Failure to Mitigate is Not a Complete Defense to Statutory Damages under the Copyright Act and DMCA Introduction The appellate case of Energy Intelligence Group, Incorporated; Energy Intelligence...
5th Circuit Clarifies Standards for Delisting Petitions Under the Endangered Species Act Introduction In the landmark case General Land Office of the State of Texas v. United States Department of the...
Ratliff v. Aransas County: Upholding Qualified Immunity and Monell Standards in Excessive Force Claims Introduction Ratliff v. Aransas County is a pivotal case adjudicated by the United States Court...
Enforcing Arbitration Agreements: Fifth Circuit Upholds Look-Through Jurisdiction Under FAA Introduction In the landmark case of Nicole J. Quezada v. Bechtel OG&C Construction Services, Incorporated,...
Fifth Circuit Affirms FLSA Employee Classification for Pipe Welders under Economic Realities Test Introduction In the case of Joseph Hobbs, Indi v. Dually and On Behalf Of All Others Similarly...
Affirmation of Sovereign Immunity under the Discretionary Function Exception: Joiner v. United States Introduction In Bruce Joiner v. United States of America, 955 F.3d 399 (5th Cir. 2020), the...
Affirmation of Employer's Right to Offer Reasonable Accommodations in Religious Discrimination Claims Introduction In the case of Brett Horvath, Plaintiff - Appellant v. City of Leander, Texas; Bill...
section 412 of the Copyright Act Bars Statutory Damages for Multi-Phase Infringements: Southern Credentialing Support Services v. Hammond Surgical Hospital Introduction The case of Southern...
Flecha v. Medicredit: Enhanced Scrutiny for Class Certification under Rule 23 in FDCPA Litigation Introduction In the case of Nina Flecha, on behalf of herself and all others similarly situated v....
Affirmation of Arbitration Award: Jurisdiction under the New York Convention and the Scope of Equitable Relief Introduction In the landmark case Soaring Wind Energy, L.L.C. et al. v. CATIC USA...
Reversal of Summary Judgment on ADA Accommodation Claims in Correctional Facilities: Cadena v. El Paso County Introduction In the landmark case of April Cadena v. El Paso County, 946 F.3d 717 (5th...
Affirmation of Revocation Sentence Despite Improper Reliance on Bare Allegations Introduction The case of United States of America v. Anthony Ray Foley, 946 F.3d 681 (5th Cir. 2020), presents a...
Standing in First Amendment Challenges to Monument Removal: An Analysis of McMahon v. Fenves Introduction The case of McMahon v. Fenves consolidated with Brewer v. Nirenberg represents a significant...
Affirmation of Qualified Immunity in Eighth and First Amendment Claims: Petzold v. Rostollan Introduction Petzold v. Rostollan (946 F.3d 242) is a pivotal case decided by the United States Court of...
Negligent Leadership of Public Protests: Establishing Organizer Liability for Resulting Violence Introduction The case of Officer John Doe v. DeRay McKesson; Black Lives Matter; Black Lives Matter...
Resentencing Discretion under the First Step Act: Analysis of United States v. Jackson Introduction The case United States of America v. Odis Lee Jackson, 945 F.3d 315 (5th Cir. 2019), addresses...
Williams v. BP: Upholding Strict Enforcement of Federal Rules for Expert Testimony and Disclosure Introduction The case of Benjamin James Williams v. BP Exploration & Production, Inc., et al. was...
EX PARTE YOUNG Exception Clarified in City of Austin v. Paxton: Strengthening Sovereign Immunity Protections Introduction In the litigation titled City of Austin, Plaintiff-Appellee v. Ken Paxton,...
Denial of Venue Transfer in Patent Infringement Case: QUEST NETTECH Corporation v. Apple, Inc. Establishes Guidelines Under 28 U.S.C. § 1404(a) Introduction In the case of Quest NetTech Corporation...
Exhaustion of Insurer's Duty to Defend via 'Covenant Not to Execute': Fifth Circuit Affirms Under Texas and Louisiana Law Introduction The case of Aggreko, L.L.C. v. Chartis Specialty Insurance...