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  • Commentaries
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5th Circuit Case Commentaries

5th Circuit Upholds Texas Conflict Rules in Enforcement of Non-Competition Agreements: Realogy Holdings Corporation v. Seita Jongebloed

5th Circuit Upholds Texas Conflict Rules in Enforcement of Non-Competition Agreements: Realogy Holdings Corporation v. Seita Jongebloed

Date: Apr 28, 2020
5th Circuit Upholds Texas Conflict Rules in Enforcement of Non-Competition Agreements Introduction In the landmark case of Realogy Holdings Corporation v. Seita Jongebloed, the United States Court of...
Mandatory Exhaustion of Administrative Remedies Under 18 U.S.C. § 3582: Insights from United States v. Terry Wright

Mandatory Exhaustion of Administrative Remedies Under 18 U.S.C. § 3582: Insights from United States v. Terry Wright

Date: Apr 25, 2020
Mandatory Exhaustion of Administrative Remedies Under 18 U.S.C. § 3582: Insights from United States v. Terry Wright Introduction The case of United States of America v. Terry Wright serves as a...
Williams v. Banks: Affirmation of Sovereign and Qualified Immunity in Prison Official Liability

Williams v. Banks: Affirmation of Sovereign and Qualified Immunity in Prison Official Liability

Date: Apr 24, 2020
Williams v. Banks: Affirmation of Sovereign and Qualified Immunity in Prison Official Liability Introduction In the case of Randy C. Williams, Plaintiff-Appellant, v. Jacqueline Banks et al., 956...
Reinforcing Conditions-of-Confinement Liability: Analysis of Sanchez v. Young County, Texas

Reinforcing Conditions-of-Confinement Liability: Analysis of Sanchez v. Young County, Texas

Date: Apr 23, 2020
Reinforcing Conditions-of-Confinement Liability: Analysis of Sanchez v. Young County, Texas Introduction In Sanchez v. Young County, Texas, the United States Court of Appeals for the Fifth Circuit...
Fifth Circuit Affirms Stay on COVID-19 Inmate Protection Measures Under Eighth Amendment and PLRA

Fifth Circuit Affirms Stay on COVID-19 Inmate Protection Measures Under Eighth Amendment and PLRA

Date: Apr 23, 2020
Fifth Circuit Affirms Stay on COVID-19 Inmate Protection Measures Under Eighth Amendment and PLRA Introduction The case of Laddy Curtis Valentine; Richard Elvin King, Plaintiffs-Appellees, v. Bryan...
Defining the Scope of Absolute Prosecutorial Immunity: The Fifth Circuit's Ruling on Fake Subpoenas

Defining the Scope of Absolute Prosecutorial Immunity: The Fifth Circuit's Ruling on Fake Subpoenas

Date: Apr 22, 2020
Defining the Scope of Absolute Prosecutorial Immunity: The Fifth Circuit's Ruling on Fake Subpoenas Introduction In the landmark case of Renata Singleton et al. v. Leon A. Cannizzaro, Jr., the United...
Affirmation of § 922(g)(8) Under Contemporary Second Amendment Framework

Affirmation of § 922(g)(8) Under Contemporary Second Amendment Framework

Date: Apr 22, 2020
Affirmation of § 922(g)(8) Under Contemporary Second Amendment Framework Introduction In United States of America v. Eric Gerard McGinnis, 956 F.3d 747 (5th Cir. 2020), the United States Court of...
Scope of Employment and Discretionary Function Exception under the FTCA: Analysis of United States Court of Appeals for the Fifth Circuit Decision in M.D.C.G. v. United States

Scope of Employment and Discretionary Function Exception under the FTCA: Analysis of United States Court of Appeals for the Fifth Circuit Decision in M.D.C.G. v. United States

Date: Apr 22, 2020
Scope of Employment and Discretionary Function Exception under the FTCA: Analysis of United States Court of Appeals for the Fifth Circuit Decision in M.D.C.G. v. United States Introduction The case...
Exhaustion of Administrative Remedies in Compassionate Release: United States of America v. Lionel Koons

Exhaustion of Administrative Remedies in Compassionate Release: United States of America v. Lionel Koons

Date: Apr 22, 2020
Exhaustion of Administrative Remedies in Compassionate Release: United States of America v. Lionel Koons Introduction United States of America v. Lionel Koons is a significant case that addresses the...
Mandamus Affirms Jacobson Standards in Restricting Abortion Access during Public Health Emergencies

Mandamus Affirms Jacobson Standards in Restricting Abortion Access during Public Health Emergencies

