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  • Commentaries
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5th Circuit Case Commentaries

Discretionary Function Exception Affirmed: Spotts v. United States and Its Implications on FTCA Claims

Discretionary Function Exception Affirmed: Spotts v. United States and Its Implications on FTCA Claims

Date: Jul 31, 2010
Discretionary Function Exception Affirmed: Spotts v. United States and Its Implications on FTCA Claims Introduction In the landmark case Spotts v. United States, 613 F.3d 559 (5th Cir. 2010), a group...
Affirmation of Summary Judgment in Valle v. City of Houston: Narrow Scope of Municipal Liability under 42 U.S.C. § 1983

Affirmation of Summary Judgment in Valle v. City of Houston: Narrow Scope of Municipal Liability under 42 U.S.C. § 1983

Date: Jul 31, 2010
Affirmation of Summary Judgment in Valle v. City of Houston: Narrow Scope of Municipal Liability under 42 U.S.C. § 1983 Introduction In the case of Jose Valle, Indi v. City of Houston, the United...
Affirmation of "Other Insurance" Clause and One Satisfaction Rule in Environmental Liability Claims

Affirmation of "Other Insurance" Clause and One Satisfaction Rule in Environmental Liability Claims

Date: Jul 27, 2010
Affirmation of "Other Insurance" Clause and One Satisfaction Rule in Environmental Liability Claims Introduction The case of RSR Corporation, Quemetco, Inc., Quemetco Metals Limited, Inc. f/k/a Murph...
Affirming State Regulatory Authority: Fifth Circuit Upholds Texas Three-Tier Alcohol Distribution System in Wine Country v. Rages More

Affirming State Regulatory Authority: Fifth Circuit Upholds Texas Three-Tier Alcohol Distribution System in Wine Country v. Rages More

Date: Jul 23, 2010
Affirming State Regulatory Authority: Fifth Circuit Upholds Texas Three-Tier Alcohol Distribution System in Wine Country v. Rages More Introduction Wine Country Gift Baskets.com; KL Wine Merchants;...
Fourth Amendment Standing and Reasonable Suspicion in Passenger Traffic Stops: An In-depth Commentary on United States v. Ke (612 F.3d 341)

Fourth Amendment Standing and Reasonable Suspicion in Passenger Traffic Stops: An In-depth Commentary on United States v. Ke (612 F.3d 341)

Date: Jul 16, 2010
Fourth Amendment Standing and Reasonable Suspicion in Passenger Traffic Stops: An In-depth Commentary on United States v. Ke (612 F.3d 341) Introduction United States v. Ke (612 F.3d 341) stands as a...
Fifth Circuit Rules Contractual Subrogation Available Despite Full Indemnification in Amerisure v. Navigators

Fifth Circuit Rules Contractual Subrogation Available Despite Full Indemnification in Amerisure v. Navigators

Date: Jul 14, 2010
Fifth Circuit Rules Contractual Subrogation Available Despite Full Indemnification in Amerisure Insurance Co. v. Navigators Insurance Co. Introduction The case of Amerisure Insurance Co.,...
Age Discrimination in Hiring: The Moss v. BMC Software Precedent

Age Discrimination in Hiring: The Moss v. BMC Software Precedent

Date: Jul 3, 2010
Age Discrimination in Hiring: The Moss v. BMC Software Precedent Introduction The landmark case of Michael Moss v. BMC Software, Inc. addressed critical issues pertaining to age discrimination in the...
Clarifying Specific Intent in Money Laundering Convictions: United States v. Trejo (5th Cir. 2010)

Clarifying Specific Intent in Money Laundering Convictions: United States v. Trejo (5th Cir. 2010)

Date: Jun 29, 2010
Clarifying Specific Intent in Money Laundering Convictions: United States v. Trejo (5th Cir. 2010) Introduction United States v. Noe Trejo, decided by the United States Court of Appeals for the Fifth...
Specific Intent Requirement in CEA Manipulation Claims: Gracey v. Energy Transfer Partners

Specific Intent Requirement in CEA Manipulation Claims: Gracey v. Energy Transfer Partners

Date: Jun 24, 2010
Specific Intent Requirement in CEA Manipulation Claims: Gracey v. Energy Transfer Partners Introduction The case of Richard Hershey and Roberto E. Calle Gracey v. Energy Transfer Partners, L.P....
5th Circuit Reaffirms ADA’s Disability Threshold Considering Mitigating Measures in Employment Termination

5th Circuit Reaffirms ADA’s Disability Threshold Considering Mitigating Measures in Employment Termination

Date: Jun 23, 2010
5th Circuit Reaffirms ADA’s Disability Threshold Considering Mitigating Measures in Employment Termination Introduction The case of Don A. Kemp v. Eric H. Holder, Jr., United States Department of...
Woodfox v. Cain: Upholding AEDPA’s Deference and Exhaustion Requirements in Ineffective Assistance Claims

