5th Circuit Case Commentaries

Reevaluation of Timeliness and Pleading Standards under Rule 12(b)(6): Brand Coupon Network v. Catalina Marketing

Date: Apr 9, 2014

Reevaluation of Timeliness and Pleading Standards under Rule 12(b)(6): Brand Coupon Network v. Catalina Marketing Introduction The case of Brand Coupon Network, L.L.C. v. Catalina Marketing...

Enforcement of Arbitration Clauses Against Non-Signatories through Equitable Estoppel – Crawford Professional Drugs Inc. v. CVS Caremark

Date: Apr 5, 2014

Enforcement of Arbitration Clauses Against Non-Signatories through Equitable Estoppel – Crawford Professional Drugs Inc. v. CVS Caremark Introduction The case of Crawford Professional Drugs,...

Interpretation of Ambiguous Medical Practice Agreements: 5th Circuit Affirms Jury’s Verdict in Songcharoen v. PHSA

Date: Apr 3, 2014

Interpretation of Ambiguous Medical Practice Agreements: 5th Circuit Affirms Jury’s Verdict in Songcharoen v. PHSA Introduction The case of Sompprasong Songcharoen, M.D., FACS., PLLC v. Plastic &...

Recognition of Sleep Deprivation as Eighth Amendment Violation in Prison Conditions: Garrett v. Thaler

Date: Apr 2, 2014

Recognition of Sleep Deprivation as Eighth Amendment Violation in Prison Conditions: Garrett v. Thaler Introduction In the case of Michael Garrett v. Rick Thaler, decided by the United States Court...

Arbitrary Termination of Section 8 Benefits: Fifth Circuit Affirms Due Process in Cooley v. Housing Authority of Slidell

Date: Mar 27, 2014

Arbitrary Termination of Section 8 Benefits: Fifth Circuit Affirms Due Process in Cooley v. Housing Authority of Slidell Introduction In Robin N. Cooley v. Housing Authority of the City of Slidell...

Fifth Circuit Abandons 'Equipoise Rule' in Light of JACKSON v. VIRGINIA Standard

Date: Mar 27, 2014

Fifth Circuit Abandons 'Equipoise Rule' in Light of JACKSON v. VIRGINIA Standard Introduction In the landmark case United States of America v. Ruben Vargas-Ocampo, the United States Court of Appeals...

Federal Jurisdiction Under CAFA Remains Intact After Severance: Insights from State of Louisiana v. American National Property & Casualty Co.

Date: Mar 27, 2014

Federal Jurisdiction Under CAFA Remains Intact After Severance: Insights from State of Louisiana v. American National Property & Casualty Co. Introduction The case State of Louisiana v. American...

Balancing Employee Awareness and Employer Duty in Premises Liability: Austin v. Kroger Texas

Date: Mar 22, 2014

Balancing Employee Awareness and Employer Duty in Premises Liability: Austin v. Kroger Texas Introduction Randy J. Austin v. Kroger Texas L.P., 746 F.3d 191 (5th Cir. 2014), is a landmark case...

Williams v. Wells Fargo: Affirmation of Dismissal and Attorneys' Fees – Comprehensive Commentary

Date: Mar 20, 2014

Williams v. Wells Fargo: Affirmation of Dismissal and Attorneys' Fees – Comprehensive Commentary Introduction In the case of Donald Williams; Jacqueline Williams v. Wells Fargo Bank, N.A.,...

Fifth Circuit Clarifies Exhaustion of Administrative Remedies and Eighth Amendment Standards in Prisoner Litigation

Date: Mar 13, 2014

Fifth Circuit Clarifies Exhaustion of Administrative Remedies and Eighth Amendment Standards in Prisoner Litigation Introduction In the case of Freddie R. Coleman v. Da, decided on March 12, 2014,...

Affirmation of Qualified Immunity in Excessive Force Claims: Tyralyn Harris v. Dually et al.

Date: Mar 13, 2014

Affirmation of Qualified Immunity in Excessive Force Claims: Tyralyn Harris v. Dually et al. Introduction The case of Tyralyn Harris, individually and on behalf of her minor children, Jai Harris and...

Dlabal v. Tiblier: Redefining ERISA Fiduciary Standards

Date: Mar 1, 2014

Dlabal v. Tiblier: Redefining ERISA Fiduciary Standards Introduction The case of Eric Tiblier, as Trustee of and on Behalf of the Dr. Eric Tiblier, P.A. Cash Balance Plan; Susanne Tetzlaff, as...

Affirmation of Summary Judgment in Estate of Montana Lance v. Lewisville ISD: Reinforcing Disability Rights under §504 and §1983 in Educational Settings

Date: Mar 1, 2014

Affirmation of Summary Judgment in Estate of Montana Lance v. Lewisville ISD: Reinforcing Disability Rights under §504 and §1983 in Educational Settings Introduction The case of Estate of Montana...

Federal Preemption of State Wildlife Statute in Oil Spill Litigation: In re DEEPWATER HORIZON (745 F.3d 157)

Date: Feb 25, 2014

Federal Preemption of State Wildlife Statute in Oil Spill Litigation: In re DEEPWATER HORIZON (745 F.3d 157) Introduction The case In re DEEPWATER HORIZON, decided by the United States Court of...

Fifth Circuit Establishes Sovereign Immunity Limits and Mootness in Education Law: Moore v. Louisiana Board of Education

Date: Feb 25, 2014

Fifth Circuit Establishes Sovereign Immunity Limits and Mootness in Education Law: Moore v. Louisiana Board of Education Introduction In the case of M.C. Moore, et al. v. Louisiana Board of...

Fifth Circuit Clarifies Standards for Hostile Work Environment Claims: Emphasis on Prompt Remedial Action

Date: Feb 1, 2014

Fifth Circuit Clarifies Standards for Hostile Work Environment Claims: Emphasis on Prompt Remedial Action Introduction In the landmark case of Nadiya Williams–Boldware v. Denton County, Texas, the...

Stream-of-Commerce Jurisdiction Affirmed Over Foreign Manufacturer: Fifth Circuit Analysis in In re Chinese Manufactured Drywall Products Liability Litigation

Date: Jan 29, 2014

Stream-of-Commerce Jurisdiction Affirmed Over Foreign Manufacturer: Fifth Circuit Analysis in In re Chinese Manufactured Drywall Products Liability Litigation Introduction The appellate case titled...

Affirmation of Prison Mailroom Policies Under TURNER v. SAFLEY: Stauffer v. Texas Department of Criminal Justice

Date: Jan 25, 2014

Affirmation of Prison Mailroom Policies Under TURNER v. SAFLEY: Stauffer v. Texas Department of Criminal Justice Introduction The case of Shawn Joseph Stauffer v. Texas Department of Criminal Justice...

Robinson v. United States: Establishing Sentencing Courts' Authority to Consider Defendant Cooperation under 18 U.S.C. § 3553(a)

Date: Jan 25, 2014

Robinson v. United States: Establishing Sentencing Courts' Authority to Consider Defendant Cooperation under 18 U.S.C. § 3553(a) Introduction Robinson v. United States (741 F.3d 588, 2014) is a...

Establishing Limits on False Domain Registration in Telecommunication Fraud Conspiracies: United States v. Simpson & Shafer

Date: Jan 16, 2014

Establishing Limits on False Domain Registration in Telecommunication Fraud Conspiracies: United States v. Simpson & Shafer Introduction In the landmark case United States v. Matthew Norman Simpson &...

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