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  • Commentaries
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5th Circuit Case Commentaries

Affirmation of Cat's Paw Theory in Title VII Retaliation Claims: ZAMORA v. CITY OF HOUSTON

Affirmation of Cat's Paw Theory in Title VII Retaliation Claims: ZAMORA v. CITY OF HOUSTON

Date: Aug 20, 2015
Affirmation of Cat's Paw Theory in Title VII Retaliation Claims: ZAMORA v. CITY OF HOUSTON Introduction In ZAMORA v. CITY OF HOUSTON, 798 F.3d 326 (5th Cir. 2015), the United States Court of Appeals...
Ensuring Exhaustion of Administrative Remedies: Addressing Misrepresentations by Correctional Staff

Ensuring Exhaustion of Administrative Remedies: Addressing Misrepresentations by Correctional Staff

Date: Aug 18, 2015
Ensuring Exhaustion of Administrative Remedies: Addressing Misrepresentations by Correctional Staff Introduction The case of Grady Allen Davis v. DSO F. Hernandez; DSO Cody Hill (798 F.3d 290)...
United States v. Cervantes: Affirmation of Reasonable Suspicion Standards for Border Patrol Traffic Stops Far from the Border

United States v. Cervantes: Affirmation of Reasonable Suspicion Standards for Border Patrol Traffic Stops Far from the Border

Date: Aug 15, 2015
United States v. Cervantes: Affirmation of Reasonable Suspicion Standards for Border Patrol Traffic Stops Far from the Border Introduction In United States v. Luis Gerard Cervantes, 797 F.3d 326 (5th...
Burton v. Freescale Semiconductor: Defining Joint Employer Liability under the ADA

Burton v. Freescale Semiconductor: Defining Joint Employer Liability under the ADA

Date: Aug 11, 2015
Burton v. Freescale Semiconductor: Defining Joint Employer Liability under the ADA Introduction In Burtin v. Freescale Semiconductor, Inc. (798 F.3d 222, 5th Cir. 2015), the United States Court of...
Exclusion of Expert Testimony in Habeas Corpus Petition: Roberson v. Stephens

Exclusion of Expert Testimony in Habeas Corpus Petition: Roberson v. Stephens

Date: Aug 11, 2015
Exclusion of Expert Testimony in Habeas Corpus Petition: Roberson v. Stephens Introduction Robert Leslie Roberson, III, convicted of capital murder for the tragic death of his two-year-old daughter,...
Affirmation of Wire Fraud and Money Laundering Convictions: An Analysis of United States v. Deason

Affirmation of Wire Fraud and Money Laundering Convictions: An Analysis of United States v. Deason

Date: Aug 8, 2015
Affirmation of Wire Fraud and Money Laundering Convictions: An Analysis of United States v. Deason Introduction In the case of United States of America v. Caleb Deason, adjudicated by the United...
Redd v. United States: Procedural Requirements and Challenges in §2255 Post-Conviction Relief

Redd v. United States: Procedural Requirements and Challenges in §2255 Post-Conviction Relief

Date: Aug 7, 2015
Redd v. United States: Procedural Requirements and Challenges in §2255 Post-Conviction Relief Introduction Redd v. United States is a significant case adjudicated by the United States Court of...
Sentence Reductions under 18 U.S.C. § 3582(c)(2) Do Not Constitute New Judgments for Habeas Applications

Sentence Reductions under 18 U.S.C. § 3582(c)(2) Do Not Constitute New Judgments for Habeas Applications

Date: Aug 5, 2015
Sentence Reductions under 18 U.S.C. § 3582(c)(2) Do Not Constitute New Judgments for Habeas Applications Introduction The case of UNITED STATES of America v. Autry Lee JONES explores whether a...
Enhancing Pretext Standards in ADEA Litigation: An Analysis of Stennett v. Tupelo Public School District

Enhancing Pretext Standards in ADEA Litigation: An Analysis of Stennett v. Tupelo Public School District

Date: Jul 31, 2015
Enhancing Pretext Standards in ADEA Litigation: An Analysis of Stennett v. Tupelo Public School District Introduction Stennett v. Tupelo Public School District is a pivotal case adjudicated by the...
Expansion of Obstruction of Justice under 18 U.S.C. § 242: United States v. McRae Commentary

Expansion of Obstruction of Justice under 18 U.S.C. § 242: United States v. McRae Commentary

Date: Jul 29, 2015
Expansion of Obstruction of Justice under 18 U.S.C. § 242: United States v. McRae Commentary Introduction The case United States of America v. Gregory McRae, adjudicated by the United States Court of...
Clarification on Qualified Immunity and Conditions of Confinement in §1983 Litigation: Estate of Henson v. Wichita County

