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  • Commentaries
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5th Circuit Case Commentaries

Clarifying Adverse Employment Actions in Title VII Retaliation Claims: Brandon v. Sage Corporation

Clarifying Adverse Employment Actions in Title VII Retaliation Claims: Brandon v. Sage Corporation

Date: Dec 11, 2015
Clarifying Adverse Employment Actions in Title VII Retaliation Claims: Brandon v. Sage Corporation Introduction Brandon v. Sage Corporation, 808 F.3d 266 (5th Cir. 2015), is a pivotal case addressing...
Affirming the Defer-and-Discover Approach in Qualified Immunity Challenges: Hinojosa v. Livingston

Affirming the Defer-and-Discover Approach in Qualified Immunity Challenges: Hinojosa v. Livingston

Date: Nov 19, 2015
Affirming the Defer-and-Discover Approach in Qualified Immunity Challenges: Hinojosa v. Livingston Introduction In the case of Ramona Hinojosa, Individually as a Wrongful Death Beneficiary and as the...
Comprehensive Commentary on Ortiz v. City of San Antonio Fire Department: Interpretation of GINA in Mandatory Wellness Programs

Comprehensive Commentary on Ortiz v. City of San Antonio Fire Department: Interpretation of GINA in Mandatory Wellness Programs

Date: Nov 19, 2015
Comprehensive Commentary on Ortiz v. City of San Antonio Fire Department: Interpretation of GINA in Mandatory Wellness Programs 1. Introduction The case of Alfred Ortiz, III v. City of San Antonio...
Expanding the Scope of Retaliation Claims: Rescission of Resignation as Adverse Employment Action in Porter v. Houma Terrebonne Housing Authority

Expanding the Scope of Retaliation Claims: Rescission of Resignation as Adverse Employment Action in Porter v. Houma Terrebonne Housing Authority

Date: Nov 18, 2015
Expanding the Scope of Retaliation Claims: Rescission of Resignation as Adverse Employment Action in Porter v. Houma Terrebonne Housing Authority Introduction Porter v. Houma Terrebonne Housing...
Federal Courts' Inherent Power to Appoint Counsel in Civil Rights Cases: Establishing a New Precedent

Federal Courts' Inherent Power to Appoint Counsel in Civil Rights Cases: Establishing a New Precedent

Date: Nov 14, 2015
Federal Courts' Inherent Power to Appoint Counsel in Civil Rights Cases: Establishing a New Precedent Introduction In the landmark case of Mario Naranjo v. Bobby Thompson et al., decided on November...
Reversing Qualified Immunity in Police Use of Excessive Force: Mason v. Lafayette City–Parish Consolidated Government

Reversing Qualified Immunity in Police Use of Excessive Force: Mason v. Lafayette City–Parish Consolidated Government

Date: Nov 11, 2015
Reversing Qualified Immunity in Police Use of Excessive Force: Mason v. Lafayette City–Parish Consolidated Government Introduction In the case of Brenda Mason, Individually and on behalf of Quamaine...
Fifth Circuit Upholds Preliminary Injunction Against DAPA: Reinforcing APA Procedural Standards and State Standing

Fifth Circuit Upholds Preliminary Injunction Against DAPA: Reinforcing APA Procedural Standards and State Standing

Date: Nov 10, 2015
Fifth Circuit Upholds Preliminary Injunction Against DAPA: Reinforcing APA Procedural Standards and State Standing Introduction In the landmark case of State of Texas et al. v. United States of...
Qualified Immunity and Procedural Due Process in No-Trespass Orders: Vincent v. City of Sulphur

Qualified Immunity and Procedural Due Process in No-Trespass Orders: Vincent v. City of Sulphur

Date: Oct 29, 2015
Qualified Immunity and Procedural Due Process in No-Trespass Orders: Vincent v. City of Sulphur Introduction In Vincent v. City of Sulphur, decided by the United States Court of Appeals for the Fifth...
Boren v. U.S. National Bank Association: Establishing the Limitations on Judicial Foreclosure Claims under Texas Law

Boren v. U.S. National Bank Association: Establishing the Limitations on Judicial Foreclosure Claims under Texas Law

Date: Oct 27, 2015
Boren v. U.S. National Bank Association: Establishing the Limitations on Judicial Foreclosure Claims under Texas Law Introduction The case of Charles Boren; Cyndi Boren v. U.S. National Bank...
Admissibility of Medical Expenses Under Tex. Civ. Prac. and Rem. Code § 41.0105: A Comprehensive Analysis of Guzman v. Jones

Admissibility of Medical Expenses Under Tex. Civ. Prac. and Rem. Code § 41.0105: A Comprehensive Analysis of Guzman v. Jones

