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  • Commentaries
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5th Circuit Case Commentaries

Reformation of Title Insurance Policies and Survey Coverage Interpretation in the Fifth Circuit

Reformation of Title Insurance Policies and Survey Coverage Interpretation in the Fifth Circuit

Date: Jan 15, 2014
Reformation of Title Insurance Policies and Survey Coverage Interpretation in the Fifth Circuit Introduction The case of Lawyers Title Insurance Corporation v. Doubletree Partners, L.P. (739 F.3d...
Affirmation of Conspiracy and Fraud Convictions in Maxie Village Mortgage Scheme

Affirmation of Conspiracy and Fraud Convictions in Maxie Village Mortgage Scheme

Date: Jan 14, 2014
Affirmation of Conspiracy and Fraud Convictions in Maxie Village Mortgage Scheme Introduction The case of United States of America v. Gilbert Barry Isgar; Vincent Wallace Aldridge; Tori Elyse...
Deepwater Horizon Settlement Affirms Robust Rule 23 Class Certification Standards Despite Standing Objections

Deepwater Horizon Settlement Affirms Robust Rule 23 Class Certification Standards Despite Standing Objections

Date: Jan 11, 2014
Deepwater Horizon Settlement Affirms Robust Rule 23 Class Certification Standards Despite Standing Objections Introduction The case of In re Deepwater Horizon—Appeals of the Economic and Property...
Affirmation of AEDPA's Procedural Deference in Rodney Reed's COA Denial

Affirmation of AEDPA's Procedural Deference in Rodney Reed's COA Denial

Date: Jan 11, 2014
Affirmation of AEDPA's Procedural Deference in Rodney Reed's COA Denial Introduction The case of Rodney Reed v. William Stephens revolves around Rodney Reed, who was convicted of the capital murder...
Affirmation of Health Care Services Fee's Constitutionality in Inmate Trust Funds

Affirmation of Health Care Services Fee's Constitutionality in Inmate Trust Funds

Date: Jan 11, 2014
Affirmation of Health Care Services Fee's Constitutionality in Inmate Trust Funds Introduction In the case of Robert Charles Morris, Individually and Ward of the State of Texas v. Brad Livingston,...
Cadle Company v. Moore: Establishing Boundaries on Bankruptcy Court Sanctions

Cadle Company v. Moore: Establishing Boundaries on Bankruptcy Court Sanctions

Date: Jan 10, 2014
Cadle Company v. Moore: Establishing Boundaries on Bankruptcy Court Sanctions Introduction Cadle Company v. James H. Moore, III et al. is a pivotal case adjudicated by the United States Court of...
Supplemental Jurisdiction Cannot Serve as an Anchor for Removal: Analysis of Energy Management Services, LLC v. City of Alexandria

Supplemental Jurisdiction Cannot Serve as an Anchor for Removal: Analysis of Energy Management Services, LLC v. City of Alexandria

Date: Jan 10, 2014
Supplemental Jurisdiction Cannot Serve as an Anchor for Removal: Analysis of Energy Management Services, LLC v. City of Alexandria Introduction The case of Energy Management Services, LLC (EMS) v....
Complete Diversity Lacking in Mixed-Citizenship Corporate Litigation: Insights from Vantage Drilling Co. v. Hsin-Chi Su

Complete Diversity Lacking in Mixed-Citizenship Corporate Litigation: Insights from Vantage Drilling Co. v. Hsin-Chi Su

Date: Jan 8, 2014
Complete Diversity Lacking in Mixed-Citizenship Corporate Litigation: Insights from Vantage Drilling Co. v. Hsin-Chi Su Introduction Vantage Drilling Company v. Hsin-Chi Su, 741 F.3d 535 (5th Cir....
Strict Adherence to LHWCA §933(g): Venable v. LWCC Redefines Jurisdictional Boundaries

Strict Adherence to LHWCA §933(g): Venable v. LWCC Redefines Jurisdictional Boundaries

Date: Dec 31, 2013
Strict Adherence to LHWCA §933(g): Venable v. LWCC Redefines Jurisdictional Boundaries Introduction In Venable v. Louisiana Workers' Compensation Corporation (740 F.3d 937), the United States Court...
Establishing Delivery in Good Condition Under the Carmack Amendment: Mari Jose v. Transmaritime

Establishing Delivery in Good Condition Under the Carmack Amendment: Mari Jose v. Transmaritime

Date: Dec 31, 2013
Establishing Delivery in Good Condition Under the Carmack Amendment: Mari Jose v. Transmaritime Introduction The case of Distribuidora Mari Jose, S.A. de C.V. v. Transmaritime, Inc. (738 F.3d 703)...
Reaffirmation of AEDPA Standards in Denial of Certificate of Appealability for Ineffective Assistance Claims in Capital Sentences

