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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

Affirmation of Standards for Amending Pleadings Post-Deadline Under Rule 16(b)(4) in Filgueira v. US Bank

Affirmation of Standards for Amending Pleadings Post-Deadline Under Rule 16(b)(4) in Filgueira v. US Bank

Date: Nov 2, 2013
Affirmation of Standards for Amending Pleadings Post-Deadline Under Rule 16(b)(4) in Filgueira v. US Bank Introduction In the case of Sebastian Filgueira v. US Bank National Association, the United...
Reinagel v. Deutsche Bank: Standing to Challenge Mortgage Assignments and the Validity of 'Robo-Signing' under Texas Law

Reinagel v. Deutsche Bank: Standing to Challenge Mortgage Assignments and the Validity of 'Robo-Signing' under Texas Law

Date: Oct 30, 2013
Reinagel v. Deutsche Bank: Standing to Challenge Mortgage Assignments and the Validity of 'Robo-Signing' under Texas Law Introduction Reinagel v. Deutsche Bank National Trust Company, 735 F.3d 220...
Collateral Estoppel in USERRA Claims: Bradberry v. Jefferson County, Texas

Collateral Estoppel in USERRA Claims: Bradberry v. Jefferson County, Texas

Date: Oct 18, 2013
Collateral Estoppel in USERRA Claims: Bradberry v. Jefferson County, Texas Introduction In Joel Bradberry v. Jefferson County, Texas, 732 F.3d 540 (5th Cir. 2013), the United States Court of Appeals...
Ensuring Proper Application of the IN RE BASS Six-Factor Balancing Test in Trade Secret Cases: A Commentary on Heil Trailer International Co. v. Troxell Company

Ensuring Proper Application of the IN RE BASS Six-Factor Balancing Test in Trade Secret Cases: A Commentary on Heil Trailer International Co. v. Troxell Company

Date: Oct 17, 2013
Ensuring Proper Application of the IN RE BASS Six-Factor Balancing Test in Trade Secret Cases: A Commentary on Heil Trailer International Co. v. Troxell Company Introduction The case of Heil Trailer...
Enhancing Free Speech: 5th Circuit Rules Texas Election Code's Restrictions on Corporate Contributions Unconstitutional

Enhancing Free Speech: 5th Circuit Rules Texas Election Code's Restrictions on Corporate Contributions Unconstitutional

Date: Oct 17, 2013
Enhancing Free Speech: 5th Circuit Rules Texas Election Code's Restrictions on Corporate Contributions Unconstitutional Introduction The case Texans for Free Enterprise (TFE) v. Texas Ethics...
SettlePou v. Black: Fifth Circuit Clarifies Fluctuating Workweek Method in FLSA Misclassification Cases

SettlePou v. Black: Fifth Circuit Clarifies Fluctuating Workweek Method in FLSA Misclassification Cases

Date: Oct 12, 2013
SettlePou v. Black: Fifth Circuit Clarifies Fluctuating Workweek Method in FLSA Misclassification Cases Introduction In the landmark case of Betty Black, Plaintiff–Appellant v. SettlePou, P.C.,...
5th Circuit Upholds Qualified Immunity in Prison Strip Search Case: McCreary v. Richardson

5th Circuit Upholds Qualified Immunity in Prison Strip Search Case: McCreary v. Richardson

Date: Oct 10, 2013
5th Circuit Upholds Qualified Immunity in Prison Strip Search Case: McCreary v. Richardson Introduction In the case of James McCreary v. Jeffery Richardson, Captain, the United States Court of...
Federal Power Act Preempts State Tort Claims for Property Damage in FERC-Licensed Projects

Federal Power Act Preempts State Tort Claims for Property Damage in FERC-Licensed Projects

Date: Oct 10, 2013
Federal Power Act Preempts State Tort Claims for Property Damage in FERC-Licensed Projects Introduction In the landmark case of Jeff Simmons et al. v. Sabine River Authority et al., the United States...
Upholding §922(g)(1) and Sentencing Enhancement Under U.S.S.G. § 2K2.1(b)(6)(B): A Comprehensive Analysis of United States v. Alcantar

Upholding §922(g)(1) and Sentencing Enhancement Under U.S.S.G. § 2K2.1(b)(6)(B): A Comprehensive Analysis of United States v. Alcantar

Date: Oct 8, 2013
Upholding §922(g)(1) and Sentencing Enhancement Under U.S.S.G. § 2K2.1(b)(6)(B): A Comprehensive Analysis of United States v. Alcantar Introduction The case of United States of America v. Guadalupe...
Time-Barred Claims and Procedural Missteps: An Analysis of Carter v. Target Corporation

Time-Barred Claims and Procedural Missteps: An Analysis of Carter v. Target Corporation

