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  • Commentaries
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5th Circuit Case Commentaries

Fifth Circuit Reverses Qualified Immunity in Excessive Force Case Involving Maximal Restraint Position

Fifth Circuit Reverses Qualified Immunity in Excessive Force Case Involving Maximal Restraint Position

Date: Apr 23, 2021
Fifth Circuit Reverses Qualified Immunity in Excessive Force Case Involving Maximal Restraint Position Introduction In the landmark case Estate of Jesse Aguirre v. City of San Antonio et al., the...
Affirmation of Qualified Immunity in Use of Deadly Force Cases: Batyukova v. Doege

Affirmation of Qualified Immunity in Use of Deadly Force Cases: Batyukova v. Doege

Date: Apr 22, 2021
Affirmation of Qualified Immunity in Use of Deadly Force Cases: Batyukova v. Doege Introduction The case of Inessa G. Batyukova v. Brandon Lee Doege (994 F.3d 717, 5th Cir. 2021) presents a...
Contra Non Valentem Doctrine Does Not Toll Prescription in Products Liability Claims Absent Discovery Rule: 5th Circuit Affirms Summary Judgment in Taxotere Alopecia Litigation

Contra Non Valentem Doctrine Does Not Toll Prescription in Products Liability Claims Absent Discovery Rule: 5th Circuit Affirms Summary Judgment in Taxotere Alopecia Litigation

Date: Apr 22, 2021
Contra Non Valentem Doctrine Does Not Toll Prescription in Products Liability Claims Absent Discovery Rule: 5th Circuit Affirms Summary Judgment in Taxotere Alopecia Litigation Introduction The case...
Reevaluating Multiplicity in Child Pornography Possession Cases: Insights from United States v. Naidoo

Reevaluating Multiplicity in Child Pornography Possession Cases: Insights from United States v. Naidoo

Date: Apr 20, 2021
Reevaluating Multiplicity in Child Pornography Possession Cases: Insights from United States v. Naidoo 1. Introduction In the landmark case of United States of America v. Taryn Goin Naidoo, the...
Causation in Failure-to-Warn Claims: Fifth Circuit Affirms Summary Judgment in Taxotere Litigation

Causation in Failure-to-Warn Claims: Fifth Circuit Affirms Summary Judgment in Taxotere Litigation

Date: Apr 20, 2021
Causation in Failure-to-Warn Claims: Fifth Circuit Affirms Summary Judgment in Taxotere Litigation Introduction The legal obligations of pharmaceutical manufacturers to adequately warn about...
Affirmation of Qualified Immunity and Strict Standards for Failure-to-Train Claims in Hutchenson v. Dallas County

Affirmation of Qualified Immunity and Strict Standards for Failure-to-Train Claims in Hutchenson v. Dallas County

Date: Apr 13, 2021
Affirmation of Qualified Immunity and Strict Standards for Failure-to-Train Claims in Hutchenson v. Dallas County Introduction In the case of Nicole Hutchenson and Ruth Boatner,...
Affirmation of SSA Disability Denial: Standards for Mental Impairment Severity

Affirmation of SSA Disability Denial: Standards for Mental Impairment Severity

Date: Apr 13, 2021
Affirmation of SSA Disability Denial: Standards for Mental Impairment Severity Introduction In the case of Cathy L. Jeansonne vs. Andrew M. Saul, Commissioner of Social Security, the United States...
Affirmation of District Court's Dismissal in Calhoun v. City of Houston Police Department

Affirmation of District Court's Dismissal in Calhoun v. City of Houston Police Department

Date: Apr 9, 2021
Affirmation of District Court's Dismissal in Calhoun v. City of Houston Police Department Introduction Calhoun v. City of Houston Police Department is a significant appellate decision rendered by the...
Fifth Circuit Clarifies Jurisdiction in Compassionate Release Cases Under the First Step Act

Fifth Circuit Clarifies Jurisdiction in Compassionate Release Cases Under the First Step Act

Date: Apr 8, 2021
Fifth Circuit Clarifies Jurisdiction in Compassionate Release Cases Under the First Step Act Introduction In the case of United States of America v. Francesk Shkambi, 993 F.3d 388 (5th Cir. 2021),...
Fifth Circuit Reaffirms Standards for Reasonable Use of Force in Arrests: Cloud v. Stone

Fifth Circuit Reaffirms Standards for Reasonable Use of Force in Arrests: Cloud v. Stone

Date: Apr 7, 2021
Fifth Circuit Reaffirms Standards for Reasonable Use of Force in Arrests: Cloud v. Stone Introduction In the case of Mark David Cloud; Patti Brandt Cloud, Plaintiffs—Appellants, v. Mike Stone,...
ICWA after the Fifth Circuit’s En Banc Decision in Brackeen: Federal Indian Affairs Power Affirmed, Targeted Anticommandeering Limits Announced, Tribal Reordering Upheld, and BIA’s “Good Cause” Burden Vacated