Date: Apr 21, 2020
Mandamus Affirms Jacobson Standards in Restricting Abortion Access during Public Health Emergencies Introduction The COVID-19 pandemic precipitated a flurry of legal and administrative actions across...
Affirmation of Summary Judgment in Montgomery-Smith v. George: Implications for Title VII Claims

Affirmation of Summary Judgment in Montgomery-Smith v. George: Implications for Title VII Claims

Date: Apr 18, 2020
Affirmation of Summary Judgment in Montgomery-Smith v. George: Implications for Title VII Claims Introduction The case of Deneen L. Montgomery-Smith v. Devin George adjudicated by the United States...
Clarifying the Highly Compensated Employee Exemption: Smith v. Ochsner Health System

Clarifying the Highly Compensated Employee Exemption: Smith v. Ochsner Health System

Date: Apr 18, 2020
Clarifying the Highly Compensated Employee Exemption: Smith v. Ochsner Health System Introduction In the case of Daniel G. Smith v. Ochsner Health System, adjudicated by the United States Court of...
Affirmation of Employer Liability Under Jones Act and Unseaworthiness Standards in Luwisch v. American Marine Corp.

Affirmation of Employer Liability Under Jones Act and Unseaworthiness Standards in Luwisch v. American Marine Corp.

Date: Apr 16, 2020
Affirmation of Employer Liability Under Jones Act and Unseaworthiness Standards in Luwisch v. American Marine Corp. Introduction The case of Henry Luwisch v. American Marine Corporation centers on a...
5th Circuit Limits 'Other Expenses' Under the Mandatory Victims Restitution Act: Excluding Corporate Investigation Costs

5th Circuit Limits 'Other Expenses' Under the Mandatory Victims Restitution Act: Excluding Corporate Investigation Costs

Date: Apr 16, 2020
5th Circuit Limits 'Other Expenses' Under the Mandatory Victims Restitution Act: Excluding Corporate Investigation Costs Introduction In the case of United States of America v. George Koutsostamatis,...
Intentional Discrimination under ADA and Rehabilitation Act: Analysis of Smith v. Harris County

Intentional Discrimination under ADA and Rehabilitation Act: Analysis of Smith v. Harris County

Date: Apr 16, 2020
Intentional Discrimination under ADA and Rehabilitation Act: Analysis of Smith v. Harris County Introduction The case of Jacqueline Smith, Independent Administrator of the Estate of Danarian Hawkins,...
Huntsberry v. United States (956 F.3d 270): Upholding Felon-in-Possession Convictions and Validity of Charge Joinder

Huntsberry v. United States (956 F.3d 270): Upholding Felon-in-Possession Convictions and Validity of Charge Joinder

Date: Apr 11, 2020
Huntsberry v. United States (956 F.3d 270): Upholding Felon-in-Possession Convictions and Validity of Charge Joinder Introduction In Huntsberry v. United States (956 F.3d 270), the United States...
Balancing Public Health and Reproductive Rights: The Fifth Circuit's Mandamus Decision on Texas GA-09

Balancing Public Health and Reproductive Rights: The Fifth Circuit's Mandamus Decision on Texas GA-09

Date: Apr 8, 2020
Balancing Public Health and Reproductive Rights: The Fifth Circuit's Mandamus Decision on Texas GA-09 Introduction In the midst of the escalating COVID-19 pandemic, Texas Governor Greg Abbott issued...
Fifth Circuit Affirms 'Cat's Paw' Doctrine for Retaliation and Hostile Work Environment Claims in Title VII and Section 1981 Cases

Fifth Circuit Affirms 'Cat's Paw' Doctrine for Retaliation and Hostile Work Environment Claims in Title VII and Section 1981 Cases

Date: Apr 8, 2020
Fifth Circuit Affirms 'Cat's Paw' Doctrine for Retaliation and Hostile Work Environment Claims in Title VII and Section 1981 Cases Introduction The case of Johnnie Melvin v. Barr Roofing Company...
Establishing First Amendment Standing in Public Censure Cases: Wilson v. Houston Community College System

Establishing First Amendment Standing in Public Censure Cases: Wilson v. Houston Community College System

Date: Apr 8, 2020
Establishing First Amendment Standing in Public Censure Cases: Wilson v. Houston Community College System Introduction The case of David Buren Wilson v. Houston Community College System (955 F.3d...
Snap Removal and Exclusive Remedy in Arbitration: Insights from Texas Brine Co. v. AAA et al.

Snap Removal and Exclusive Remedy in Arbitration: Insights from Texas Brine Co. v. AAA et al.

Date: Apr 8, 2020
Snap Removal and Exclusive Remedy in Arbitration: Insights from Texas Brine Co. v. AAA et al. Introduction The case of Texas Brine Company, L.L.C. v. American Arbitration Association, Inc. et al.,...
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