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  • Commentaries
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5th Circuit Case Commentaries

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...
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...
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