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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

Affirmation of Denial for Withdrawal of Guilty Plea Based on Ineffective Assistance of Counsel: United States v. Strother

Affirmation of Denial for Withdrawal of Guilty Plea Based on Ineffective Assistance of Counsel: United States v. Strother

Date: Oct 10, 2020
Affirmation of Denial for Withdrawal of Guilty Plea Based on Ineffective Assistance of Counsel: United States v. Strother Introduction In the case of United States v. Maceo Strother, the defendant,...
Ensuring Consistency Between Oral Sentencing Pronouncements and Written Supervised Release Conditions: A Comprehensive Analysis of United States v. Omigie

Ensuring Consistency Between Oral Sentencing Pronouncements and Written Supervised Release Conditions: A Comprehensive Analysis of United States v. Omigie

Date: Oct 8, 2020
Ensuring Consistency Between Oral Sentencing Pronouncements and Written Supervised Release Conditions: A Comprehensive Analysis of United States v. Omigie Introduction In the case of United States of...
Limitation of Manufacturer Liability Under the Mississippi Product Liability Act: Jordan v. Maxfield & Oberton Holdings

Limitation of Manufacturer Liability Under the Mississippi Product Liability Act: Jordan v. Maxfield & Oberton Holdings

Date: Oct 8, 2020
Limitation of Manufacturer Liability Under the Mississippi Product Liability Act: Jordan v. Maxfield & Oberton Holdings Introduction In the landmark case Jordan v. Maxfield & Oberton Holdings,...
Affirmation of Attempted Enticement Conviction under 18 U.S.C. § 2422(b): Peterson v. United States

Affirmation of Attempted Enticement Conviction under 18 U.S.C. § 2422(b): Peterson v. United States

Date: Oct 7, 2020
Affirmation of Attempted Enticement Conviction under 18 U.S.C. § 2422(b): Peterson v. United States Introduction In the case of United States of America v. Gary Glenn Peterson, 977 F.3d 381 (5th Cir....
Affirmation of Conviction in Aiding and Abetting Firearm Offenses: United States v. Fields

Affirmation of Conviction in Aiding and Abetting Firearm Offenses: United States v. Fields

Date: Oct 3, 2020
Affirmation of Conviction in Aiding and Abetting Firearm Offenses: United States v. Fields Introduction In the case of United States of America v. Darius Fields, the United States Court of Appeals...
Strict Scrutiny on Removal: Non-Parties Cannot Utilize Removal Jurisdiction in Valencia v. Allstate Texas Lloyd's

Strict Scrutiny on Removal: Non-Parties Cannot Utilize Removal Jurisdiction in Valencia v. Allstate Texas Lloyd's

Date: Oct 3, 2020
Strict Scrutiny on Removal: Non-Parties Cannot Utilize Removal Jurisdiction in Valencia v. Allstate Texas Lloyd's Introduction Valencia v. Allstate Texas Lloyd's is a pivotal case from the United...
Validation of Oral Adoption of Sentencing Conditions in United States v. Grogan

Validation of Oral Adoption of Sentencing Conditions in United States v. Grogan

Date: Oct 3, 2020
Validation of Oral Adoption of Sentencing Conditions in United States v. Grogan Introduction United States v. Xavier Grogan, 977 F.3d 348 (5th Cir. 2020), presents a pivotal decision by the United...
Affirmation of Dismissal for Time-Barred Fraudulent Transfer and Res Judicata in Dynex Capital v. Plaintiffs

Affirmation of Dismissal for Time-Barred Fraudulent Transfer and Res Judicata in Dynex Capital v. Plaintiffs

Date: Oct 3, 2020
Affirmation of Dismissal for Time-Barred Fraudulent Transfer and Res Judicata in Dynex Capital v. Plaintiffs Introduction The case Basic Capital Management, Incorporated; Transcontinental Realty...
Preservation of Election Rules Pre-Election: Fifth Circuit Grants Stay in Texas Alliance for Retired Americans v. Ruth Hughes

Preservation of Election Rules Pre-Election: Fifth Circuit Grants Stay in Texas Alliance for Retired Americans v. Ruth Hughes

Date: Oct 1, 2020
Preservation of Election Rules Pre-Election: Fifth Circuit Grants Stay in Texas Alliance for Retired Americans v. Ruth Hughes Introduction In the case of Texas Alliance for Retired Americans; Sylvia...
Affirmation of Dismissal for Failure to State a Claim Under Title VII: Brackens v. Stericycle, Inc.

Affirmation of Dismissal for Failure to State a Claim Under Title VII: Brackens v. Stericycle, Inc.