Date: Oct 23, 2015
Admissibility of Medical Expenses Under Tex. Civ. Prac. and Rem. Code § 41.0105: A Comprehensive Analysis of Guzman v. Jones Introduction The appellate case of Jaime Guzman and Derrick Lambert v....
Affirmation of Statute of Limitations Application in Title IX and § 1983 Claims: King–White v. Humble ISD

Affirmation of Statute of Limitations Application in Title IX and § 1983 Claims: King–White v. Humble ISD

Date: Oct 21, 2015
Affirmation of Statute of Limitations Application in Title IX and § 1983 Claims: King–White v. Humble ISD Introduction The case of Mary King–White and A.W. v. Humble Independent School District...
No Insurer Liability for Excess Judgments Without Claimant Settlement Offer: Hemphill v. State Farm

No Insurer Liability for Excess Judgments Without Claimant Settlement Offer: Hemphill v. State Farm

Date: Oct 17, 2015
No Insurer Liability for Excess Judgments Without Claimant Settlement Offer: Hemphill v. State Farm Introduction The case of Patrick K. Hemphill v. State Farm Mutual Automobile Insurance Company...
Sentencing Based on Individualized Drug Quantities in Conspiracy Cases: United States v. Haines et al.

Sentencing Based on Individualized Drug Quantities in Conspiracy Cases: United States v. Haines et al.

Date: Oct 16, 2015
Sentencing Based on Individualized Drug Quantities in Conspiracy Cases: United States v. Haines et al. Introduction The case United States of America, Plaintiff–Appellee, v. Clarence Haines, Raymond...
United States v. Rosenthal: Affirmation of RICO Conspiracy Conviction in the Fifth Circuit

United States v. Rosenthal: Affirmation of RICO Conspiracy Conviction in the Fifth Circuit

Date: Oct 15, 2015
United States v. Rosenthal: Affirmation of RICO Conspiracy Conviction in the Fifth Circuit Introduction In United States of America v. Marc Garrett Rosenthal, the Fifth Circuit Court of Appeals...
Deliberate Indifference in Title VI Racial Harassment: Analysis of Fennell v. Marion ISD

Deliberate Indifference in Title VI Racial Harassment: Analysis of Fennell v. Marion ISD

Date: Oct 14, 2015
Deliberate Indifference in Title VI Racial Harassment: Analysis of Fennell v. Marion ISD Introduction The case of Fennell v. Marion Independent School District, decided on October 13, 2015, by the...
Reaffirming EX PARTE YOUNG: Nigen Biotech v. Ken Paxton and the Scope of Section 1983 Claims Against State Officials

Reaffirming EX PARTE YOUNG: Nigen Biotech v. Ken Paxton and the Scope of Section 1983 Claims Against State Officials

Date: Oct 1, 2015
Reaffirming EX PARTE YOUNG: Nigen Biotech v. Ken Paxton and the Scope of Section 1983 Claims Against State Officials Introduction The case of Nigen Biotech, L.L.C. v. Ken Paxton represents a...
Establishing the Boundaries of Homestead Exemption and Judgment Liens under Texas Property Code §52.042: A Comprehensive 5th Circuit Analysis

Establishing the Boundaries of Homestead Exemption and Judgment Liens under Texas Property Code §52.042: A Comprehensive 5th Circuit Analysis

Date: Oct 1, 2015
Establishing the Boundaries of Homestead Exemption and Judgment Liens under Texas Property Code §52.042: A Comprehensive 5th Circuit Analysis Introduction The case of Christopher Moser and Kernell...
Prompt Notice Requirement in Insurance Contracts: Alaniz v. Sirius International Insurance Corporation

Prompt Notice Requirement in Insurance Contracts: Alaniz v. Sirius International Insurance Corporation

Date: Sep 15, 2015
Prompt Notice Requirement in Insurance Contracts: Alaniz v. Sirius International Insurance Corporation Introduction In the matter of Carlos Alaniz v. Sirius International Insurance Corporation, the...
Default Judgment in J & J Sports Productions v. Morelia Mexican Restaurant Establishes Enhanced Damages for FCA Violations

Default Judgment in J & J Sports Productions v. Morelia Mexican Restaurant Establishes Enhanced Damages for FCA Violations

Date: Aug 29, 2015
Default Judgment in J & J Sports Productions v. Morelia Mexican Restaurant Establishes Enhanced Damages for FCA Violations Introduction The case of J & J Sports Productions, Inc. v. Morelia Mexican...
Qualified Immunity in Use of Force and Warrantless Entry: Insights from Carroll v. Ellington

Qualified Immunity in Use of Force and Warrantless Entry: Insights from Carroll v. Ellington

Date: Aug 27, 2015
Qualified Immunity in Use of Force and Warrantless Entry: Insights from Carroll v. Ellington Introduction The case of Rutha Carroll, Indi v. dually and as Heir of Herman Rochan Carroll (also known as...
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