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  • Commentaries
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5th Circuit Case Commentaries

Fifth Circuit Establishes Standard for Validating Opt-Out Claims in TCPA Class Settlements

Fifth Circuit Establishes Standard for Validating Opt-Out Claims in TCPA Class Settlements

Date: Mar 13, 2020
Fifth Circuit Establishes Standard for Validating Opt-Out Claims in TCPA Class Settlements Introduction In the case of Joanna Pruitt Lester v. Wells Fargo Bank, N.A., the plaintiff, Joanna Pruitt...
Reaffirming the Scope of Extended Traffic Stops under the Fourth Amendment: COREY DELMAR SMITH v. UNITED STATES

Reaffirming the Scope of Extended Traffic Stops under the Fourth Amendment: COREY DELMAR SMITH v. UNITED STATES

Date: Mar 13, 2020
Reaffirming the Scope of Extended Traffic Stops under the Fourth Amendment: COREY DELMAR SMITH v. UNITED STATES Introduction The case of United States of America v. Corey Delmar Smith (952 F.3d 642)...
Fifth Circuit Establishes Standards for IATC-Participation Claims in Capital Cases

Fifth Circuit Establishes Standards for IATC-Participation Claims in Capital Cases

Date: Mar 13, 2020
Fifth Circuit Establishes Standards for IATC-Participation Claims in Capital Cases Introduction In the landmark case of Steven LaWayne Nelson v. Lorie Davis, decided on March 12, 2020, the United...
Affirmation of Summary Judgment in FHA and Equal Protection Claims: Crain v. City of Selma

Affirmation of Summary Judgment in FHA and Equal Protection Claims: Crain v. City of Selma

Date: Mar 13, 2020
Affirmation of Summary Judgment in FHA and Equal Protection Claims: Crain v. City of Selma Introduction In the case of Alton Crain v. City of Selma, decided on March 12, 2020, the United States Court...
Enforcement of Res Judicata and Sanctions for Frivolous Litigation: Insights from Anderson v. Wells Fargo

Enforcement of Res Judicata and Sanctions for Frivolous Litigation: Insights from Anderson v. Wells Fargo

Date: Mar 13, 2020
Enforcement of Res Judicata and Sanctions for Frivolous Litigation: Insights from Anderson v. Wells Fargo Introduction In the case of Eva Anderson v. Wells Fargo Bank, N.A.; Ocwen Loan Servicing,...
Conditional Language in Debt Collection Letters Not Deemed Deceptive Under FDCPA: Salinas v. R.A. Rogers

Conditional Language in Debt Collection Letters Not Deemed Deceptive Under FDCPA: Salinas v. R.A. Rogers

Date: Mar 13, 2020
Conditional Language in Debt Collection Letters Not Deemed Deceptive Under FDCPA: Salinas v. R.A. Rogers Introduction The case of Marco Salinas v. R.A. Rogers, Incorporated addresses the...
Affirming Sovereign Immunity in ADA Claims: Insights from Block v. Texas Board of Law Examiners

Affirming Sovereign Immunity in ADA Claims: Insights from Block v. Texas Board of Law Examiners

Date: Mar 11, 2020
Affirming Sovereign Immunity in ADA Claims: Insights from Block v. Texas Board of Law Examiners Introduction In the landmark case of Block v. Texas Board of Law Examiners (952 F.3d 613, 5th Cir....
Affirming Health Care Fraud Conspiracy via Circumstantial Evidence: USA v. Sanders & Rose, 952 F.3d 263

Affirming Health Care Fraud Conspiracy via Circumstantial Evidence: USA v. Sanders & Rose, 952 F.3d 263

Date: Mar 3, 2020
Affirming Health Care Fraud Conspiracy via Circumstantial Evidence: USA v. Sanders & Rose, 952 F.3d 263 Introduction The case of United States of America v. Frankie Lee Sanders and Pamela Annette...
Affirmed Summary Judgment in ADA and ADEA Discrimination Case: BASF v. Jeff Kitchen

Affirmed Summary Judgment in ADA and ADEA Discrimination Case: BASF v. Jeff Kitchen

Date: Feb 29, 2020
Affirmed Summary Judgment in ADA and ADEA Discrimination Case: BASF v. Jeff Kitchen 1. Introduction The case of Jeff Kitchen v. BASF (952 F.3d 247) adjudicated in the United States Court of Appeals...
Multiple Documents as a Valid Notice to Appear: Insights from Yanez-Pena v. Barr

Multiple Documents as a Valid Notice to Appear: Insights from Yanez-Pena v. Barr

Date: Feb 29, 2020
Multiple Documents as a Valid Notice to Appear: Insights from Yanez-Pena v. Barr Introduction The case of Erika Jisela Yanez-Pena v. William P. Barr, U.S. Attorney General (952 F.3d 239) adjudicated...
Strict Enforcement of Motion to Reopen Deadlines in Removal Proceedings – Mejia v. Barr