Reaffirmation of AEDPA Standards in Denial of Certificate of Appealability for Ineffective Assistance Claims in Capital Sentences

Date: Dec 21, 2013
Reaffirmation of AEDPA Standards in Denial of Certificate of Appealability for Ineffective Assistance Claims in Capital Sentences Introduction The case of Manuel Garza v. William Stephens, Director,...
Limitation of Indemnity Agreements to Workmanship Under Texas Law: Weeks Marine v. Standard Concrete Products

Limitation of Indemnity Agreements to Workmanship Under Texas Law: Weeks Marine v. Standard Concrete Products

Date: Dec 7, 2013
Limitation of Indemnity Agreements to Workmanship Under Texas Law: Weeks Marine v. Standard Concrete Products Introduction The case of Weeks Marine, Incorporated v. Standard Concrete Products,...
5th Circuit Upholds NLRB's Decision on Arbitration Agreements under NLRA in D.R. Horton, Inc. v. NLRB

5th Circuit Upholds NLRB's Decision on Arbitration Agreements under NLRA in D.R. Horton, Inc. v. NLRB

Date: Dec 4, 2013
5th Circuit Upholds NLRB's Decision on Arbitration Agreements under NLRA in D.R. Horton, Inc. v. NLRB Introduction In the landmark case D.R. Horton, Incorporated, Petitioner/Cross–Respondent v....
Establishing Foreclosure Authority of MERS Assigns and Quasi-Estoppel in Mortgage Servicer Challenges: Farkas v. GMAC Mortgage

Establishing Foreclosure Authority of MERS Assigns and Quasi-Estoppel in Mortgage Servicer Challenges: Farkas v. GMAC Mortgage

Date: Dec 3, 2013
Establishing Foreclosure Authority of MERS Assigns and Quasi-Estoppel in Mortgage Servicer Challenges Introduction In the case of Janos Farkas v. GMAC Mortgage, L.L.C.; Deutsche Bank Trust Company...
Limited Guaranty Enforcement: Haggard v. Bank of the Ozarks Establishes Key Precedent

Limited Guaranty Enforcement: Haggard v. Bank of the Ozarks Establishes Key Precedent

Date: Nov 26, 2013
Limited Guaranty Enforcement: Haggard v. Bank of the Ozarks Establishes Key Precedent Introduction Haggard v. Bank of the Ozarks, Inc. is a pivotal case adjudicated by the United States Court of...
Jabary v. City of Allen: Reinforcing Procedural Due Process in Administrative Revocations

Jabary v. City of Allen: Reinforcing Procedural Due Process in Administrative Revocations

Date: Nov 26, 2013
Jabary v. City of Allen: Reinforcing Procedural Due Process in Administrative Revocations United States Court of Appeals for the Fifth Circuit Date: November 25, 2013 Introduction The case of Mike...
Emerging Precedent on Hostile Work Environment and Retaliation under Title VII: Royal v. CCC & R Tres Arboles

Emerging Precedent on Hostile Work Environment and Retaliation under Title VII: Royal v. CCC & R Tres Arboles

Date: Nov 22, 2013
Emerging Precedent on Hostile Work Environment and Retaliation under Title VII: Royal v. CCC & R Tres Arboles Introduction In the landmark case Tonia Denise J. Royal v. CCC & R Tres Arboles, L.L.C.,...
Affirmation of AEDPA Standards in Ineffective Assistance Claims: Charles v. Stephens

Affirmation of AEDPA Standards in Ineffective Assistance Claims: Charles v. Stephens

Date: Nov 19, 2013
Affirmation of AEDPA Standards in Ineffective Assistance Claims: Charles v. Stephens Introduction Charles v. Stephens, decided by the United States Court of Appeals for the Fifth Circuit on November...
Affirmation of Discovery Sanctions and Clarification on Cost Awards Under FRCP 37 and 54(d) – Ste v. Moore

Affirmation of Discovery Sanctions and Clarification on Cost Awards Under FRCP 37 and 54(d) – Ste v. Moore

Date: Nov 13, 2013
Affirmation of Discovery Sanctions and Clarification on Cost Awards Under FRCP 37 and 54(d) – Ste v. Moore Introduction In Ste v. Moore, the United States Court of Appeals for the Fifth Circuit...
Affirmation of Disability Proof Requirements under ADAAA: Neely v. PSEG Texas

Affirmation of Disability Proof Requirements under ADAAA: Neely v. PSEG Texas

Date: Nov 7, 2013
Affirmation of Disability Proof Requirements under ADAAA: Neely v. PSEG Texas Introduction In Jeffrey Neely v. PSEG Texas, Limited Partnership; Public Service Enterprise Group, Incorporated, 735 F.3d...
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