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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

Stored Communications Act Does Not Protect Data on Personal Cell Phones: Insights from Fannie Garcia v. City of Laredo

Stored Communications Act Does Not Protect Data on Personal Cell Phones: Insights from Fannie Garcia v. City of Laredo

Date: Dec 13, 2012
Stored Communications Act Does Not Protect Data on Personal Cell Phones: Insights from Fannie Garcia v. City of Laredo Introduction In the case of Fannie Garcia v. City of Laredo, the United States...
Reliability of Prior Arrest Records in Sentencing: Analysis of United States v. Harris

Reliability of Prior Arrest Records in Sentencing: Analysis of United States v. Harris

Date: Dec 11, 2012
Reliability of Prior Arrest Records in Sentencing: Analysis of United States v. Harris Introduction The case of United States of America v. Nicholas Harris (702 F.3d 226) adjudicated by the United...
Affirmation of Summary Judgment in Negligent Hiring Claims: Miller Environmental Group, Inc. v. Keen

Affirmation of Summary Judgment in Negligent Hiring Claims: Miller Environmental Group, Inc. v. Keen

Date: Dec 11, 2012
Affirmation of Summary Judgment in Negligent Hiring Claims: Miller Environmental Group, Inc. v. Keen Introduction The case Deborah Keen v. Miller Environmental Group, Inc.; Aerotek, Inc. revolves...
Reed v. Neopost USA: Affirming 'Motivating Factor' Standard in TCHRA Age Discrimination Claims

Reed v. Neopost USA: Affirming 'Motivating Factor' Standard in TCHRA Age Discrimination Claims

Date: Nov 14, 2012
Reed v. Neopost USA: Affirming 'Motivating Factor' Standard in TCHRA Age Discrimination Claims Introduction Reed v. Neopost USA, Inc., 701 F.3d 434 (5th Cir. 2012), is a pivotal case addressing age...
Affirmation of Health Care Fraud Conspiracy Convictions: Insights on 'Position of Trust' Enhancement and Restitution Determinations

Affirmation of Health Care Fraud Conspiracy Convictions: Insights on 'Position of Trust' Enhancement and Restitution Determinations

Date: Nov 3, 2012
Affirmation of Health Care Fraud Conspiracy Convictions: Insights on 'Position of Trust' Enhancement and Restitution Determinations Introduction The case of UNITED STATES of America,...
Fifth Circuit Upholds Sentencing Enhancement for Conspiracy to Commit Federal Drug Trafficking Under U.S.S.G. § 2L1.2(b)(1)(A)(i)

Fifth Circuit Upholds Sentencing Enhancement for Conspiracy to Commit Federal Drug Trafficking Under U.S.S.G. § 2L1.2(b)(1)(A)(i)

Date: Nov 2, 2012
Fifth Circuit Upholds Sentencing Enhancement for Conspiracy to Commit Federal Drug Trafficking Under U.S.S.G. § 2L1.2(b)(1)(A)(i) Introduction The case UNITED STATES of America v. Jesus...
Domain Name Regulation as Commercial Speech: 5th Circuit Applies Central Hudson Test

Domain Name Regulation as Commercial Speech: 5th Circuit Applies Central Hudson Test

Date: Oct 31, 2012
Domain Name Regulation as Commercial Speech: 5th Circuit Applies Central Hudson Test Introduction In the case of John E. Gibson v. Texas Department of Insurance, the United States Court of Appeals...
Preemption of State-Law Failure-to-Warn Claims Against Generic Drug Manufacturers: Demahy v. Schwarz Pharma, Inc.

Preemption of State-Law Failure-to-Warn Claims Against Generic Drug Manufacturers: Demahy v. Schwarz Pharma, Inc.

Date: Oct 26, 2012
Preemption of State-Law Failure-to-Warn Claims Against Generic Drug Manufacturers: Demahy v. Schwarz Pharma, Inc. Introduction Demahy v. Schwarz Pharma, Inc. is a pivotal case in the realm of...
Second Amendment Upholds Federal Age Restrictions on Handgun Sales: NRA v. ATF (5th Cir. 2012)

Second Amendment Upholds Federal Age Restrictions on Handgun Sales: NRA v. ATF (5th Cir. 2012)

Date: Oct 26, 2012
Second Amendment Upholds Federal Age Restrictions on Handgun Sales: NRA v. ATF (5th Cir. 2012) Introduction In the case of National Rifle Association of America, Inc.; Andrew M. Payne; Rebekah...
Establishing the Boundaries of the Ministerial Exception: Cannata v. Catholic Diocese of Austin

Establishing the Boundaries of the Ministerial Exception: Cannata v. Catholic Diocese of Austin

Date: Oct 25, 2012
Establishing the Boundaries of the Ministerial Exception: Cannata v. Catholic Diocese of Austin Introduction In the landmark case of Philip Cannata v. Catholic Diocese of Austin; St. John Neumann...
5th Circuit Establishes Criteria for Additional Insured Coverage under Purchase Agreements

