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  • Commentaries
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5th Circuit Case Commentaries

Affirmation of Summary Judgment in Outley v. Luke & Associates: Clarifying Standards for Prima Facie Discrimination and Retaliation Claims

Affirmation of Summary Judgment in Outley v. Luke & Associates: Clarifying Standards for Prima Facie Discrimination and Retaliation Claims

Date: Oct 20, 2016
Affirmation of Summary Judgment in Outley v. Luke & Associates: Clarifying Standards for Prima Facie Discrimination and Retaliation Claims Introduction JACKIE OUTLEY, Plaintiff-Appellant, appealed a...
Direct Computer Use in Fraudulent Transfers: Fifth Circuit's Decision in Apache Corp. v. Great American Insurance Co.

Direct Computer Use in Fraudulent Transfers: Fifth Circuit's Decision in Apache Corp. v. Great American Insurance Co.

Date: Oct 19, 2016
Direct Computer Use in Fraudulent Transfers: Fifth Circuit's Decision in Apache Corp. v. Great American Insurance Co. Introduction The legal dispute between Apache Corporation and Great American...
Equitable Estoppel and Arbitration Enforcement in Non-Signatory Employment Claims: Hays v. HCA Holdings

Equitable Estoppel and Arbitration Enforcement in Non-Signatory Employment Claims: Hays v. HCA Holdings

Date: Sep 30, 2016
Equitable Estoppel and Arbitration Enforcement in Non-Signatory Employment Claims: Hays v. HCA Holdings Introduction The case of John T. Hays, M.D. v. HCA Holdings, Incorporated; HCA Physician...
Reaffirming Article III Standing Requirements in ERISA Fiduciary Misconduct Cases

Reaffirming Article III Standing Requirements in ERISA Fiduciary Misconduct Cases

Date: Sep 16, 2016
Reaffirming Article III Standing Requirements in ERISA Fiduciary Misconduct Cases Introduction The case of William Lee, Individually, and as Representatives of plan participants and plan...
Exhaustion of Administrative Remedies Upheld in §1983 Excessive Force Litigation: Cowart v. Erwin

Exhaustion of Administrative Remedies Upheld in §1983 Excessive Force Litigation: Cowart v. Erwin

Date: Sep 14, 2016
Exhaustion of Administrative Remedies Upheld in §1983 Excessive Force Litigation: Cowart v. Erwin Introduction Cowart v. Erwin, 837 F.3d 444 (5th Cir. 2016), is a significant appellate decision from...
Affirmation of Rule 41(b) Dismissal in Pro Se Litigation: Nottingham v. Warden

Affirmation of Rule 41(b) Dismissal in Pro Se Litigation: Nottingham v. Warden

Date: Sep 10, 2016
A Comprehensive Commentary on Nottingham v. Warden, Bill Clements Unit Introduction The case of Jay Anthony Nottingham v. Warden, Bill Clements Unit is a noteworthy decision by the United States...
Sovereign Immunity and Plausibility in Employment Discrimination: Analysis of Chhim v. University of Texas

Sovereign Immunity and Plausibility in Employment Discrimination: Analysis of Chhim v. University of Texas

Date: Sep 3, 2016
Sovereign Immunity and Plausibility in Employment Discrimination: Analysis of Chhim v. University of Texas Introduction In the case of Joseph Chhim v. University of Texas at Austin, 836 F.3d 467 (5th...
Strict Compliance with Foreclosure Notice Requirements Affirmed: LSR Consulting v. Wells Fargo

Strict Compliance with Foreclosure Notice Requirements Affirmed: LSR Consulting v. Wells Fargo

Date: Sep 1, 2016
Strict Compliance with Foreclosure Notice Requirements Affirmed: LSR Consulting v. Wells Fargo Introduction In the appellate case LSR Consulting, LLC v. Wells Fargo Bank, N.A., 835 F.3d 530 (5th Cir....
5th Circuit Upholds Corps' Cost-Sharing Allocation for MR-GO Closure under Chevron Deference

5th Circuit Upholds Corps' Cost-Sharing Allocation for MR-GO Closure under Chevron Deference

Date: Aug 24, 2016
5th Circuit Upholds Corps' Cost-Sharing Allocation for MR-GO Closure under Chevron Deference Introduction In the landmark case of Louisiana State v. United States Army Corps of Engineers, the United...
Amendment of Maritime Claims in Wren Thomas v. Chevron USA, Inc.: A New Precedent

Amendment of Maritime Claims in Wren Thomas v. Chevron USA, Inc.: A New Precedent

Date: Aug 12, 2016
Amendment of Maritime Claims in Wren Thomas v. Chevron USA, Inc.: A New Precedent Introduction The case of Wren Thomas v. Chevron USA, Inc. (832 F.3d 586) adjudicated by the United States Court of...
Clarifying the Divisibility of Controlled Substance Offenses in Sentencing: Insights from United States v. Hinkle

