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  • Commentaries
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5th Circuit Case Commentaries

Kendrick v. United States: Upholding Wiretap Legitimacy and Conspiracy Conviction

Kendrick v. United States: Upholding Wiretap Legitimacy and Conspiracy Conviction

Date: Nov 4, 2020
Kendrick v. United States: Upholding Wiretap Legitimacy and Conspiracy Conviction 1. Introduction In the case of United States of America v. Troy Kendrick, Jr. (980 F.3d 432, 5th Cir. 2020), the...
Defining Particularity and Social Distinction in Withholding of Removal: Insights from Suate-Orellana v. Barr

Defining Particularity and Social Distinction in Withholding of Removal: Insights from Suate-Orellana v. Barr

Date: Nov 4, 2020
Defining Particularity and Social Distinction in Withholding of Removal: Insights from Suate-Orellana v. Barr Introduction The case of Ninoska Suate-Orellana v. William P. Barr, U.S. Attorney General...
Fifth Circuit Sets Precedent on FMLA Protected Activities and Retaliation Claims

Fifth Circuit Sets Precedent on FMLA Protected Activities and Retaliation Claims

Date: Nov 4, 2020
Fifth Circuit Sets Precedent on FMLA Protected Activities and Retaliation Claims Introduction In the case of John Besser v. Texas General Land Office, decided on November 3, 2020, the United States...
Affirmation of Procedural Exhaustion in Compassionate Release Cases: United States v. Rivas

Affirmation of Procedural Exhaustion in Compassionate Release Cases: United States v. Rivas

Date: Nov 3, 2020
Affirmation of Procedural Exhaustion in Compassionate Release Cases: United States v. Rivas Introduction In the case of United States of America v. Joe Gary Rivas, Jr., the United States Court of...
Enhancing the Definition of "Crime of Violence" under 18 U.S.C. § 924(c): The Fifth Circuit's Decision in In Re: Orlando Cordia Hall

Enhancing the Definition of "Crime of Violence" under 18 U.S.C. § 924(c): The Fifth Circuit's Decision in In Re: Orlando Cordia Hall

Date: Oct 31, 2020
Enhancing the Definition of "Crime of Violence" under 18 U.S.C. § 924(c): The Fifth Circuit's Decision in In Re: Orlando Cordia Hall Introduction In the landmark case IN RE: ORLANDO CORDIA HALL, Mo...
Kimeka Price v. EPA: Defining Adverse Employment Actions in Title VII Claims

Kimeka Price v. EPA: Defining Adverse Employment Actions in Title VII Claims

Date: Oct 31, 2020
Kimeka Price v. EPA: Defining Adverse Employment Actions in Title VII Claims Introduction The case Kimeka Price v. Andrew Wheeler, Acting Administrator, U.S. Environmental Protection Agency was...
Speech First, Inc. v. Fenvés: Affirming Associational Standing in Free Speech Policy Challenges

Speech First, Inc. v. Fenvés: Affirming Associational Standing in Free Speech Policy Challenges

Date: Oct 29, 2020
Speech First, Inc. v. Fenvés: Affirming Associational Standing in Free Speech Policy Challenges Introduction In the landmark case Speech First, Inc. v. Gregory L. Fenvés, the United States Court of...
Reinforcing Personal Jurisdiction Standards: Libersat v. Sundance Energy, Inc.

Reinforcing Personal Jurisdiction Standards: Libersat v. Sundance Energy, Inc.

Date: Oct 27, 2020
Reinforcing Personal Jurisdiction Standards: Libersat v. Sundance Energy, Inc. Introduction In the landmark case of Libersat v. Sundance Energy, Inc., the United States Court of Appeals for the Fifth...
Affirmation of FTCA Customs-Duty Exception and Qualified Immunity for CBP Agents in Border Seizure Context

Affirmation of FTCA Customs-Duty Exception and Qualified Immunity for CBP Agents in Border Seizure Context

Date: Oct 24, 2020
Affirmation of FTCA Customs-Duty Exception and Qualified Immunity for CBP Agents in Border Seizure Context Introduction The case of Emmanuel Angulo v. Shawn Brown, Jeffery McCrystal, and the United...
Clarifying Qualified Immunity in Unreasonable Search Allegations: Arnold v. Williams

Clarifying Qualified Immunity in Unreasonable Search Allegations: Arnold v. Williams

Date: Oct 24, 2020
Clarifying Qualified Immunity in Unreasonable Search Allegations: Arnold v. Williams Introduction Arnold v. Williams, 979 F.3d 262 (5th Cir. 2020), is a pivotal case adjudicated by the United States...
Reanimating Zombie Laws: Standing to Challenge Unenforced Charter Provisions in Houston

