5th Circuit Case Commentaries

Judicial Commentary: Proportionality in Attorney's Fee Awards under Title VII - Combs v. City of Huntington

Date: Jul 16, 2016

Proportionality in Attorney's Fee Awards under Title VII: Combs v. City of Huntington Introduction In Combs v. City of Huntington, 829 F.3d 388 (5th Cir. 2016), the United States Court of Appeals for...

Upholding Federal Ban on Machinegun Possession: Second Amendment Considerations in Hollis v. Lynch

Date: Jul 1, 2016

Upholding Federal Ban on Machinegun Possession: Second Amendment Considerations in Hollis v. Lynch Introduction The case of Jay Aubrey Isaac Hollis, Individually and as Trustee of the Jay Aubrey...

Determining Governmental Plans under ERISA: Smith v. Regional Transit Authority

Date: Jun 29, 2016

Determining Governmental Plans under ERISA: Smith v. Regional Transit Authority Introduction In the landmark case of Mary Smith et al. v. Regional Transit Authority et al. (827 F.3d 412, 2016), the...

Affirming the At-Will Employment Presumption and Title VII Framework in Heggemeier v. Caldwell County

Date: Jun 24, 2016

Affirming the At-Will Employment Presumption and Title VII Framework in Heggemeier v. Caldwell County Introduction In the case of Ronald R. Heggemeier v. Caldwell County, Texas, the United States...

Groden v. City of Dallas: Reevaluating Monell Standards for Municipal Liability

Date: Jun 17, 2016

Groden v. City of Dallas: Reevaluating Monell Standards for Municipal Liability 1. Introduction Groden v. City of Dallas, 826 F.3d 280, is a pivotal decision by the United States Court of Appeals for...

Affirmation of Qualified Immunity in Excessive Force Claims: Salazar–Limon v. City of Houston

Date: Jun 16, 2016

Affirmation of Qualified Immunity in Excessive Force Claims: Salazar–Limon v. City of Houston Introduction The case of Ricardo Salazar–Limon v. City of Houston addresses significant issues concerning...

Dela v. PTech: Affirmation of ADA Compliance in Employment Termination

Date: May 27, 2016

Dela v. PTech: Affirmation of ADA Compliance in Employment Termination Introduction The case of Danny J. Delaval v. PTech Drilling Tubulars, L.L.C., decided by the United States Court of Appeals for...

Reaffirmation of Chapter 95's Strict Liability in Oilfield Operations: Rose v. Callon Petroleum Company

Date: May 26, 2016

Reaffirmation of Chapter 95's Strict Liability in Oilfield Operations: Rose v. Callon Petroleum Company Introduction The case of Eric Y. Rose v. Callon Petroleum Company addresses critical issues...

Deportation Does Not Moot Sentencing Appeals: Insights from United States v. Heredia-Holguin

Date: May 21, 2016

Deportation Does Not Moot Sentencing Appeals: Insights from United States v. Heredia-Holguin Introduction The case of United States of America v. Heredia-Holguin, 823 F.3d 337 (5th Cir. 2016),...

Knowledge as a Critical Element in CSA Conspiracy: Analysis of United States v. Stanford

Date: May 19, 2016

Knowledge as a Critical Element in CSA Conspiracy: Analysis of United States v. Stanford Introduction In the case of United States v. Daniel James Stanford, decided on May 18, 2016, the United States...

Voluntary Conduct and Eighth Amendment Protections: Legate v. Livingston Affirms Limits

Date: May 19, 2016

Voluntary Conduct and Eighth Amendment Protections: Legate v. Livingston Affirms Limits Introduction The case of James Legate v. Brad Livingston addresses the extent to which the Eighth Amendment's...

Establishing Rigorous Gatekeeping for Expert Testimony Qualifications: Da v. Carlson

Date: May 17, 2016

Establishing Rigorous Gatekeeping for Expert Testimony Qualifications: Da v. Carlson Introduction Da v. Carlson, 822 F.3d 194 (5th Cir. 2016), is a pivotal appellate decision by the United States...

Qualified Immunity Affirmed for Tax Assessors in Fourth Amendment Context

Date: May 7, 2016

Qualified Immunity Affirmed for Tax Assessors in Fourth Amendment Context Introduction In the case of Cary KING; Melba Ireland King v. Lloyd G. Handorf, heard by the United States Court of Appeals...

Fifth Circuit Clarifies Loss Calculation in 8(a) Procurement Fraud: Government Benefits Rule Not Applicable

Date: Apr 29, 2016

Fifth Circuit Clarifies Loss Calculation in 8(a) Procurement Fraud: Government Benefits Rule Not Applicable Introduction The case of United States of America v. Thomas Gregory Harris, decided by the...

Arthur Whitehead v. Colvin: Affirmation of Disability Benefits Denial under Substantial Evidence Standard

Date: Apr 29, 2016

Arthur Whitehead v. Colvin: Affirmation of Disability Benefits Denial under Substantial Evidence Standard Introduction The case of Arthur Whitehead v. Carolyn W. Colvin, adjudicated by the United...

5th Circuit Establishes Limits on Prior Restraint Rules for Attorneys Not of Record

Date: Apr 19, 2016

5th Circuit Establishes Limits on Prior Restraint Rules for Attorneys Not of Record Introduction The case of In re William L. Goode, Appellant (821 F.3d 553) adjudicated by the United States Court of...

Expanding the Scope of Aggravated Identity Theft and Enhancing Loss Calculations in Health Care Fraud: Insights from United States v. Tariq Mahmood, M.D.

Date: Apr 15, 2016

Expanding the Scope of Aggravated Identity Theft and Enhancing Loss Calculations in Health Care Fraud: Insights from United States v. Tariq Mahmood, M.D. Introduction In the landmark case of United...

Affirmation of Abuse of Discretion Standard in ERISA Disability Claims: Prudential Insurance Co. of America v. Burell

Date: Apr 12, 2016

Affirmation of Abuse of Discretion Standard in ERISA Disability Claims: Prudential Insurance Co. of America v. Burell Introduction In the appellate case Patrick Burell; Aracelli Burell v. Prudential...

Hardman v. Colvin: Reinforcing Standards for ALJ Evidence Evaluation in Social Security Disability Determinations

Date: Apr 12, 2016

Hardman v. Colvin: Reinforcing Standards for ALJ Evidence Evaluation in Social Security Disability Determinations Introduction In Hardman v. Colvin, 820 F.3d 142 (5th Cir. 2016), the United States...

Fifth Circuit Upholds Administrative Actions in Pest Control Licensing Case: Affirmation of Summary Judgment on First Amendment, Due Process, and Excessive Fines Claims

Date: Apr 9, 2016

Fifth Circuit Upholds Administrative Actions in Pest Control Licensing Case: Affirmation of Summary Judgment on First Amendment, Due Process, and Excessive Fines Claims Introduction In the appellate...

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