Clarifying the Divisibility of Controlled Substance Offenses in Sentencing: Insights from United States v. Hinkle

Date: Aug 12, 2016
Clarifying the Divisibility of Controlled Substance Offenses in Sentencing: Insights from United States v. Hinkle Introduction In United States of America v. Wayland Demond Hinkle, the United States...
Enforcement of Arbitration Agreements and Res Judicata: Analysis of Cooper v. WestEnd

Enforcement of Arbitration Agreements and Res Judicata: Analysis of Cooper v. WestEnd

Date: Aug 10, 2016
Res Judicata and Arbitration Rights: Analysis of Cooper v. WestEnd Introduction The case of Sean C. Cooper v. WestEnd Capital Management, L.L.C. before the United States Court of Appeals for the...
Affirmation of 18 U.S.C. §16(b) Against Vagueness Challenge in Gonzalez-Longoria

Affirmation of 18 U.S.C. §16(b) Against Vagueness Challenge in Gonzalez-Longoria

Date: Aug 6, 2016
Affirmation of 18 U.S.C. §16(b) Against Vagueness Challenge in Gonzalez-Longoria Introduction The case of United States v. Gregorio Gonzalez-Longoria (831 F.3d 670, 5th Cir. 2016) presents a pivotal...
Limitation of Judicial Review under Medicare's Administrative Framework Confirmed: Edwards v. Burwell

Limitation of Judicial Review under Medicare's Administrative Framework Confirmed: Edwards v. Burwell

Date: Jul 30, 2016
Limitation of Judicial Review under Medicare's Administrative Framework Confirmed: Edwards v. Burwell Introduction In Edwards v. Burwell, 657 F. App'x 242 (5th Cir. 2016), Dr. Dralves Gene Edwards...
Equitable Tolling in Immigration Proceedings: Lugo-Resendez v. Lynch

Equitable Tolling in Immigration Proceedings: Lugo-Resendez v. Lynch

Date: Jul 29, 2016
Equitable Tolling in Immigration Proceedings: Lugo-Resendez v. Lynch Introduction Sergio Lugo-Resendez v. Loretta Lynch, U.S. Attorney General, 831 F.3d 337 (5th Cir. 2016), serves as a pivotal case...
Ensuring Genuine Disputes in Employment Discrimination: Insights from Heinsohn v. Carabin & Shaw, P.C.

Ensuring Genuine Disputes in Employment Discrimination: Insights from Heinsohn v. Carabin & Shaw, P.C.

Date: Jul 27, 2016
Ensuring Genuine Disputes in Employment Discrimination: Insights from Heinsohn v. Carabin & Shaw, P.C. Introduction Heinsohn v. Carabin & Shaw, P.C. (832 F.3d 224, 5th Cir. 2016) is a significant...
Enforcement of Forum-Selection Clauses in International Employment Contracts: Barnett v. DynCorp International

Enforcement of Forum-Selection Clauses in International Employment Contracts: Barnett v. DynCorp International

Date: Jul 27, 2016
Enforcement of Forum-Selection Clauses in International Employment Contracts: Barnett v. DynCorp International Introduction In the case of Jonathan Barnett v. DynCorp International, L.L.C.,...
Pullen v. Caddo Parish School Board: Reinforcing Employer Responsibilities under Title VII

Pullen v. Caddo Parish School Board: Reinforcing Employer Responsibilities under Title VII

Date: Jul 21, 2016
Pullen v. Caddo Parish School Board: Reinforcing Employer Responsibilities under Title VII Introduction Pullen v. Caddo Parish School Board (830 F.3d 205, 5th Cir. 2016) represents a significant...
Comprehensive Commentary on Fifth Circuit's En Banc Decision in Veasey et al. v. Abbott et al.

Comprehensive Commentary on Fifth Circuit's En Banc Decision in Veasey et al. v. Abbott et al.

Date: Jul 21, 2016
Preservation of Voter ID Law: An Analytical Commentary on the Fifth Circuit's En Banc Decision in Veasey et al. v. Abbott et al. Introduction The case of Marc Veasey et al. v. Greg Abbott et al....
Fifth Circuit Upholds Arbitration Agreements with Delegation Clauses in FLSA Collective Actions

Fifth Circuit Upholds Arbitration Agreements with Delegation Clauses in FLSA Collective Actions

Date: Jul 21, 2016
Fifth Circuit Upholds Arbitration Agreements with Delegation Clauses in FLSA Collective Actions Introduction In the landmark case of Ted L. Kubala, Jr., Individually and on Behalf of All Other...
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