5th Circuit Case Commentaries

CROSBY v. LOUISIANA HEALTH SERVICE and Indemnity Company: Expanding Discovery in ERISA Claims

Date: Jul 20, 2011

CROSBY v. LOUISIANA HEALTH SERVICE and Indemnity Company: Expanding Discovery in ERISA Claims Introduction CROSBY v. LOUISIANA HEALTH SERVICE and Indemnity Company is a significant appellate decision...

Substantial Evidence and Residual Functional Capacity Evaluation in Disability Claims: Giles v. Astrue

Date: Jul 19, 2011

Substantial Evidence and Residual Functional Capacity Evaluation in Disability Claims: Giles v. Astrue 1. Introduction The case of Bonnie Giles v. Michael J. Astrue, Commissioner of Social Security...

Clarifying Title IX Standards for Student Harassment: Sanches v. Carrollton-Farmers Branch ISD

Date: Jul 14, 2011

Clarifying Title IX Standards for Student Harassment: Sanches v. Carrollton-Farmers Branch ISD Introduction Samantha Sanches appealed a summary judgment decision by the United States District Court...

Affirmation of Upward Sentence Deviations in Controlled Substance Fraud: United States v. McElwee

Date: Jul 13, 2011

Affirmation of Upward Sentence Deviations in Controlled Substance Fraud: United States v. McElwee Introduction United States of America v. Tandy W. McElwee, Jr.; Ava Cates McElwee, and Wendy Kathleen...

Interpretation and Enforceability of 'Best Efforts' Clauses under Texas Law: Insights from Ehringer v. McData

Date: Jul 12, 2011

Interpretation and Enforceability of 'Best Efforts' Clauses under Texas Law: Insights from Ehringer v. McData Introduction The case of Kevin M. Ehringer Enterprises, Inc., doing business as Data...

Pamlab v. Black: Affirming Damages Caps and Remand for Back Pay Recalculation

Date: Jul 12, 2011

Pamlab v. Black: Affirming Damages Caps and Remand for Back Pay Recalculation Introduction In Pamlab, L.L.C.; Pamlab, L.L.C. v. Carleen Black, 646 F.3d 254 (5th Cir. 2011), the United States Court of...

Defining the Scope of Plain-Error Review in Sentencing Enhancements: Insights from United States v. Muyaba and Mudekunye

Date: Jul 12, 2011

Defining the Scope of Plain-Error Review in Sentencing Enhancements: Insights from United States v. Muyaba and Mudekunye Introduction In the case of United States of America, Plaintiff-Appellee, v....

Affirmation of Sentence Modification Denial in Drug Distribution Case Under 18 U.S.C. § 3582(c)(2)

Date: Jun 29, 2011

Affirmation of Sentence Modification Denial in Drug Distribution Case Under 18 U.S.C. § 3582(c)(2) Introduction In the appellate case United States of America v. Jason Hernandez, 645 F.3d 709 (5th...

Fifth Circuit Limits Habeas Relief Under AEDPA: Upholding Strict Standards for Ineffective Assistance of Counsel

Date: Jun 24, 2011

Fifth Circuit Limits Habeas Relief Under AEDPA: Upholding Strict Standards for Ineffective Assistance of Counsel Introduction In the landmark case Steven Jeffrey Pape v. Rick Thaler, adjudicated by...

Qualification Requirements in Pregnancy and Disability Discrimination Claims: Appel v. Inspire Pharmaceuticals

Date: Jun 8, 2011

Qualification Requirements in Pregnancy and Disability Discrimination Claims: Appel v. Inspire Pharmaceuticals Introduction The case of Heather Appel versus Inspire Pharmaceuticals, Inc. revolves...

Clarifying State Sovereign Immunity in ADA Title II Claims: HALE v. KING

Date: May 27, 2011

Clarifying State Sovereign Immunity in ADA Title II Claims: HALE v. KING Introduction In the landmark case HALE v. KING, decided by the United States Court of Appeals for the Fifth Circuit on May 26,...

Enforcement of Settlement Releases and the Burden of Proving Fraud in Summary Judgment: Tyler v. Cedar Hill ISD

Date: May 24, 2011

Enforcement of Settlement Releases and the Burden of Proving Fraud in Summary Judgment: Tyler v. Cedar Hill ISD Introduction In the case of Mary Tyler v. Cedar Hill Independent School District...

Affirmation of Jury Selection Process and Due Process Rights in Puckett v. Epps

Date: May 20, 2011

Affirmation of Jury Selection Process and Due Process Rights in Puckett v. Epps Introduction Puckett v. Epps is a significant appellate case decided by the United States Court of Appeals for the...

Enochs v. Lampasas County: Redefining Supplemental Jurisdiction and Remand Standards for Pendent State Law Claims

Date: May 18, 2011

Enochs v. Lampasas County: Redefining Supplemental Jurisdiction and Remand Standards for Pendent State Law Claims Introduction The appellate decision in Clarence Enochs v. Lampasas County, 641 F.3d...

Maddox v. Townsend Sons: Establishing Boundaries in Premises Liability

Date: Apr 19, 2011

Maddox v. Townsend Sons: Establishing Boundaries in Premises Liability Introduction Maddox v. Townsend and Sons, Inc. is a pivotal case that redefines the parameters of premises liability within...

Non-Dischargeability of Debts Under Section 523(a)(4) in Fiduciary Misconduct: Insights from IN RE HARWOOD

Date: Apr 6, 2011

Non-Dischargeability of Debts Under Section 523(a)(4) in Fiduciary Misconduct: Insights from IN RE HARWOOD Introduction In the appellate case In the Matter of Da v. d S. Harwood, Debtor. FNFS, Ltd.;...

Strict Adherence to AEDPA's Statute of Limitations: Limitations on Equitable Tolling in Michael A. Krause v. Thaler

Date: Apr 5, 2011

Strict Adherence to AEDPA's Statute of Limitations: Limitations on Equitable Tolling in Michael A. Krause v. Thaler Introduction The case of Michael Alvin Krause v. Rick Thaler, decided by the United...

Affirmation of Non-Guidelines Sentencing in United States v. Rhine: Implications for Sentencing Discretion

Date: Mar 31, 2011

Affirmation of Non-Guidelines Sentencing in United States v. Rhine: Implications for Sentencing Discretion Introduction United States of America v. Curtis Oneal Rhine, 637 F.3d 525 (5th Cir. 2011),...

5th Circuit Affirms Legitimate RIF Reason in Employment Discrimination Case

Date: Mar 29, 2011

5th Circuit Affirms Legitimate Reduction-in-Force Reason in Employment Discrimination Case Introduction In the case of Kathryn Baumsteiger v. AIG Global Investment Corporation, the United States...

Fifth Circuit Establishes Duty to Reevaluate §3553(a) Factors in §3582(c)(2) Sentencing Reduction Motions

Date: Mar 25, 2011

Fifth Circuit Establishes Duty to Reevaluate §3553(a) Factors in §3582(c)(2) Sentencing Reduction Motions Introduction In the consolidated appeals of United States of America, Plaintiff-Appellee, v....

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