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  • Commentaries
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5th Circuit Case Commentaries

Fifth Circuit Overturns Dismissal of Excessive-Force Claims in Civil Commitment Case Following Conviction Reversal

Fifth Circuit Overturns Dismissal of Excessive-Force Claims in Civil Commitment Case Following Conviction Reversal

Date: Feb 10, 2021
Fifth Circuit Overturns Dismissal of Excessive-Force Claims in Civil Commitment Case Following Conviction Reversal Introduction In the case of Lonnie Kade Welsh v. Correct Care Recovery Solutions et...
Fifth Circuit Upholds AEDPA's Exhaustion Bar in Denying Complete Defense Claims: Lucio v. TDCJ

Fifth Circuit Upholds AEDPA's Exhaustion Bar in Denying Complete Defense Claims: Lucio v. TDCJ

Date: Feb 10, 2021
Fifth Circuit Upholds AEDPA's Exhaustion Bar in Denying Complete Defense Claims: Lucio v. TDCJ Introduction In the landmark case of Melissa Elizabeth Lucio v. Bobby Lumpkin, Director, Texas...
Affirmation of Pinholster Bar on New Evidence in Batson Challenge: Broadnax v. Lumpkin

Affirmation of Pinholster Bar on New Evidence in Batson Challenge: Broadnax v. Lumpkin

Date: Feb 9, 2021
Affirmation of Pinholster Bar on New Evidence in Batson Challenge: Broadnax v. Lumpkin Introduction In the landmark case of James Garfield Broadnax v. Bobby Lumpkin, the United States Court of...
Fifth Circuit Upholds Qualified Immunity in Taser Use During Imminent Threat Scenario

Fifth Circuit Upholds Qualified Immunity in Taser Use During Imminent Threat Scenario

Date: Feb 9, 2021
Fifth Circuit Upholds Qualified Immunity in Taser Use During Imminent Threat Scenario Introduction The case of Ramirez v. Guadarrama and Jefferson presents a significant examination of qualified...
Affirmation of Dismissal for Insufficient Claims in Cledera v. United States

Affirmation of Dismissal for Insufficient Claims in Cledera v. United States

Date: Feb 6, 2021
Affirmation of Dismissal for Insufficient Claims in Cledera v. United States Introduction In the case of Robert Paul Magtulis Cledera v. United States, the plaintiff, Robert Cledera, filed a pro se...
First Step Act Enhances Retroactive Fair Sentencing: Winters v. United States

First Step Act Enhances Retroactive Fair Sentencing: Winters v. United States

Date: Feb 4, 2021
First Step Act Enhances Retroactive Fair Sentencing: Winters v. United States Introduction In the landmark case United States of America v. Jonathan Winters, the United States Court of Appeals for...
Stanford Investors Committee v. Bank Defendants: Intervention Denied in Ponzi Scheme Litigation

Stanford Investors Committee v. Bank Defendants: Intervention Denied in Ponzi Scheme Litigation

Date: Feb 4, 2021
Stanford Investors Committee v. Bank Defendants: Intervention Denied in Ponzi Scheme Litigation Introduction The appellate case Peggy Roif Rotstain, Official Stanford Investors Committee, Intervenor...
Affirmation of State Sovereign Immunity in ADA and FMLA Claims: Sullivan v. Texas A&M University System

Affirmation of State Sovereign Immunity in ADA and FMLA Claims: Sullivan v. Texas A&M University System

Date: Feb 3, 2021
Affirmation of State Sovereign Immunity in ADA and FMLA Claims: Sullivan v. Texas A&M University System Introduction In Sullivan v. Texas A&M University System, the United States Court of Appeals for...
Mootness Applied to Diversity Visa Status Adjustment Claims: Ermuraki v. Renaud

Mootness Applied to Diversity Visa Status Adjustment Claims: Ermuraki v. Renaud

Date: Feb 2, 2021
Mootness Applied to Diversity Visa Status Adjustment Claims: Ermuraki v. Renaud Introduction In Ermuraki v. Renaud, the United States Court of Appeals for the Fifth Circuit addressed a critical issue...
Fifth Circuit Affirms Denial of CAT Relief and Motion to Reopen in Removal Proceedings

Fifth Circuit Affirms Denial of CAT Relief and Motion to Reopen in Removal Proceedings

Date: Feb 2, 2021
Fifth Circuit Affirms Denial of CAT Relief and Motion to Reopen in Removal Proceedings Introduction In the case of Edgar Tibakweitira v. Robert M. Wilkinson, Acting U.S. Attorney General, the United...
Ensuring Judicial Impartiality: Analysis of Miller v. Sam Houston State University and Texas State University System

