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  • Commentaries
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5th Circuit Case Commentaries

Equal Protection and Emergency Measures: Big Tyme Investments v. Edwards

Equal Protection and Emergency Measures: Big Tyme Investments v. Edwards

Date: Jan 14, 2021
Equal Protection and Emergency Measures: Big Tyme Investments v. Edwards Introduction In the landmark case Big Tyme Investments, L.L.C. et al. v. Edwards, 985 F.3d 456 (5th Cir. 2021), a coalition of...
Herndon v. Upton: Establishing Mootness in Habeas §2241 Petitions Post-Release

Herndon v. Upton: Establishing Mootness in Habeas §2241 Petitions Post-Release

Date: Jan 14, 2021
Herndon v. Upton: Establishing Mootness in Habeas §2241 Petitions Post-Release Introduction Herndon v. Upton, 985 F.3d 443 (5th Cir. 2021), addresses the critical issue of mootness in the context of...
Establishing a Rigorous Framework for "Similarly Situated" in FLSA Collective Actions: Swaeles et al. v. KLLM Transport Services

Establishing a Rigorous Framework for "Similarly Situated" in FLSA Collective Actions: Swaeles et al. v. KLLM Transport Services

Date: Jan 13, 2021
Establishing a Rigorous Framework for "Similarly Situated" in FLSA Collective Actions: Swaeles et al. v. KLLM Transport Services Introduction The case of Harry Swaeles; Corey Lilly; Kyle Shettles;...
State Sovereign Immunity Upholds Dismissal of Academic Retaliation Claims in Doe v. Harrell

State Sovereign Immunity Upholds Dismissal of Academic Retaliation Claims in Doe v. Harrell

Date: Jan 8, 2021
State Sovereign Immunity Upholds Dismissal of Academic Retaliation Claims in Doe v. Harrell Introduction The case of John Doe v. Melissa Harrell et al. addresses the complex interplay between...
Establishing Prima Facie Pay Discrimination Claims: Reversal in Lindsley v. TRT Holdings

Establishing Prima Facie Pay Discrimination Claims: Reversal in Lindsley v. TRT Holdings

Date: Jan 8, 2021
Establishing Prima Facie Pay Discrimination Claims: Reversal in Lindsley v. TRT Holdings Introduction Lindsley v. TRT Holdings, Inc. is a significant case adjudicated by the United States Court of...
Balancing Public Interest and Privacy in Employment Terminations: Taylor-Travis v. Jackson State University

Balancing Public Interest and Privacy in Employment Terminations: Taylor-Travis v. Jackson State University

Date: Jan 7, 2021
Balancing Public Interest and Privacy in Employment Terminations: Taylor-Travis v. Jackson State University Introduction In the case of Denise Taylor-Travis v. Jackson State University, docket number...
Good Faith Exception Limited by Probable Cause in Digital Evidence Searches: Morton v. USA

Good Faith Exception Limited by Probable Cause in Digital Evidence Searches: Morton v. USA

Date: Jan 6, 2021
Good Faith Exception Limited by Probable Cause in Digital Evidence Searches: Morton v. USA Introduction United States of America v. Brian Matthew Morton is a pivotal case adjudicated by the United...
Affirmation of Denial for Compassionate Release: Standards for Extraordinary and Compelling Reasons Amid COVID-19

Affirmation of Denial for Compassionate Release: Standards for Extraordinary and Compelling Reasons Amid COVID-19

Date: Jan 6, 2021
Affirmation of Denial for Compassionate Release: Standards for Extraordinary and Compelling Reasons Amid COVID-19 Introduction In the landmark case United States of America v. Chadwick Marvin...
Establishing Enhanced Valuation for Bribe Transactions under 18 U.S.C. § 666(a)(1)(B)

Establishing Enhanced Valuation for Bribe Transactions under 18 U.S.C. § 666(a)(1)(B)

Date: Jan 6, 2021
Establishing Enhanced Valuation for Bribe Transactions under 18 U.S.C. § 666(a)(1)(B) Introduction The case of United States of America v. Rodolfo Rudy Delgado (984 F.3d 435, 5th Cir. 2021) marks a...
Right to a Speedy Trial Reiterated: Application of the BARKER v. WINGO Balancing Test in United States v. Duran-Gomez

Right to a Speedy Trial Reiterated: Application of the BARKER v. WINGO Balancing Test in United States v. Duran-Gomez

Date: Dec 24, 2020
Right to a Speedy Trial Reiterated: Application of the BARKER v. WINGO Balancing Test in United States v. Duran-Gomez Introduction In the case of United States of America v. Wilmar Rene Duran-Gomez...
5th Circuit Establishes Clarified Standards for FLSA Claims in H-2B Visa Employment Cases