Reanimating Zombie Laws: Standing to Challenge Unenforced Charter Provisions in Houston

Date: Oct 24, 2020
Reanimating Zombie Laws: Standing to Challenge Unenforced Charter Provisions in Houston Introduction The case of Joe Richard Pool, III; Trenton Donn Pool; Accelevate2020, L.L.C. v. City of Houston;...
Affirming AEDPA’s Successive Habeas Petition Bar on Rule 60(b) Motions: Will v. Lumpkin

Affirming AEDPA’s Successive Habeas Petition Bar on Rule 60(b) Motions: Will v. Lumpkin

Date: Oct 23, 2020
Affirming AEDPA’s Successive Habeas Petition Bar on Rule 60(b) Motions: Will v. Lumpkin Introduction In Robert Gene Will II v. Bobby Lumpkin, the United States Court of Appeals for the Fifth Circuit...
Fifth Circuit Rules section 2241 Habeas Corpus Petition as Abuse of the Writ in Postconviction Challenges

Fifth Circuit Rules section 2241 Habeas Corpus Petition as Abuse of the Writ in Postconviction Challenges

Date: Oct 21, 2020
Fifth Circuit Rules section 2241 Habeas Corpus Petition as Abuse of the Writ in Postconviction Challenges Introduction In the case of Roberto Beras v. Calvin Johnson, Warden, Oakdale Federal...
5th Circuit Upholds Texas Mail-in Ballot Signature Verification Procedures Amid Due Process Challenge

5th Circuit Upholds Texas Mail-in Ballot Signature Verification Procedures Amid Due Process Challenge

Date: Oct 20, 2020
5th Circuit Upholds Texas Mail-in Ballot Signature Verification Procedures Amid Due Process Challenge Introduction In the landmark case Doctor George Richardson et al. v. Texas Secretary of State,...
Fifth Circuit Vacates ACA Challenge Dismissal in Dierlam v. Trump, Mandates Thorough Mootness Analysis

Fifth Circuit Vacates ACA Challenge Dismissal in Dierlam v. Trump, Mandates Thorough Mootness Analysis

Date: Oct 16, 2020
Fifth Circuit Vacates ACA Challenge Dismissal in Dierlam v. Trump, Mandates Thorough Mootness Analysis Introduction John J. Dierlam v. Donald J. Trump et al. is a significant case adjudicated by the...
Balancing Public Health and Voting Rights: Fifth Circuit's Ruling in Mi Familia Vota v. Abbott

Balancing Public Health and Voting Rights: Fifth Circuit's Ruling in Mi Familia Vota v. Abbott

Date: Oct 15, 2020
Balancing Public Health and Voting Rights: Fifth Circuit's Ruling in Mi Familia Vota v. Abbott Introduction The case of Mi Familia Vota; Texas State Conference of the NAACP; Guadalupe Torres v. Greg...
Twenty-Sixth Amendment Upholds Age-Based Mail-In Voting in Texas

Twenty-Sixth Amendment Upholds Age-Based Mail-In Voting in Texas

Date: Oct 15, 2020
Twenty-Sixth Amendment Upholds Age-Based Mail-In Voting in Texas Introduction The case of Texas Democratic Party v. Abbott addresses a pivotal question in election law: whether age-based restrictions...
Distinguishing Civil and Criminal Contempt Sanctions: Insights from Ravago Americas L.L.C. v. Vinmar International Limited

Distinguishing Civil and Criminal Contempt Sanctions: Insights from Ravago Americas L.L.C. v. Vinmar International Limited

Date: Oct 14, 2020
Distinguishing Civil and Criminal Contempt Sanctions: Insights from Ravago Americas L.L.C. v. Vinmar International Limited Introduction The case of Ravago Americas L.L.C. v. Vinmar International...
Reaffirming PLRA Exhaustion Requirements and Deliberate Indifference Standards in the Context of COVID-19: Valentine v. Collier

Reaffirming PLRA Exhaustion Requirements and Deliberate Indifference Standards in the Context of COVID-19: Valentine v. Collier

Date: Oct 14, 2020
Reaffirming PLRA Exhaustion Requirements and Deliberate Indifference Standards in the Context of COVID-19: Valentine v. Collier Introduction The case of Valentine v. Collier addresses critical issues...
Affirmation of Summary Judgment in McGill v. BP: Reinforcing Daubert Standards in Toxic Tort Litigation

Affirmation of Summary Judgment in McGill v. BP: Reinforcing Daubert Standards in Toxic Tort Litigation

Date: Oct 13, 2020
Affirmation of Summary Judgment in McGill v. BP: Reinforcing Daubert Standards in Toxic Tort Litigation Introduction The case of Blaine McGill v. BP Exploration & Production, Incorporated; BP America...
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