Services v. Louisiana

Reaffirming Public Access: Fifth Circuit Clarifies Standards for Sealing Judicial Records in June Medical Services v. Louisiana

Date: Jan 8, 2022
Reaffirming Public Access: Fifth Circuit Clarifies Standards for Sealing Judicial Records in June Medical Services v. Louisiana Introduction In June Medical Services, L.L.C. v. Louisiana, the United...
Enforcement of Arbitration Agreements by Third Parties: Newman v. Plains All American Pipeline

Enforcement of Arbitration Agreements by Third Parties: Newman v. Plains All American Pipeline

Date: Jan 8, 2022
Enforcement of Arbitration Agreements by Third Parties: Newman v. Plains All American Pipeline Introduction Newman v. Plains All American Pipeline is a pivotal case decided by the United States Court...
Limits of Equitable Tolling in AEDPA Applications: Jones v. Lumpkin

Limits of Equitable Tolling in AEDPA Applications: Jones v. Lumpkin

Date: Jan 6, 2022
Limits of Equitable Tolling in AEDPA Applications: Jones v. Lumpkin Introduction Sam Jones v. Bobby Lumpkin, adjudicated by the United States Court of Appeals for the Fifth Circuit in 2022, addresses...
Affirmation of Direct Physical Loss Requirement in Business Interruption Insurance: Terry Black's Barbecue v. State Automobile Mutual Insurance Company

Affirmation of Direct Physical Loss Requirement in Business Interruption Insurance: Terry Black's Barbecue v. State Automobile Mutual Insurance Company

Date: Jan 6, 2022
Affirmation of Direct Physical Loss Requirement in Business Interruption Insurance: Terry Black's Barbecue v. State Automobile Mutual Insurance Company Introduction The COVID-19 pandemic has...
Clarifying Prima Facie Eligibility Standards for Cancellation of Removal: Insights from Parada-Orellana v. Garland (5th Cir. 2022)

Clarifying Prima Facie Eligibility Standards for Cancellation of Removal: Insights from Parada-Orellana v. Garland (5th Cir. 2022)

Date: Jan 4, 2022
Clarifying Prima Facie Eligibility Standards for Cancellation of Removal: Insights from Parada-Orellana v. Garland (5th Cir. 2022) Introduction The case of Mirian Margarita Parada-Orellana v. Merrick...
Reinforcing Limits on Specific Personal Jurisdiction for Internet Publishers: Johnson v. Huffington Post

Reinforcing Limits on Specific Personal Jurisdiction for Internet Publishers: Johnson v. Huffington Post

Date: Dec 24, 2021
Reinforcing Limits on Specific Personal Jurisdiction for Internet Publishers: Johnson v. Huffington Post Introduction Charles Johnson, a citizen of Texas, brought a libel suit against The Huffington...
Sovereign Immunity and Ripeness in Declaratory Judgment Actions: Analysis of Walmart Inc. v. DOJ

Sovereign Immunity and Ripeness in Declaratory Judgment Actions: Analysis of Walmart Inc. v. DOJ

Date: Dec 23, 2021
Sovereign Immunity and Ripeness in Declaratory Judgment Actions: Analysis of Walmart Inc. v. DOJ Introduction The case of Walmart Inc., Plaintiff-Appellant, v. U.S. Department of Justice; U.S. Drug...
Improper Joinder of Non-Diverse Defendants in Federal Removal Cases: A New Precedent from the Fifth Circuit

Improper Joinder of Non-Diverse Defendants in Federal Removal Cases: A New Precedent from the Fifth Circuit

Date: Dec 17, 2021
Improper Joinder of Non-Diverse Defendants in Federal Removal Cases: A New Precedent from the Fifth Circuit Introduction The case of Mark A. Ticer, doing business as Law Office of Mark A. Ticer v....
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