ICWA after the Fifth Circuit’s En Banc Decision in Brackeen: Federal Indian Affairs Power Affirmed, Targeted Anticommandeering Limits Announced, Tribal Reordering Upheld, and BIA’s “Good Cause” Burden Vacated

Date: Apr 7, 2021
ICWA after the Fifth Circuit’s En Banc Decision in Brackeen: Federal Indian Affairs Power Affirmed, Targeted Anticommandeering Limits Announced, Tribal Reordering Upheld, and BIA’s “Good Cause”...
Affirmation of Qualified Immunity in Fourth Amendment Excessive Force Case

Affirmation of Qualified Immunity in Fourth Amendment Excessive Force Case

Date: Apr 2, 2021
Affirmation of Qualified Immunity in Fourth Amendment Excessive Force Case Introduction The case of Albina Roque, individually, as heir at law to the Estate of Jason Roque, and on behalf of all...
Affirmation of Summary Judgment in Ross v. Judson Independent School District: Implications for Discrimination and Due Process Claims

Affirmation of Summary Judgment in Ross v. Judson Independent School District: Implications for Discrimination and Due Process Claims

Date: Apr 2, 2021
Affirmation of Summary Judgment in Ross v. Judson Independent School District: Implications for Discrimination and Due Process Claims Introduction Ross v. Judson Independent School District, 993 F.3d...
Affirmation of Res Judicata and Acceleration Abandonment in Home Equity Foreclosure Proceedings: Davis v. Ocwen

Affirmation of Res Judicata and Acceleration Abandonment in Home Equity Foreclosure Proceedings: Davis v. Ocwen

Date: Apr 1, 2021
Affirmation of Res Judicata and Acceleration Abandonment in Home Equity Foreclosure Proceedings: Davis v. Ocwen Introduction The case of Lorita Davis; Desi Arnez Davis v. Ocwen Loan Servicing, LLC;...
Enforcement of Arbitration Clauses in Settlement Agreements: Insights from Polyflow v. Specialty RTP

Enforcement of Arbitration Clauses in Settlement Agreements: Insights from Polyflow v. Specialty RTP

Date: Mar 31, 2021
Enforcement of Arbitration Clauses in Settlement Agreements: Insights from Polyflow v. Specialty RTP Introduction The case Polyflow, L.L.C. v. Specialty RTP, L.L.C.; John R. Wright, Jr., adjudicated...
Affirmation of Constructive Notice in Foreclosure Sales under Texas Law: Douglas v. Wells Fargo Analysis

Affirmation of Constructive Notice in Foreclosure Sales under Texas Law: Douglas v. Wells Fargo Analysis

Date: Mar 27, 2021
Affirmation of Constructive Notice in Foreclosure Sales under Texas Law: Douglas v. Wells Fargo Analysis Introduction In the case of Jason Douglas; Cheryl Douglas v. Wells Fargo Bank, N.A., the...
Ex Post Facto Implications in Sentencing: Fifth Circuit Upholds Use of 2018 Guidelines in Reyna-Aragon

Ex Post Facto Implications in Sentencing: Fifth Circuit Upholds Use of 2018 Guidelines in Reyna-Aragon

Date: Mar 27, 2021
Ex Post Facto Implications in Sentencing: Fifth Circuit Upholds Use of 2018 Guidelines in Reyna-Aragon Introduction In the case of United States of America v. Joel Reyna-Aragon, the United States...
Valentine v. Collier: Establishing Standards for Eighth Amendment Injunctive Relief in Correctional Facility COVID-19 Response

Valentine v. Collier: Establishing Standards for Eighth Amendment Injunctive Relief in Correctional Facility COVID-19 Response

Date: Mar 27, 2021
Valentine v. Collier: Establishing Standards for Eighth Amendment Injunctive Relief in Correctional Facility COVID-19 Response Introduction Valentine v. Collier is a pivotal case decided by the...
Newbury v. City of Windcrest: Upholding Stringent Standards for Title VII Sex Discrimination and Retaliation Claims

Newbury v. City of Windcrest: Upholding Stringent Standards for Title VII Sex Discrimination and Retaliation Claims

Date: Mar 23, 2021
Newbury v. City of Windcrest: Upholding Stringent Standards for Title VII Sex Discrimination and Retaliation Claims Introduction In Newbury v. City of Windcrest, the United States Court of Appeals...
Affirmation of Convictions and Implications for Juror Participation in Criminal Trials

Affirmation of Convictions and Implications for Juror Participation in Criminal Trials

Date: Mar 20, 2021
Affirmation of Convictions and Implications for Juror Participation in Criminal Trials Introduction In the case of United States of America v. Jerome Kieffer and Armstead Kieffer, the United States...
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