Date: Oct 5, 2013
Time-Barred Claims and Procedural Missteps: An Analysis of Carter v. Target Corporation Introduction In the case of Barbara A. Carter v. Target Corporation (541 F. App'x 413), the United States Court...
Affirmation of Reasonable Suspicion and Bruton Doctrine in UNITED STATES v. BOOKER Powell (5th Cir. 2013)

Affirmation of Reasonable Suspicion and Bruton Doctrine in UNITED STATES v. BOOKER Powell (5th Cir. 2013)

Date: Oct 4, 2013
Affirmation of Reasonable Suspicion and the Bruton Doctrine in UNITED STATES v. BOOKER Powell (5th Cir. 2013) Introduction The case United States of America v. Booker Anderson–Jay Powell; April Marie...
Fifth Circuit Upholds Texas Voter Registration Regulations: Implications for First Amendment and NVRA

Fifth Circuit Upholds Texas Voter Registration Regulations: Implications for First Amendment and NVRA

Date: Oct 4, 2013
Fifth Circuit Upholds Texas Voter Registration Regulations: Implications for First Amendment and NVRA Introduction The case of Voting for America, Inc. et al. v. John Steen (732 F.3d 382, 5th Cir....
Boh Brothers Construction: Establishing Precedent for Same-Sex Harassment Claims Based on Gender Stereotyping

Boh Brothers Construction: Establishing Precedent for Same-Sex Harassment Claims Based on Gender Stereotyping

Date: Sep 28, 2013
Boh Brothers Construction: Establishing Precedent for Same-Sex Harassment Claims Based on Gender Stereotyping Introduction In Equal Employment Opportunity Commission v. Boh Brothers Construction...
No Prima Facie Case of Age Discrimination: Affirming Apple's Summary Judgment in Maestas v. Apple, Inc.

No Prima Facie Case of Age Discrimination: Affirming Apple's Summary Judgment in Maestas v. Apple, Inc.

Date: Sep 28, 2013
No Prima Facie Case of Age Discrimination: Affirming Apple's Summary Judgment in Maestas v. Apple, Inc. Introduction In the case of Rodney Maestas v. Apple, Incorporated (546 F. App'x 422, 2013), the...
FMLA Retaliation and Mixed-Motive Analysis: Chevron USA Inc. v. Todd W. Ion - A Comprehensive Commentary

FMLA Retaliation and Mixed-Motive Analysis: Chevron USA Inc. v. Todd W. Ion - A Comprehensive Commentary

Date: Sep 27, 2013
FMLA Retaliation and Mixed-Motive Analysis: Chevron USA Inc. v. Todd W. Ion - A Comprehensive Commentary Introduction The case of Todd W. Ion v. Chevron USA, Incorporated (731 F.3d 379) adjudicated...
Enhanced Standards for Age Discrimination Claims in Federal Employment Under the ADEA

Enhanced Standards for Age Discrimination Claims in Federal Employment Under the ADEA

Date: Sep 27, 2013
Enhanced Standards for Age Discrimination Claims in Federal Employment Under the ADEA Introduction In the landmark case George Leal and John M. Lozano v. John McHugh, Secretary, Department of the...
Rule 60(b)(6) Relief Standards Affirmed in Diaz v. Stephens: Changes in Habeas Law Insufficient to Establish Extraordinary Circumstances

Rule 60(b)(6) Relief Standards Affirmed in Diaz v. Stephens: Changes in Habeas Law Insufficient to Establish Extraordinary Circumstances

Date: Sep 26, 2013
Rule 60(b)(6) Relief Standards Affirmed in Diaz v. Stephens: Changes in Habeas Law Insufficient to Establish Extraordinary Circumstances Introduction Arturo Diaz, a petitioner facing the death...
Herman v. Cataphora: Clarifying Personal Jurisdiction in Defamation Litigation

Herman v. Cataphora: Clarifying Personal Jurisdiction in Defamation Litigation

Date: Sep 18, 2013
Herman v. Cataphora: Clarifying Personal Jurisdiction in Defamation Litigation Introduction The case of Russ M. Herman and Arnold Levin v. Cataphora, Incorporated addresses critical issues...
Exclusive Remedy under Texas Workers' Compensation Act Affirmed for Government Contractors in Willoughby v. United States

Exclusive Remedy under Texas Workers' Compensation Act Affirmed for Government Contractors in Willoughby v. United States

Date: Sep 18, 2013
Exclusive Remedy under Texas Workers' Compensation Act Affirmed for Government Contractors in Willoughby v. United States Introduction In John E. Willoughby; Wendy Willoughby v. United States of...
Redefining Reasonable Accommodations: ADA Does Not Mandate Link to Essential Job Functions – Feist v. State of Louisiana

Redefining Reasonable Accommodations: ADA Does Not Mandate Link to Essential Job Functions – Feist v. State of Louisiana

Date: Sep 17, 2013
Redefining Reasonable Accommodations: ADA Does Not Mandate Link to Essential Job Functions – Feist v. State of Louisiana Introduction In Feist v. State of Louisiana, decided by the United States...
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