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  • Commentaries
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5th Circuit Case Commentaries

Affirmation of Dismissal in ERISA Claims: Rosenblatt v. United Way

Affirmation of Dismissal in ERISA Claims: Rosenblatt v. United Way

Date: May 22, 2010
Affirmation of Dismissal in ERISA Claims: Rosenblatt v. United Way Introduction In the landmark case of Stanley Rosenblatt v. United Way of Greater Houston, 607 F.3d 413 (5th Cir. 2010), the United...
Enhancing Due Process Protections for Parolees Subjected to Sex Offender Conditions: MEZA v. LIVINGSTON

Enhancing Due Process Protections for Parolees Subjected to Sex Offender Conditions: MEZA v. LIVINGSTON

Date: May 21, 2010
Enhancing Due Process Protections for Parolees Subjected to Sex Offender Conditions: MEZA v. LIVINGSTON Introduction In Raul MEZA v. LIVINGSTON, 607 F.3d 392 (5th Cir. 2010), the United States Court...
5th Circuit Validates Late Amendments and Lost Profits Claims in Breach of Fiduciary Duty Case

5th Circuit Validates Late Amendments and Lost Profits Claims in Breach of Fiduciary Duty Case

Date: May 18, 2010
5th Circuit Validates Late Amendments and Lost Profits Claims in Breach of Fiduciary Duty Case Introduction In the case of MEAUX SURFACE PROTECTION, INC. v. Mike Fogleman; CleanBlast, LLC; Charlie...
Establishing Abuse of a Position of Trust in Health Care Fraud: Insights from UNITED STATES v. Brenda Davis Miller

Establishing Abuse of a Position of Trust in Health Care Fraud: Insights from UNITED STATES v. Brenda Davis Miller

Date: May 13, 2010
Establishing Abuse of a Position of Trust in Health Care Fraud: Insights from UNITED STATES v. Brenda Davis Miller Introduction In the case of UNITED STATES of America, Plaintiff-Appellee, v. Brenda...
Authority of District Courts to Impose Consecutive Federal Sentences to Undischarged State Sentences

Authority of District Courts to Impose Consecutive Federal Sentences to Undischarged State Sentences

Date: May 12, 2010
Authority of District Courts to Impose Consecutive Federal Sentences to Undischarged State Sentences Introduction In the case of United States of America v. Monroe Ace Setser, 607 F.3d 128 (5th Cir....
Binding Nature of Plea Agreements in Sentencing Reductions: Analysis of United States v. Garcia

Binding Nature of Plea Agreements in Sentencing Reductions: Analysis of United States v. Garcia

Date: May 8, 2010
Binding Nature of Plea Agreements in Sentencing Reductions: Analysis of United States v. Garcia Introduction United States of America v. Marco A. Garcia, 606 F.3d 209 (5th Cir. 2010), is a pivotal...
Affirmation of Qualified Immunity in Traffic Stop Arrest Cases: Lockett v. New Orleans City

Affirmation of Qualified Immunity in Traffic Stop Arrest Cases: Lockett v. New Orleans City

Date: May 6, 2010
Affirmation of Qualified Immunity in Traffic Stop Arrest Cases: Lockett v. New Orleans City Introduction Shawn M. Lockett and Melanie C. Lockett v. New Orleans City and Others is a pivotal appellate...
Limits of Supplemental Jurisdiction in Removal: Halmekangas v. ANPAC Louisiana Insurance Company

Limits of Supplemental Jurisdiction in Removal: Halmekangas v. ANPAC Louisiana Insurance Company

Date: Apr 10, 2010
Limits of Supplemental Jurisdiction in Removal: Halmekangas v. ANPAC Louisiana Insurance Company Introduction In the landmark case of Stephen J. Halmekangas, Plaintiff-Appellant, v. ANPAC Louisiana...
Determining Foreign Citizenship of Foreign Legal Entities: The Berik Stiftung Decision

Determining Foreign Citizenship of Foreign Legal Entities: The Berik Stiftung Decision

Date: Apr 10, 2010
Determining Foreign Citizenship of Foreign Legal Entities: The Berik Stiftung Decision Introduction The case of Berik Stiftung, Plaintiff-Appellant, v. Plains Marketing, L.P.; Plains Marketing...
Establishing Reasonable Accommodation Standards for Religious Expression in Public Employment: Moore v. Metropolitan Human Service District

Establishing Reasonable Accommodation Standards for Religious Expression in Public Employment: Moore v. Metropolitan Human Service District

Date: Apr 8, 2010
Establishing Reasonable Accommodation Standards for Religious Expression in Public Employment: Moore v. Metropolitan Human Service District Introduction Beulah M. Moore v. Metropolitan Human Service...
Affirmation of ESA §7 Compliance in Granting Rail Construction Exemption: MCEAA v. Surface Transportation Board