Clarification on Qualified Immunity and Conditions of Confinement in §1983 Litigation: Estate of Henson v. Wichita County

Date: Jul 29, 2015
Clarification on Qualified Immunity and Conditions of Confinement in §1983 Litigation: Estate of Henson v. Wichita County Introduction The case Estate of Wilbert Lee Henson, deceased v. Wichita...
Ramirez–Mejia v. Lynch: Affirming the Bar on Asylum for Illegally Reentered Aliens

Ramirez–Mejia v. Lynch: Affirming the Bar on Asylum for Illegally Reentered Aliens

Date: Jul 22, 2015
Ramirez–Mejia v. Lynch: Affirming the Bar on Asylum for Illegally Reentered Aliens Introduction In the landmark case Fany Jackeline Ramirez–Mejia v. Loretta Lynch, U.S. Attorney General, adjudicated...
Establishing Precedent for Age Discrimination under ADEA: Comprehensive Analysis of Goudeau v. National Oilwell Varco

Establishing Precedent for Age Discrimination under ADEA: Comprehensive Analysis of Goudeau v. National Oilwell Varco

Date: Jul 17, 2015
Establishing Precedent for Age Discrimination under ADEA: Comprehensive Analysis of Goudeau v. National Oilwell Varco Introduction In the landmark case of Maurice R. Goudeau v. National Oilwell...
Affirming Lack of Subject Matter Jurisdiction in Alphonse v. Arch Bay Holdings: Implications for Federal and Diversity Jurisdiction

Affirming Lack of Subject Matter Jurisdiction in Alphonse v. Arch Bay Holdings: Implications for Federal and Diversity Jurisdiction

Date: Jul 14, 2015
Affirming Lack of Subject Matter Jurisdiction in Alphonse v. Arch Bay Holdings: Implications for Federal and Diversity Jurisdiction Introduction The case of Glenn E. Alphonse, Jr. v. Arch Bay...
State of Louisiana's Eighth Amendment Violation and PLRA Compliance in Death Row Heat Conditions

State of Louisiana's Eighth Amendment Violation and PLRA Compliance in Death Row Heat Conditions

Date: Jul 9, 2015
State of Louisiana's Eighth Amendment Violation and PLRA Compliance in Death Row Heat Conditions Introduction In the case of Elzie Ball; Nathaniel Code; James Magee, Plaintiffs–Appellees...
Recognition of Same-Sex Marriages: Fifth Circuit Upholds Obergefell v. Hodges in Texas

Recognition of Same-Sex Marriages: Fifth Circuit Upholds Obergefell v. Hodges in Texas

Date: Jul 2, 2015
Recognition of Same-Sex Marriages: Fifth Circuit Upholds Obergefell v. Hodges in Texas Introduction In the landmark case of Cleopatra DE LEON et al. v. Greg Abbott, the United States Court of Appeals...
Complete Preemption of State Trade Secret Claims by Federal Copyright Law in SMI v. BancorpSouth

Complete Preemption of State Trade Secret Claims by Federal Copyright Law in SMI v. BancorpSouth

Date: Jul 1, 2015
Complete Preemption of State Trade Secret Claims by Federal Copyright Law in SMI v. BancorpSouth Introduction In Spear Marketing, Incorporated v. BancorpSouth Bank; Argo Data Resource Corporation,...
Affirmation of Summary Judgment in FMLA Retaliation Case: Harrelson v. Lufkin Industries

Affirmation of Summary Judgment in FMLA Retaliation Case: Harrelson v. Lufkin Industries

Date: Jun 30, 2015
Affirmation of Summary Judgment in FMLA Retaliation Case: Harrelson v. Lufkin Industries Introduction In Marcus Ray Harrelson v. Lufkin Industries, Incorporated, adjudicated by the United States...
Federal Appellate Ruling Clarifies Recording Duties under Texas Local Government Code § 192.007

Federal Appellate Ruling Clarifies Recording Duties under Texas Local Government Code § 192.007

Date: Jun 27, 2015
Federal Appellate Ruling Clarifies Recording Duties under Texas Local Government Code § 192.007 Introduction In the case of Harris County Texas; Brazoria County Texas, on behalf of themselves and all...
Affirming Dismissal of TDCA and Negligent Misrepresentation Claims in Mortgage Foreclosure Suit

Affirming Dismissal of TDCA and Negligent Misrepresentation Claims in Mortgage Foreclosure Suit

Date: Jun 26, 2015
Affirming Dismissal of TDCA and Negligent Misrepresentation Claims in Mortgage Foreclosure Suit Introduction In the case of Shelly D. Smith v. Bank of America, N.A.; Deutsche Bank National Trust...
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