Date: Sep 30, 2020
Affirmation of Dismissal for Failure to State a Claim Under Title VII: Brackens v. Stericycle, Inc. Introduction In Brandon Lee Brackens, Plaintiff—Appellant, v. Stericycle, Incorporated; Brian...
Fifth Circuit Rejects Unconstitutional Trial Penalty in Sentencing of Daniela Gozes-Wagner

Fifth Circuit Rejects Unconstitutional Trial Penalty in Sentencing of Daniela Gozes-Wagner

Date: Sep 29, 2020
Fifth Circuit Rejects Unconstitutional Trial Penalty in Sentencing of Daniela Gozes-Wagner Introduction In the case of United States of America v. Daniela Gozes-Wagner (977 F.3d 323), the United...
Anaya v. Lumpkin: Affirming the Duty of Counsel to Advise Felons on Self-Defense Implications in Plea Bargaining

Anaya v. Lumpkin: Affirming the Duty of Counsel to Advise Felons on Self-Defense Implications in Plea Bargaining

Date: Sep 26, 2020
Anaya v. Lumpkin: Affirming the Duty of Counsel to Advise Felons on Self-Defense Implications in Plea Bargaining Introduction David Abram Anaya, the petitioner, was charged with murder and aggravated...
Alter Ego Doctrine and Diversity Jurisdiction in State Agency Litigation: Lamar Co. v. Mississippi Transportation Commission

Alter Ego Doctrine and Diversity Jurisdiction in State Agency Litigation: Lamar Co. v. Mississippi Transportation Commission

Date: Sep 23, 2020
Alter Ego Doctrine and Diversity Jurisdiction in State Agency Litigation: Lamar Co. v. Mississippi Transportation Commission Introduction The case The Lamar Company, L.L.C., Plaintiff—Appellant, v....
Qualified Immunity Reversed: Implications of Mayfield v. Currie on Fourth Amendment Jurisprudence

Qualified Immunity Reversed: Implications of Mayfield v. Currie on Fourth Amendment Jurisprudence

Date: Sep 23, 2020
Qualified Immunity Reversed: Implications of Mayfield v. Currie on Fourth Amendment Jurisprudence Introduction The case of Robin Mayfield; Owen Mayfield; William Mayfield; The Estate of Mark Stevens...
Reinforcing the Burden of Proof in Copyright Digital Sampling Cases: Batiste v. Macklemore & Lewis

Reinforcing the Burden of Proof in Copyright Digital Sampling Cases: Batiste v. Macklemore & Lewis

Date: Sep 23, 2020
Reinforcing the Burden of Proof in Copyright Digital Sampling Cases: Batiste v. Macklemore & Lewis Introduction In the landmark case of Paul Batiste, doing business as Artang Publishing, L.L.C. v....
Administrative Procedures and Due Process in Medicare Recoupments: Sahara Health Care v. Azar

Administrative Procedures and Due Process in Medicare Recoupments: Sahara Health Care v. Azar

Date: Sep 19, 2020
Administrative Procedures and Due Process in Medicare Recoupments: Sahara Health Care v. Azar Introduction In the landmark case of Sahara Health Care, Incorporated v. Azar, Sahara Health Care...
Affirmation of the Borrowed Servant Doctrine under the Longshore & Harbor Workers' Compensation Act

Affirmation of the Borrowed Servant Doctrine under the Longshore & Harbor Workers' Compensation Act

Date: Sep 17, 2020
Affirmation of the Borrowed Servant Doctrine under the Longshore & Harbor Workers' Compensation Act Introduction The case of Walter Skipper v. A&M Dockside Repair, Inc. addresses the application of...
Fifth Circuit Upholds CBP's Forfeiture Process as Satisfying Due Process: Serrano v. Customs and Border Protection

Fifth Circuit Upholds CBP's Forfeiture Process as Satisfying Due Process: Serrano v. Customs and Border Protection

Date: Sep 17, 2020
Fifth Circuit Upholds CBP's Forfeiture Process as Satisfying Due Process: Serrano v. Customs and Border Protection Introduction In the case of Gerardo Serrano v. Customs and Border Protection, the...
Qualified Immunity in University Disciplinary Proceedings: The Walsh v. Defendants Case

Qualified Immunity in University Disciplinary Proceedings: The Walsh v. Defendants Case

Date: Sep 16, 2020
Qualified Immunity in University Disciplinary Proceedings: The Walsh v. Defendants Case Introduction The case of Ralph Clay Walsh, Jr. v. Lisa Hodge et al., adjudicated by the United States Court of...
5th Circuit Reaffirms Standards for Title VII Retaliation Claims: Badgerow v. REJ Properties

5th Circuit Reaffirms Standards for Title VII Retaliation Claims: Badgerow v. REJ Properties

Date: Sep 12, 2020
5th Circuit Reaffirms Standards for Title VII Retaliation Claims: Badgerow v. REJ Properties Introduction The case of Denise A. Badgerow v. REJ Properties, Inc. serves as a significant precedent in...
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