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  • Commentaries
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5th Circuit Case Commentaries

Clarifying the Limits of Excessive Force in Misdemeanor Arrests: Trammell v. Fruge

Clarifying the Limits of Excessive Force in Misdemeanor Arrests: Trammell v. Fruge

Date: Aug 18, 2017
Clarifying the Limits of Excessive Force in Misdemeanor Arrests: Trammell v. Fruge Introduction Trammell v. Fruge is a pivotal 2017 decision by the United States Court of Appeals for the Fifth...
Expanding the Scope of Assistance under the Voting Rights Act: OCA-Greater Houston v. State of Texas

Expanding the Scope of Assistance under the Voting Rights Act: OCA-Greater Houston v. State of Texas

Date: Aug 17, 2017
Expanding the Scope of Assistance under the Voting Rights Act: OCA-Greater Houston v. State of Texas Introduction The case OCA-Greater Houston; Mallika Das v. State of Texas; Roland B. Pablos (867...
Fifth Circuit Reinforces Exhaustion of State Remedies for Double Jeopardy Claims under Section 2241

Fifth Circuit Reinforces Exhaustion of State Remedies for Double Jeopardy Claims under Section 2241

Date: Aug 12, 2017
Fifth Circuit Reinforces Exhaustion of State Remedies for Double Jeopardy Claims under Section 2241 Introduction In the landmark case of Joseph Montano v. State of Texas (867 F.3d 540, 5th Cir....
Strict Standards for Preliminary Injunctions in ESA and NEPA Claims: Analysis of Fifth Circuit's Decision

Strict Standards for Preliminary Injunctions in ESA and NEPA Claims: Analysis of Fifth Circuit's Decision

Date: Aug 10, 2017
Strict Standards for Preliminary Injunctions in ESA and NEPA Claims: Analysis of Fifth Circuit's Decision Introduction The case of Friends of Lydia Ann Channel v. United States Army Corps of...
Qualified Immunity Upheld in Fifth Circuit on Fourth Amendment Seizure Claims Related to Voluntary Surrender

Qualified Immunity Upheld in Fifth Circuit on Fourth Amendment Seizure Claims Related to Voluntary Surrender

Date: Aug 9, 2017
Qualified Immunity Upheld in Fifth Circuit on Fourth Amendment Seizure Claims Related to Voluntary Surrender Introduction The case of Royce Denton McLin v. Jason Gerald Ard et al. involves...
Preemption of State Railroad Regulations: Ezell v. Kansas City Southern Railway Company

Preemption of State Railroad Regulations: Ezell v. Kansas City Southern Railway Company

Date: Aug 1, 2017
Preemption of State Railroad Regulations: Ezell v. Kansas City Southern Railway Company Introduction Shawn T. Ezell, the plaintiff-appellant, initiated a lawsuit against Kansas City Southern Railway...
Establishing Limits on Government Liability for Episodic Acts and Omissions under § 1983: Insights from Sanchez v. Young County

Establishing Limits on Government Liability for Episodic Acts and Omissions under § 1983: Insights from Sanchez v. Young County

Date: Aug 1, 2017
Establishing Limits on Government Liability for Episodic Acts and Omissions under § 1983: Insights from Sanchez v. Young County Introduction The case of NicHole Sanchez; Casy Simpson; Edward LaRoy...
Maintaining the Dual-Prong Standard for Civil Confinement of Insanity Acquittees: Analysis of Poree v. Collins

Maintaining the Dual-Prong Standard for Civil Confinement of Insanity Acquittees: Analysis of Poree v. Collins

Date: Jul 29, 2017
Maintaining the Dual-Prong Standard for Civil Confinement of Insanity Acquittees: Analysis of Poree v. Collins Introduction Poree v. Collins (866 F.3d 235, 5th Cir. 2017) is a pivotal case addressing...
Affirmation of Summary Judgment in Premises Liability: McCarty v. Hillstone Restaurant Group

Affirmation of Summary Judgment in Premises Liability: McCarty v. Hillstone Restaurant Group

Date: Jul 19, 2017
Affirmation of Summary Judgment in Premises Liability: McCarty v. Hillstone Restaurant Group Introduction In McCarty v. Hillstone Restaurant Group, Inc., the United States Court of Appeals for the...
Affirmation of Dismissal in Quinn v. City of McKinney: Implications for Federal and State Claims

Affirmation of Dismissal in Quinn v. City of McKinney: Implications for Federal and State Claims

Date: Jul 11, 2017
Affirmation of Dismissal in Quinn v. City of McKinney: Implications for Federal and State Claims Introduction Quinn v. City of McKinney is a significant decision rendered by the United States Court...
Qualified Immunity Upholds School Officials in Compelled Speech and Retaliation Case