5th Circuit Establishes Clarified Standards for FLSA Claims in H-2B Visa Employment Cases

Date: Dec 22, 2020
5th Circuit Establishes Clarified Standards for FLSA Claims in H-2B Visa Employment Cases Introduction In the landmark case RUBEN MOLINA-ARANDA; JOSE EDUARDO MARTINEZ-VELA; JUAN GERARDO LOPEZ-QUESADA...
Defining Seller Status for E-Commerce Platforms: Amazon v. McMillan

Defining Seller Status for E-Commerce Platforms: Amazon v. McMillan

Date: Dec 19, 2020
Defining Seller Status for E-Commerce Platforms: Amazon v. McMillan Introduction The case of Morgan McMillan v. Amazon.com, Inc. addresses a pivotal question in the realm of e-commerce and product...
Qualified Immunity and Procedural Due Process: Analysis of Cunningham v. Castloo

Qualified Immunity and Procedural Due Process: Analysis of Cunningham v. Castloo

Date: Dec 19, 2020
Qualified Immunity and Procedural Due Process: Analysis of Cunningham v. Castloo Introduction Cunningham v. Castloo, 983 F.3d 185 (5th Cir. 2020), is a pivotal case addressing the intersection of...
Enforceability of Agency Regulations Under 42 U.S.C. § 1983: Insights from Thurman v. Medical Transportation Management, Inc.

Enforceability of Agency Regulations Under 42 U.S.C. § 1983: Insights from Thurman v. Medical Transportation Management, Inc.

Date: Dec 16, 2020
Enforceability of Agency Regulations Under 42 U.S.C. § 1983: Insights from Thurman v. Medical Transportation Management, Inc. Introduction The case of Leonard Thurman v. Medical Transportation...
Affirmation of Motion to Dismiss Under Federal Pleading Standards: Strickland v. Bank of New York Mellon

Affirmation of Motion to Dismiss Under Federal Pleading Standards: Strickland v. Bank of New York Mellon

Date: Dec 15, 2020
Affirmation of Motion to Dismiss Under Federal Pleading Standards: Strickland v. Bank of New York Mellon Introduction The case of Cline Strickland; Karen Strickland v. Bank of New York Mellon; Ocwen...
Federal Jurisdiction Over Stateless Entities: Insights from Mitchell v. Bailey and Hoopa Valley Tribe

Federal Jurisdiction Over Stateless Entities: Insights from Mitchell v. Bailey and Hoopa Valley Tribe

Date: Dec 15, 2020
Federal Jurisdiction Over Stateless Entities: Insights from Mitchell v. Bailey and Hoopa Valley Tribe Introduction The case of Matthew Mitchell v. Orico Bailey and Hoopa Valley Tribe serves as a...
5th Circuit Rules IIED Claims Precluded by Existing Statutory Remedies under Title VII

5th Circuit Rules IIED Claims Precluded by Existing Statutory Remedies under Title VII

Date: Dec 12, 2020
5th Circuit Rules IIED Claims Precluded by Existing Statutory Remedies under Title VII Introduction Stelly v. Duriso, 982 F.3d 403 (5th Cir. 2020) is a landmark case adjudicated by the United States...
USCIS Not Obligated to Travel to Incarcerated Applicants for Oath Administration: Mendoza-Tarango v. Flores

USCIS Not Obligated to Travel to Incarcerated Applicants for Oath Administration: Mendoza-Tarango v. Flores

Date: Dec 9, 2020
USCIS Not Obligated to Travel to Incarcerated Applicants for Oath Administration: Mendoza-Tarango v. Flores 1. Introduction Miguel Angel Mendoza-Tarango v. Simona Flores is a pivotal case adjudicated...
Reaffirmation of Admiralty Jurisdiction: DBL 134 Declared a Dead Ship Under the Limitation of Liability Act

Reaffirmation of Admiralty Jurisdiction: DBL 134 Declared a Dead Ship Under the Limitation of Liability Act

Date: Dec 8, 2020
Reaffirmation of Admiralty Jurisdiction: DBL 134 Declared a Dead Ship Under the Limitation of Liability Act Introduction The case of Southern Recycling, L.L.C. v. Nestor Aguilar et al. addresses...
Affirmation of Legitimate Non-Discriminatory Termination in Age Discrimination Claims

Affirmation of Legitimate Non-Discriminatory Termination in Age Discrimination Claims

Date: Dec 8, 2020
Affirmation of Legitimate Non-Discriminatory Termination in Age Discrimination Claims Introduction The case of Rosemary Salazar v. Lubbock County Hospital District, d/b/a University Medical Center...
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