Ensuring Judicial Impartiality: Analysis of Miller v. Sam Houston State University and Texas State University System

Date: Jan 30, 2021
Ensuring Judicial Impartiality: Analysis of Miller v. Sam Houston State University and Texas State University System Introduction In the landmark case Audrey K. Miller, Plaintiff—Appellant, v. Sam...
Affirmation of Procedural Sufficiency in Sentencing: United States v. Coto-Mendoza

Affirmation of Procedural Sufficiency in Sentencing: United States v. Coto-Mendoza

Date: Jan 26, 2021
Affirmation of Procedural Sufficiency in Sentencing: United States v. Coto-Mendoza Introduction United States of America v. Francisco Coto-Mendoza, 986 F.3d 583 (5th Cir. 2021), is a significant...
Affirmation of Denial of Social Security Benefits: Upholding the Stone Severity Standard under SSR 85-28

Affirmation of Denial of Social Security Benefits: Upholding the Stone Severity Standard under SSR 85-28

Date: Jan 23, 2021
Affirmation of Denial of Social Security Benefits: Upholding the Stone Severity Standard under SSR 85-28 Introduction Case: Luzenia S. Keel, Plaintiff—Appellant, v. Andrew M. Saul, Commissioner of...
Daubert Standards Affirmed for Rule 23 Class Certification in Prantil v. Arkema

Daubert Standards Affirmed for Rule 23 Class Certification in Prantil v. Arkema

Date: Jan 23, 2021
Daubert Standards Affirmed for Rule 23 Class Certification in Prantil v. Arkema Introduction In Prantil v. Arkema Inc., the United States Court of Appeals for the Fifth Circuit addressed critical...
Eligibility vs. Entitlement for Sentence Reduction under the First Step Act

Eligibility vs. Entitlement for Sentence Reduction under the First Step Act

Date: Jan 22, 2021
Eligibility vs. Entitlement for Sentence Reduction under the First Step Act Introduction In the case of United States of America v. George Whitehead, Jr., the United States Court of Appeals for the...
Foreseeability of Harm and Bystander Standing in Maritime Wrongful Death: Ortega Garcia v. United States

Foreseeability of Harm and Bystander Standing in Maritime Wrongful Death: Ortega Garcia v. United States

Date: Jan 20, 2021
Foreseeability of Harm and Bystander Standing in Maritime Wrongful Death: Ortega Garcia v. United States Introduction The case of Francisco Ortega Garcia, individually and as surviving spouse of...
CWA Citizen Suits Can Proceed When State Enforcement Lacks Comparable Provisions: 5th Circuit Reverses Dismissal in Stringer v. Town of Jonesboro

CWA Citizen Suits Can Proceed When State Enforcement Lacks Comparable Provisions: 5th Circuit Reverses Dismissal in Stringer v. Town of Jonesboro

Date: Jan 19, 2021
CWA Citizen Suits Can Proceed When State Enforcement Lacks Comparable Provisions: 5th Circuit Reverses Dismissal in Stringer v. Town of Jonesboro Introduction In Renee Stringer v. Town of Jonesboro;...
Affirmation of Qualified Immunity in Civil Commitment §1983 Claims: Brown v. Tarrant County

Affirmation of Qualified Immunity in Civil Commitment §1983 Claims: Brown v. Tarrant County

Date: Jan 19, 2021
Affirmation of Qualified Immunity in Civil Commitment §1983 Claims: Brown v. Tarrant County Introduction Brown v. Tarrant County is a pivotal case adjudicated by the United States Court of Appeals...
Revisiting HIPAA Enforcement: Insights from University of Texas M.D. Anderson Cancer Center v. HHS

Revisiting HIPAA Enforcement: Insights from University of Texas M.D. Anderson Cancer Center v. HHS

Date: Jan 15, 2021
Revisiting HIPAA Enforcement: Insights from University of Texas M.D. Anderson Cancer Center v. HHS Introduction The case of University of Texas M.D. Anderson Cancer Center v. United States Department...
Defining the Relevant Market in Antitrust Claims: Insights from Shah v. VHS San Antonio Partners

Defining the Relevant Market in Antitrust Claims: Insights from Shah v. VHS San Antonio Partners

Date: Jan 14, 2021
Defining the Relevant Market in Antitrust Claims: Insights from Shah v. VHS San Antonio Partners Introduction In Shah v. VHS San Antonio Partners, L.L.C., the United States Court of Appeals for the...
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