Qualified Immunity Upholds School Officials in Compelled Speech and Retaliation Case

Date: Jul 1, 2017
Qualified Immunity Upholds School Officials in Compelled Speech and Retaliation Case Introduction The case of Brenda Brinsdon v. McAllen Independent School District involves pivotal issues...
Asylum Denial in Herrera Morales v. Sessions: Analyzing Legal Precedents and Implications

Asylum Denial in Herrera Morales v. Sessions: Analyzing Legal Precedents and Implications

Date: Jun 28, 2017
Asylum Denial in Herrera Morales v. Sessions: Analyzing Legal Precedents and Implications Introduction In the case of Johana Del Carmen Herrera Morales v. Jefferson B. Sessions III, adjudicated by...
Reaffirming Monell Standards: Limits on Municipal Liability in §1983 Claims

Reaffirming Monell Standards: Limits on Municipal Liability in §1983 Claims

Date: Jun 27, 2017
Reaffirming Monell Standards: Limits on Municipal Liability in §1983 Claims Introduction The case of Marie A. Hicks-Fields, et al. v. Harris County, Texas (860 F.3d 803) examines the boundaries of...
5th Circuit Reaffirms Regular Office Attendance as Essential Job Function under ADA: Credeur v. State of Louisiana

5th Circuit Reaffirms Regular Office Attendance as Essential Job Function under ADA: Credeur v. State of Louisiana

Date: Jun 24, 2017
5th Circuit Reaffirms Regular Office Attendance as Essential Job Function under ADA: Credeur v. State of Louisiana Introduction In the landmark case of Renee Credeur v. State of Louisiana, 860 F.3d...
Standing Requirements Reinforced in RIMS Barber v. Bryant: A Comprehensive Analysis

Standing Requirements Reinforced in RIMS Barber v. Bryant: A Comprehensive Analysis

Date: Jun 23, 2017
Standing Requirements Reinforced in RIMS Barber v. Bryant: A Comprehensive Analysis Introduction The case of RIMS Barber; Carol Burnett; Joan Bailey; Katherine Elizabeth Day; Anthony Laine Boyette;...
Scope of Indemnity and Insurance Obligations in Maritime Contracts: Analysis of International Marine v. Tesla Offshore

Scope of Indemnity and Insurance Obligations in Maritime Contracts: Analysis of International Marine v. Tesla Offshore

Date: Jun 22, 2017
Scope of Indemnity and Insurance Obligations in Maritime Contracts: Analysis of International Marine v. Tesla Offshore Introduction The case of International Marine, L.L.C.; International Offshore...
Affirmation of Legislative Abolition as Satisfying Procedural Due Process: Edionwe v. University of Texas System

Affirmation of Legislative Abolition as Satisfying Procedural Due Process: Edionwe v. University of Texas System

Date: Jun 20, 2017
Affirmation of Legislative Abolition as Satisfying Procedural Due Process: Edionwe v. University of Texas System Introduction Alexander Edionwe, an Associate Professor and tenured faculty member at...
Age Discrimination in Reduction-In-Force Cases: Analyzing Virginia Lay v. Singing River Health System

Age Discrimination in Reduction-In-Force Cases: Analyzing Virginia Lay v. Singing River Health System

Date: Jun 20, 2017
Age Discrimination in Reduction-In-Force Cases: Analyzing Virginia Lay v. Singing River Health System Introduction The case of Virginia Lay, Plaintiff - Appellant v. Singing River Health System,...
Timeliness of Post-Conviction Relief under 28 U.S.C. § 2255(f)(4): Insights from UNITED STATES v. EDUARDO RODRIGUEZ

Timeliness of Post-Conviction Relief under 28 U.S.C. § 2255(f)(4): Insights from UNITED STATES v. EDUARDO RODRIGUEZ

Date: Jun 6, 2017
Timeliness of Post-Conviction Relief under 28 U.S.C. § 2255(f)(4): Insights from UNITED STATES v. EDUARDO RODRIGUEZ Introduction In the case of United States of America v. Eduardo Rodriguez, 858 F.3d...
Upholding Residency Restrictions for Sex Offenders: Insights from Duarte v. City of Lewisville

Upholding Residency Restrictions for Sex Offenders: Insights from Duarte v. City of Lewisville

Date: May 31, 2017
Upholding Residency Restrictions for Sex Offenders: Insights from Duarte v. City of Lewisville Introduction In the landmark case of Duarte v. City of Lewisville, the United States Court of Appeals...
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