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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

Limitation on Programmatic Challenges under APA §702 Affirmed: Alabama-Coushatta Tribe v. United States

Limitation on Programmatic Challenges under APA §702 Affirmed: Alabama-Coushatta Tribe v. United States

Date: Jul 10, 2014
Limitation on Programmatic Challenges under APA §702 Affirmed: Alabama-Coushatta Tribe v. United States Introduction The case The Alabama–Coushatta Tribe of Texas v. United States (757 F.3d 484,...
Incorporation and Non-Waiver of Arbitration Agreements: An Analysis of Rasheed Al Rushaid v. National Oilwell Varco

Incorporation and Non-Waiver of Arbitration Agreements: An Analysis of Rasheed Al Rushaid v. National Oilwell Varco

Date: Jul 3, 2014
Incorporation and Non-Waiver of Arbitration Agreements: An Analysis of Rasheed Al Rushaid v. National Oilwell Varco Introduction The case of Rasheed Al Rushaid; Al Rushaid Petroleum Investment...
Failure of Consideration and Piercing the Corporate Veil: Insights from MeadAA v. Rangi in the Fifth Circuit

Failure of Consideration and Piercing the Corporate Veil: Insights from MeadAA v. Rangi in the Fifth Circuit

Date: Jul 2, 2014
Failure of Consideration and Piercing the Corporate Veil: Insights from MeadAA v. Rangi in the Fifth Circuit Introduction The case of Reymond MEADAA; Harry Hawthorne; Jose Mathew; Dinesh Shaw; Navtej...
Abstention and Jurisdiction in Church Property Disputes: A Comprehensive Analysis of AFRICAN METHODIST EPISCOPAL CHURCH v. Saint James Mission Church

Abstention and Jurisdiction in Church Property Disputes: A Comprehensive Analysis of AFRICAN METHODIST EPISCOPAL CHURCH v. Saint James Mission Church

Date: Jul 1, 2014
Abstention and Jurisdiction in Church Property Disputes: A Comprehensive Analysis of AFRICAN METHODIST EPISCOPAL CHURCH v. Saint James Mission Church Introduction The case of African Methodist...
Fifth Circuit Establishes Proper Procedural Handling of 'Governmental Plan' Claims under ERISA

Fifth Circuit Establishes Proper Procedural Handling of 'Governmental Plan' Claims under ERISA

Date: Jun 24, 2014
Fifth Circuit Establishes Proper Procedural Handling of 'Governmental Plan' Claims under ERISA Introduction In the appellate case Mary Smith et al. v. Regional Transit Authority et al. (756 F.3d 340,...
Affirmation of Protective Order Enforcement Amid Prolonged Confidentiality Disputes: Moore v. Ford Motor Company

Affirmation of Protective Order Enforcement Amid Prolonged Confidentiality Disputes: Moore v. Ford Motor Company

Date: Jun 21, 2014
Affirmation of Protective Order Enforcement Amid Prolonged Confidentiality Disputes: Moore v. Ford Motor Company Introduction The case of Ressie Moore; Alfred Moore; Bridgette Jett; Almaria Lucas v....
But-For Causation in JSIA Claims: Rogers v. Bromac Title Services

But-For Causation in JSIA Claims: Rogers v. Bromac Title Services

Date: Jun 19, 2014
But-For Causation in JSIA Claims: Rogers v. Bromac Title Services Introduction Rogers v. Bromac Title Services, L.L.C. is a pivotal case adjudicated by the United States Court of Appeals, Fifth...
Procedural Safeguards in Federal Dismissals: Davoodi v. Austin Independent School District

Procedural Safeguards in Federal Dismissals: Davoodi v. Austin Independent School District

Date: Jun 17, 2014
Procedural Safeguards in Federal Dismissals: Davoodi v. Austin Independent School District Introduction In Mostafa Davoodi v. Austin Independent School District (755 F.3d 307, Fifth Circuit, 2014),...
Broad Interpretation of "Vehicle" in ERISA Insurance Policy Exclusions: Green v. Life Insurance Co. Affirms Summary Judgment

Broad Interpretation of "Vehicle" in ERISA Insurance Policy Exclusions: Green v. Life Insurance Co. Affirms Summary Judgment

Date: Jun 12, 2014
Broad Interpretation of "Vehicle" in ERISA Insurance Policy Exclusions: Green v. Life Insurance Co. Affirms Summary Judgment Introduction In the case of Lindsey Green; Brenda Green v. Life Insurance...
Comprehensive Commentary on United States v. Ricky J. Keele: Appeal Waivers and Restitution Orders

Comprehensive Commentary on United States v. Ricky J. Keele: Appeal Waivers and Restitution Orders