Strict Enforcement of Motion to Reopen Deadlines in Removal Proceedings – Mejia v. Barr

Date: Feb 29, 2020
Strict Enforcement of Motion to Reopen Deadlines in Removal Proceedings – Mejia v. Barr Introduction Mejia v. Barr is a landmark decision by the United States Court of Appeals for the Fifth Circuit...
Scope of Protected Speech and Qualified Immunity in First Amendment Retaliation: Powers & Wernli v. Northside ISD

Scope of Protected Speech and Qualified Immunity in First Amendment Retaliation: Powers & Wernli v. Northside ISD

Date: Feb 27, 2020
Scope of Protected Speech and Qualified Immunity in First Amendment Retaliation: Powers & Wernli v. Northside ISD Introduction Powers & Wernli v. Northside Independent School District (NISD), 951...
Broadening Federal Officer Removal: Latiolais v. Huntington Ingalls Establishes Expanded Scope under 28 U.S.C. §1442(a)(1)

Broadening Federal Officer Removal: Latiolais v. Huntington Ingalls Establishes Expanded Scope under 28 U.S.C. §1442(a)(1)

Date: Feb 25, 2020
Broadening Federal Officer Removal: Latiolais v. Huntington Ingalls Establishes Expanded Scope under 28 U.S.C. §1442(a)(1) Introduction Latiolais v. Huntington Ingalls, Inc., 951 F.3d 286 (5th Cir....
Schofield v. Saul: Reinforcing SSA’s Obligations in Borderline Age Categorization for Disability Determinations

Schofield v. Saul: Reinforcing SSA’s Obligations in Borderline Age Categorization for Disability Determinations

Date: Feb 22, 2020
Schofield v. Saul: Reinforcing SSA’s Obligations in Borderline Age Categorization for Disability Determinations Introduction In the case of Schofield v. Saul, Tammy Raye Schofield challenged the...
Precedence of Original Indemnity Agreements in Complex Oil Rig Liability Cases: An In-Depth Analysis of Lloyd's v. Axon Pressure Products

Precedence of Original Indemnity Agreements in Complex Oil Rig Liability Cases: An In-Depth Analysis of Lloyd's v. Axon Pressure Products

Date: Feb 22, 2020
Precedence of Original Indemnity Agreements in Complex Oil Rig Liability Cases: An In-Depth Analysis of Lloyd's v. Axon Pressure Products Introduction The legal landscape surrounding indemnity...
Enforcement of PLRA's Three Strikes Rule on Frivolous Federal Claims: The Case of Alexander v. Texas Department of Criminal Justice

Enforcement of PLRA's Three Strikes Rule on Frivolous Federal Claims: The Case of Alexander v. Texas Department of Criminal Justice

Date: Feb 21, 2020
Enforcement of PLRA's Three Strikes Rule on Frivolous Federal Claims: The Case of Alexander v. Texas Department of Criminal Justice Introduction The case of Artrai Turone Alexander v. Texas...
Fifth Circuit Affirms Qualified Immunity for Deputy Fleming in Wrongful Seizure and Due Process Claims

Fifth Circuit Affirms Qualified Immunity for Deputy Fleming in Wrongful Seizure and Due Process Claims

Date: Feb 21, 2020
Fifth Circuit Affirms Qualified Immunity for Deputy Fleming in Wrongful Seizure and Due Process Claims Introduction In the case of Eleanor Keller, individuaply et al. v. Darrin Fleming, the United...
Limitation of Bivens Claims in Tax Penalty Context: Canada v. IRS

Limitation of Bivens Claims in Tax Penalty Context: Canada v. IRS

Date: Feb 21, 2020
Limitation of Bivens Claims in Tax Penalty Context: Canada v. IRS Introduction In the case of William R. Canada, Jr. v. United States of America (Internal Revenue Service), adjudicated by the United...
Clarifying Bureau of Prisons' Authority in Sentencing Credits: Smith v. McConnell

Clarifying Bureau of Prisons' Authority in Sentencing Credits: Smith v. McConnell

Date: Feb 19, 2020
Clarifying Bureau of Prisons' Authority in Sentencing Credits: Smith v. McConnell Introduction In the landmark case of Smith v. McConnell (950 F.3d 285, 2020), the United States Court of Appeals for...
Chevron Oronite Co. v. Jacobs Field Services: Upholding Indemnity for Potential Liability and Defining Burden of Proof in Settlement Reasonableness

Chevron Oronite Co. v. Jacobs Field Services: Upholding Indemnity for Potential Liability and Defining Burden of Proof in Settlement Reasonableness

Date: Feb 19, 2020
Chevron Oronite Co. v. Jacobs Field Services: Upholding Indemnity for Potential Liability and Defining Burden of Proof in Settlement Reasonableness Introduction In Chevron Oronite Company, L.L.C.,...
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