Woodfox v. Cain: Upholding AEDPA’s Deference and Exhaustion Requirements in Ineffective Assistance Claims

Date: Jun 22, 2010
Woodfox v. Cain: Upholding AEDPA’s Deference and Exhaustion Requirements in Ineffective Assistance Claims In the landmark case of Albert Woodfox v. Burl Cain, decided by the United States Court of...
Clarifying the Business Practices Exception: Fifth Circuit Upholds Predicate Felony in U.S. v. Coleman

Clarifying the Business Practices Exception: Fifth Circuit Upholds Predicate Felony in U.S. v. Coleman

Date: Jun 17, 2010
Clarifying the Business Practices Exception: Fifth Circuit Upholds Predicate Felony in U.S. v. Coleman Introduction United States v. James Ray Coleman, 609 F.3d 699 (5th Cir. 2010), presents a...
Limiting the Debtor's Right to Dismiss Under §1307(b) in Bankruptcy Proceedings

Limiting the Debtor's Right to Dismiss Under §1307(b) in Bankruptcy Proceedings

Date: Jun 17, 2010
Limiting the Debtor's Right to Dismiss Under §1307(b) in Bankruptcy Proceedings Introduction In the case of In re Robert Edwin Jacobsen, decided by the United States Court of Appeals for the Fifth...
Bailey v. Shell: Clarifying Jurisdictional Limits and Dismissal Requirements under the False Claims Act

Bailey v. Shell: Clarifying Jurisdictional Limits and Dismissal Requirements under the False Claims Act

Date: Jun 17, 2010
Bailey v. Shell: Clarifying Jurisdictional Limits and Dismissal Requirements under the False Claims Act Introduction Bailey v. Shell Western EP, Inc. is a pivotal case adjudicated by the United...
Cadle Company v. Moore: Precedent on Trustee's Authority to Sell Bankruptcy Estate Claims

Cadle Company v. Moore: Precedent on Trustee's Authority to Sell Bankruptcy Estate Claims

Date: Jun 3, 2010
Cadle Company v. Moore: Precedent on Trustee's Authority to Sell Bankruptcy Estate Claims Introduction Cadle Company, the principal creditor of the bankruptcy estate of James H. Moore, III, appealed...
Star Symbol Fails Inherent Distinctiveness Test in Service Mark Infringement: Trade Dress Claims Remanded

Star Symbol Fails Inherent Distinctiveness Test in Service Mark Infringement: Trade Dress Claims Remanded

Date: Jun 3, 2010
Star Symbol Fails Inherent Distinctiveness Test in Service Mark Infringement: Trade Dress Claims Remanded Introduction In the case of Amazing Spaces, Inc. v. Metro Mini Storage; Landmark Interest...
State Action Requirement in Eighth Amendment Medical Care Claims: Insights from Loosier v. Unknown Medical Professionals

State Action Requirement in Eighth Amendment Medical Care Claims: Insights from Loosier v. Unknown Medical Professionals

Date: Jun 2, 2010
State Action Requirement in Eighth Amendment Medical Care Claims: Insights from Loosier v. Unknown Medical Professionals Introduction The case of Donald Loosier versus Unknown Medical Doctor, Unknown...
Inclusion of Per Diem Allowances in Regular Rate for FLSA Overtime Calculations: Gagnon v. United Technisource

Inclusion of Per Diem Allowances in Regular Rate for FLSA Overtime Calculations: Gagnon v. United Technisource

Date: May 28, 2010
Inclusion of Per Diem Allowances in Regular Rate for FLSA Overtime Calculations: Gagnon v. United Technisource Introduction Gagnon v. United Technisource, Inc.; AIS Tech Services, Inc. is a pivotal...
Yu v. Ran: Establishing Precedent for Chapter 15 Bankruptcy Recognition

Yu v. Ran: Establishing Precedent for Chapter 15 Bankruptcy Recognition

Date: May 28, 2010
Yu v. Ran: Establishing Precedent for Chapter 15 Bankruptcy Recognition Introduction The case of Yu v. Ran, Debtor. Zuriel Lavie (607 F.3d 1017) adjudicated by the United States Court of Appeals for...
Affirmation of Dismissal for Failure to State a Claim in Fraud and Veil-Piercing Litigation

Affirmation of Dismissal for Failure to State a Claim in Fraud and Veil-Piercing Litigation

Date: May 28, 2010
Affirmation of Dismissal for Failure to State a Claim in Fraud and Veil-Piercing Litigation Introduction The case of Shandong Yinguang Chemical Industries Joint Stock Company, Ltd.,...
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