5th Circuit Establishes Criteria for Additional Insured Coverage under Purchase Agreements

Date: Oct 20, 2012
5th Circuit Establishes Criteria for Additional Insured Coverage under Purchase Agreements Introduction In the case of ACE American Insurance Co. v. Freeport Welding & Fabricating, Inc., the United...
Exclusive Remedies and Physical Damage Requirements Under the Louisiana New Home Warranty Act: The GINES v. D.R. Horton Decision

Exclusive Remedies and Physical Damage Requirements Under the Louisiana New Home Warranty Act: The GINES v. D.R. Horton Decision

Date: Oct 18, 2012
Exclusive Remedies and Physical Damage Requirements Under the Louisiana New Home Warranty Act: The GINES v. D.R. Horton Decision Introduction The case of Mike GINES, Individually and on Behalf of All...
RLUIPA Protections Reinforced: Opulent Life Church v. City of Holly Springs

RLUIPA Protections Reinforced: Opulent Life Church v. City of Holly Springs

Date: Sep 28, 2012
RLUIPA Protections Reinforced: Opulent Life Church v. City of Holly Springs Introduction In the landmark case of Opulent Life Church; Telsa DeBerry v. City of Holly Springs, Mississippi, 697 F.3d 279...
Feldman v. Thaler: Upholding Deferential Standards in Denial of Certificate of Appealability for Capital Murder Habeas Claims

Feldman v. Thaler: Upholding Deferential Standards in Denial of Certificate of Appealability for Capital Murder Habeas Claims

Date: Sep 15, 2012
Feldman v. Thaler: Upholding Deferential Standards in Denial of Certificate of Appealability for Capital Murder Habeas Claims Introduction Feldman v. Thaler is a pivotal case adjudicated by the...
Affirmation of Rule 23(b)(2) Class Certification for Injunctive Relief in Bankruptcy Cases

Affirmation of Rule 23(b)(2) Class Certification for Injunctive Relief in Bankruptcy Cases

Date: Sep 15, 2012
Affirmation of Rule 23(b)(2) Class Certification for Injunctive Relief in Bankruptcy Cases Introduction In the appellate case In the Matter of Ydalia Rodriguez, Debtor, et al. v. Countrywide Home...
Fifth Circuit Affirms Discretionary Supervised Release for Deportable Aliens Under U.S.S.G. §5D1.1(c) in Dominguez–Alvarado v. USA

Fifth Circuit Affirms Discretionary Supervised Release for Deportable Aliens Under U.S.S.G. §5D1.1(c) in Dominguez–Alvarado v. USA

Date: Sep 13, 2012
Fifth Circuit Affirms Discretionary Supervised Release for Deportable Aliens Under U.S.S.G. §5D1.1(c) in Dominguez–Alvarado v. USA Introduction In the case of United States of America v. Pablo...
Implied Nonexclusive Licenses in Copyright Disputes: Baisden v. I'm Ready Productions

Implied Nonexclusive Licenses in Copyright Disputes: Baisden v. I'm Ready Productions

Date: Sep 1, 2012
Implied Nonexclusive Licenses in Copyright Disputes: Baisden v. I'm Ready Productions Introduction In Michael Baisden v. I'm Ready Productions, Inc., 693 F.3d 491 (5th Cir. 2012), the United States...
Reaffirming Procedural Sufficiency in Disability Claims: Insights from Jones v. Astrue

Reaffirming Procedural Sufficiency in Disability Claims: Insights from Jones v. Astrue

Date: Aug 21, 2012
Reaffirming Procedural Sufficiency in Disability Claims: Insights from Jones v. Astrue Introduction In the landmark case of Joyce Darlene Jones v. Michael J. Astrue, decided on August 20, 2012, the...
Affirmation of Daubert-Admissible Expert Testimony and Strict Liability under the Louisiana Products Liability Act

Affirmation of Daubert-Admissible Expert Testimony and Strict Liability under the Louisiana Products Liability Act

Date: Aug 18, 2012
Affirmation of Daubert-Admissible Expert Testimony and Strict Liability under the Louisiana Products Liability Act Introduction The case of Monique Roman, Administratrix of the Succession of Dorel...
Affirmation of Ripeness Doctrine's Strict Hardship Requirement in Pre-Enforcement Abortion Clinic Licensing Challenges

Affirmation of Ripeness Doctrine's Strict Hardship Requirement in Pre-Enforcement Abortion Clinic Licensing Challenges

Date: Aug 18, 2012
Affirmation of Ripeness Doctrine's Strict Hardship Requirement in Pre-Enforcement Abortion Clinic Licensing Challenges Introduction In the landmark case CHOICE INCORPORATED OF TEXAS v. Bruce D....
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