5th Circuit Case Commentaries

Fifth Circuit Reverses Dismissal in Section 1983 Retaliation Claims for Public Contractors: Culbertson v. Harris County

Date: Jun 23, 2015

Fifth Circuit Reverses Dismissal in Section 1983 Retaliation Claims for Public Contractors: Culbertson v. Harris County Introduction The case of Amanda Culbertson and Jorge Wong v. Pat Lykos, Rachel...

Waiver of Confrontation Rights Affirmed in Ceballos v. United States

Date: Jun 17, 2015

Waiver of Confrontation Rights Affirmed in United States v. Ceballos Introduction In the landmark case of United States v. Sandra Lisseth Ceballos, 789 F.3d 607 (5th Cir. 2015), the United States...

Affirmation of Dismissal in Robb Billups v. Retail Merchants Association: Key Precedents and Legal Implications

Date: Jun 16, 2015

Affirmation of Dismissal in Robb Billups v. Retail Merchants Association: Key Precedents and Legal Implications Introduction The case of Robb Billups v. Retail Merchants Association, Incorporated et...

Zastrow v. Houston Auto Imports Greenway: Defining Limits of RICO in Retaliation Claims

Date: Jun 13, 2015

Zastrow v. Houston Auto Imports Greenway: Defining Limits of RICO in Retaliation Claims Introduction The case of Mark Zastrow and Heights Autohaus v. Houston Auto Imports Greenway Limited addresses...

Establishing Sufficiency of Minimal Pleadings and Prove-Up Hearings in ADEA Default Judgments: Insights from Wooten v. McDonald Transit Associates, Inc.

Date: Jun 11, 2015

Establishing Sufficiency of Minimal Pleadings and Prove-Up Hearings in ADEA Default Judgments: Insights from Wooten v. McDonald Transit Associates, Inc. Introduction In the landmark case Eddie...

Fannie Mae v. Hurst: Reinforcing Relevance in Discovery for Deficiency Judgment Litigation

Date: Jun 3, 2015

Fannie Mae v. Hurst: Reinforcing Relevance in Discovery for Deficiency Judgment Litigation Introduction In the case of Fannie Mae, Plaintiff-Appellee v. John Hurst; Southern Holdings III, L.L.C.,...

Collateral Estoppel and Standing in RICO Claims: Analysis of BCR Safeguard Holding v. Morgan Stanley Real Estate Advisor

Date: Jun 3, 2015

Collateral Estoppel and Standing in RICO Claims: Analysis of BCR Safeguard Holding v. Morgan Stanley Real Estate Advisor Introduction The case of BCR Safeguard Holding, L.L.C., et al. v. Morgan...

Enhancing Judicial Discretion: 5th Circuit Vacates Career Offender Sentence in United States v. Clay

Date: May 23, 2015

Enhancing Judicial Discretion: 5th Circuit Vacates Career Offender Sentence in United States v. Clay Introduction In the landmark case United States v. Nickdaniel Dewayne Clay, the United States...

Scope of Arbitration Clauses in Subcontracts: Insights from TRC Environmental Corporation v. LVI Facility Services, Inc.

Date: May 23, 2015

Scope of Arbitration Clauses in Subcontracts: Insights from TRC Environmental Corporation v. LVI Facility Services, Inc. Introduction The case TRC Environmental Corporation v. LVI Facility Services,...

Affirmation of Non-Waiver of Foreclosure Rights in Thompson v. Bank of America

Date: Apr 22, 2015

Affirmation of Non-Waiver of Foreclosure Rights in Thompson v. Bank of America Introduction In the landmark case of David and Toni Thompson v. Bank of America National Association, 783 F.3d 1022 (5th...

Trademark Descriptiveness and Lack of Secondary Meaning in Mardi Gras Bead Dog Case

Date: Apr 9, 2015

Trademark Descriptiveness and Lack of Secondary Meaning in Mardi Gras Bead Dog Case Introduction The case of Nola Spice Designs, L.L.C. v. Haydel Enterprises, Inc. (783 F.3d 527) adjudicated by the...

5th Circuit Affirms Strict Standing Requirements in Challenges to DHS DACA Directive

Date: Apr 8, 2015

Standing Requirements Confirmed in Fifth Circuit's Affirmation of DACA Directive Suit Introduction In the landmark case Christopher L. Crane et al. v. Jeh Charles Johnson et al. (783 F.3d 244, 5th...

Affirmation of Summary Judgment in Age Discrimination Case: Squyres v. HEICO Companies

Date: Apr 3, 2015

Affirmation of Summary Judgment in Age Discrimination Case: Squyres v. HEICO Companies Introduction In the case of Jerrell P. Squyres v. The HEICO Companies, L.L.C., the United States Court of...

Clarifying "Drug Trafficking Offense" Enhancements under U.S. Sentencing Guidelines: United States v. Gomez–Alvarez

Date: Apr 1, 2015

Clarifying "Drug Trafficking Offense" Enhancements under U.S. Sentencing Guidelines: United States v. Gomez–Alvarez 1. Introduction United States v. Elmer Gomez–Alvarez, 781 F.3d 787 (5th Cir. 2015),...

Zannikos v. Oil Inspections: Clarifying FLSA Administrative Exemptions and Statute of Limitations

Date: Mar 28, 2015

Zannikos v. Oil Inspections: Clarifying FLSA Administrative Exemptions and Statute of Limitations Introduction In the case of Vasilios Zannikos, Individually and On Behalf of Others Similarly...

Affirmation of 16-Level Sentence Enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(i) in United States v. Martinez–Lugo