Affirmation of ESA §7 Compliance in Granting Rail Construction Exemption: MCEAA v. Surface Transportation Board

Date: Apr 7, 2010
Affirmation of ESA §7 Compliance in Granting Rail Construction Exemption: MCEAA v. Surface Transportation Board 1. Introduction The case of Medina County Environmental Action Association (MCEAA) v....
Impact of Incorrect Advisory Sentencing Range in Supervised Release Revocation: Analysis of United States v. Davis

Impact of Incorrect Advisory Sentencing Range in Supervised Release Revocation: Analysis of United States v. Davis

Date: Apr 3, 2010
Impact of Incorrect Advisory Sentencing Range in Supervised Release Revocation: Analysis of United States v. Davis Introduction United States of America v. Tony Eugene Davis, 602 F.3d 643 (5th Cir....
Discretionary Function Exception Upholds Sovereign Immunity in FTCA Prisoner Assault Claim

Discretionary Function Exception Upholds Sovereign Immunity in FTCA Prisoner Assault Claim

Date: Mar 30, 2010
Discretionary Function Exception Upholds Sovereign Immunity in FTCA Prisoner Assault Claim Introduction In the case of Anthony Morales v. United States of America; Bureau of Prisons, decided by the...
Stray Remarks Insufficient for Age Discrimination Claims: 5th Circuit Upholds Summary Judgment in Jackson v. Cal-Western

Stray Remarks Insufficient for Age Discrimination Claims: 5th Circuit Upholds Summary Judgment in Jackson v. Cal-Western

Date: Mar 27, 2010
Stray Remarks Insufficient for Age Discrimination Claims: 5th Circuit Upholds Summary Judgment in Jackson v. Cal-Western Introduction Jackson v. Cal-Western Packaging Corporation is a pivotal case...
Mitigating Vindictiveness in Sentencing: An Analysis of United States v. Rodriguez

Mitigating Vindictiveness in Sentencing: An Analysis of United States v. Rodriguez

Date: Mar 26, 2010
Mitigating Vindictiveness in Sentencing: An Analysis of United States v. Rodriguez Introduction United States of America v. David Rodriguez is a pivotal case adjudicated by the United States Court of...
Mixed-Motive Framework Affirmed in Title VII Retaliation Case: Smith v. Xerox Corporation

Mixed-Motive Framework Affirmed in Title VII Retaliation Case: Smith v. Xerox Corporation

Date: Mar 25, 2010
Mixed-Motive Framework Affirmed in Title VII Retaliation Case: Smith v. Xerox Corporation Introduction In Kim Y. Smith v. Xerox Corporation, 602 F.3d 320 (5th Cir. 2010), the United States Court of...
Qualified Immunity Overruled in Cases of Deliberate Evidence Fabrication: An Analysis of Good v. Curtis

Qualified Immunity Overruled in Cases of Deliberate Evidence Fabrication: An Analysis of Good v. Curtis

Date: Mar 24, 2010
Qualified Immunity Overruled in Cases of Deliberate Evidence Fabrication: An Analysis of Good v. Curtis Introduction Good v. Curtis (601 F.3d 393) is a significant appellate decision by the United...
Limits on Successive Habeas Appeals: Williams v. Thaler and the Denial of Certificate of Appealability under Rule 59(e) and Rule 60(b)

Limits on Successive Habeas Appeals: Williams v. Thaler and the Denial of Certificate of Appealability under Rule 59(e) and Rule 60(b)

Date: Mar 24, 2010
Limits on Successive Habeas Appeals: Williams v. Thaler and the Denial of Certificate of Appealability under Rule 59(e) and Rule 60(b) Introduction Williams v. Thaler, 602 F.3d 291 (5th Cir. 2010),...
Affirmation of Effective Assistance of Counsel in Decision Not to Call Accomplice Witnesses Under Strickland Standards

Affirmation of Effective Assistance of Counsel in Decision Not to Call Accomplice Witnesses Under Strickland Standards

Date: Mar 23, 2010
Affirmation of Effective Assistance of Counsel in Decision Not to Call Accomplice Witnesses Under Strickland Standards Introduction The case of Leroy Gregory, Jr. v. Rick Thaler involves significant...
Fifth Circuit Clarifies Limits on Mass Joinder and Misjoinder under FLSA: Acevedo v. Allsup's Convenience Stores

Fifth Circuit Clarifies Limits on Mass Joinder and Misjoinder under FLSA: Acevedo v. Allsup's Convenience Stores

Date: Mar 16, 2010
Fifth Circuit Clarifies Limits on Mass Joinder and Misjoinder under FLSA: Acevedo v. Allsup's Convenience Stores Introduction In the landmark case of Christina Mullen Acevedo et al. v. Allsup's...
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