Date: Jun 3, 2014
Appeal Waivers and Restitution Orders: An Analysis of United States v. Ricky J. Keele Introduction The case of United States of America v. Ricky J. Keele (755 F.3d 752, 5th Cir. 2014) addresses...
Exhaustion of Administrative Remedies under TCHRA: Gorman v. Verizon Wireless Texas

Exhaustion of Administrative Remedies under TCHRA: Gorman v. Verizon Wireless Texas

Date: May 29, 2014
Exhaustion of Administrative Remedies under TCHRA: Gorman v. Verizon Wireless Texas Introduction In Gorman v. Verizon Wireless Texas, L.L.C., the United States Court of Appeals for the Fifth Circuit...
Preemption of Failure to Warn Claims under Tex. Civ. Prac. & Rem. Code §82.007(a): McKay v. Novartis Affirmed

Preemption of Failure to Warn Claims under Tex. Civ. Prac. & Rem. Code §82.007(a): McKay v. Novartis Affirmed

Date: May 28, 2014
Preemption of Failure to Warn Claims under Tex. Civ. Prac. & Rem. Code §82.007(a): McKay v. Novartis Affirmed Introduction The case of Thomas W. McKay; Leticia McKay v. Novartis Pharmaceutical...
Imputing Agency Relationships for Personal Jurisdiction: Fifth Circuit's Ruling in Chinese Drywall Liability Cases

Imputing Agency Relationships for Personal Jurisdiction: Fifth Circuit's Ruling in Chinese Drywall Liability Cases

Date: May 21, 2014
Imputing Agency Relationships for Personal Jurisdiction: Fifth Circuit's Ruling in Chinese Drywall Liability Cases Introduction The United States Court of Appeals for the Fifth Circuit addressed...
Affirmation of Dismissal in Marucci Sports v. NCAA: Antitrust Implications of the BBCOR Standard

Affirmation of Dismissal in Marucci Sports v. NCAA: Antitrust Implications of the BBCOR Standard

Date: May 7, 2014
Affirmation of Dismissal in Marucci Sports v. NCAA: Antitrust Implications of the BBCOR Standard Introduction Marucci Sports, L.L.C., a relatively new player in the baseball bat manufacturing...
Exclusivity of Bankruptcy Trustees in Prosecuting False Claims Act Suits: Insights from United States v. Westbrook Navigator

Exclusivity of Bankruptcy Trustees in Prosecuting False Claims Act Suits: Insights from United States v. Westbrook Navigator

Date: May 6, 2014
Exclusivity of Bankruptcy Trustees in Prosecuting False Claims Act Suits: Insights from United States v. Westbrook Navigator Introduction The case of United States ex rel. John Dee Spicer, Chapter 7...
Interpretation of FCC §553 Safe Harbor: J&J Sports Productions v. Mandell Family Ventures

Interpretation of FCC §553 Safe Harbor: J&J Sports Productions v. Mandell Family Ventures

Date: May 3, 2014
Interpretation of FCC §553 Safe Harbor: J&J Sports Productions v. Mandell Family Ventures Introduction The case of J&J Sports Productions, Incorporated, as Broadcast Licensee of the December 8, 2007...
Arbitration Requirements for Rehabilitation Act Claims under Collective Bargaining Agreements

Arbitration Requirements for Rehabilitation Act Claims under Collective Bargaining Agreements

Date: May 1, 2014
Arbitration Requirements for Rehabilitation Act Claims under Collective Bargaining Agreements Introduction In the case of Sandra Kay Gilbert v. Patrick R. Donahoe, Postmaster General, United States...
Affirming Privity of Estate-Based Enforcement of Leases Post-FDIC Conveyance

Affirming Privity of Estate-Based Enforcement of Leases Post-FDIC Conveyance

Date: Apr 25, 2014
Affirming Privity of Estate-Based Enforcement of Leases Post-FDIC Conveyance Introduction In the aftermath of Washington Mutual Bank's failure in 2008, the Federal Deposit Insurance Corporation...
Reaffirming Qualified Immunity Procedures: Insights from Zapata v. Dually (5th Cir. 2014)

Reaffirming Qualified Immunity Procedures: Insights from Zapata v. Dually (5th Cir. 2014)

Date: Apr 19, 2014
Reaffirming Qualified Immunity Procedures: Insights from Zapata v. Dually (5th Cir. 2014) Introduction Zapata v. Dually is a significant case adjudicated by the United States Court of Appeals for the...
Establishing Evidentiary Standards for Retaliation Claims under Title VII: Willis v. Cleco Corporation

Establishing Evidentiary Standards for Retaliation Claims under Title VII: Willis v. Cleco Corporation

Date: Apr 9, 2014
Establishing Evidentiary Standards for Retaliation Claims under Title VII Willis v. Cleco Corporation, 749 F.3d 314 (5th Cir. 2014) Introduction Gregory Willis, an African-American employee, filed a...
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