5th Circuit Case Commentaries

Scope of Indemnity and Insurance Obligations in Maritime Contracts: Analysis of International Marine v. Tesla Offshore

Date: Jun 22, 2017

Scope of Indemnity and Insurance Obligations in Maritime Contracts: Analysis of International Marine v. Tesla Offshore Introduction The case of International Marine, L.L.C.; International Offshore...

Affirmation of Legislative Abolition as Satisfying Procedural Due Process: Edionwe v. University of Texas System

Date: Jun 20, 2017

Affirmation of Legislative Abolition as Satisfying Procedural Due Process: Edionwe v. University of Texas System Introduction Alexander Edionwe, an Associate Professor and tenured faculty member at...

Age Discrimination in Reduction-In-Force Cases: Analyzing Virginia Lay v. Singing River Health System

Date: Jun 20, 2017

Age Discrimination in Reduction-In-Force Cases: Analyzing Virginia Lay v. Singing River Health System Introduction The case of Virginia Lay, Plaintiff - Appellant v. Singing River Health System,...

Timeliness of Post-Conviction Relief under 28 U.S.C. § 2255(f)(4): Insights from UNITED STATES v. EDUARDO RODRIGUEZ

Date: Jun 6, 2017

Timeliness of Post-Conviction Relief under 28 U.S.C. § 2255(f)(4): Insights from UNITED STATES v. EDUARDO RODRIGUEZ Introduction In the case of United States of America v. Eduardo Rodriguez, 858 F.3d...

Upholding Residency Restrictions for Sex Offenders: Insights from Duarte v. City of Lewisville

Date: May 31, 2017

Upholding Residency Restrictions for Sex Offenders: Insights from Duarte v. City of Lewisville Introduction In the landmark case of Duarte v. City of Lewisville, the United States Court of Appeals...

Broad Interpretation of 26 U.S.C. § 7212(a): Upholding Tax Obstruction Convictions Independent of Pending IRS Actions

Date: May 25, 2017

Broad Interpretation of 26 U.S.C. § 7212(a): Upholding Tax Obstruction Convictions Independent of Pending IRS Actions Introduction The case of United States of America v. Tamny Denise Westbrooks,...

Partial Dismissals and the PLRA: Clarifying the Scope of Section 1915(g) Strikes

Date: May 16, 2017

Partial Dismissals and the PLRA: Clarifying the Scope of Section 1915(g) Strikes Introduction The case of Eddie Joseph Brown v. April Megg, Dr. Ron Woodall, Wexford Health (857 F.3d 287, 5th Cir....

Affirmation of Monell Standards in Municipal Liability: Fuentes v. Nueces County

Date: Apr 28, 2017

Affirmation of Monell Standards in Municipal Liability: Fuentes v. Nueces County Introduction In the case of Fuentes v. Nueces County, the United States Court of Appeals for the Fifth Circuit...

Fifth Circuit Refines Standards on Qualified Immunity for Unlawful Detention, False Arrest, and Excessive Force Claims

Date: Apr 19, 2017

Disclaimer: This commentary is intended for informational purposes only and does not constitute legal advice. For legal assistance, consult a qualified attorney. Fifth Circuit Refines Standards on...

Appellate Jurisdiction in Arbitration: Bordelon Marine LLC v. Bibby Subsea ROV LLC

Date: Apr 15, 2017

Appellate Jurisdiction in Arbitration: Bordelon Marine LLC v. Bibby Subsea ROV LLC Introduction In the landmark case of Bordelon Marine, L.L.C. v. Bibby Subsea ROV, L.L.C., adjudicated by the United...

Reaffirming Employers' Duty to Supply Necessary Instrumentalities in Customary Work and Correct Procedural Reconsideration Standards: Austin v. Kroger Texas, L.P.

Date: Apr 15, 2017

Reaffirming Employers' Duty to Supply Necessary Instrumentalities in Customary Work and Correct Procedural Reconsideration Standards: Austin v. Kroger Texas, L.P. Introduction In the landmark case of...

Two-Day Suspension Not a Materially Adverse Action in Title VII Retaliation Claims: Ja v. er Cabral

Date: Apr 11, 2017

Two-Day Suspension Not a Materially Adverse Action in Title VII Retaliation Claims: Ja v. er Cabral Introduction In the case of Ja v. er Cabral, the United States Court of Appeals for the Fifth...

Strict Compliance with Employer’s FMLA Procedures Upheld: Insights from Lonny Acker v. General Motors

Date: Apr 11, 2017

Strict Compliance with Employer’s FMLA Procedures Upheld: Insights from Lonny Acker v. General Motors Introduction The case of Lonny Acker v. General Motors, L.L.C. (853 F.3d 784) adjudicated by the...

Excessive Force in Minor Traffic Stop: Hanks v. Rogers

Date: Apr 6, 2017

Excessive Force in Minor Traffic Stop: Hanks v. Rogers Introduction The case of Marcus Hanks v. Officer Randall Rogers centers on the application of excessive force by a police officer during a minor...

Standing Doctrine Reinforced in Moore v. Bryant: Implications for Equal Protection Claims

Date: Apr 1, 2017

Standing Doctrine Reinforced in Moore v. Bryant: Implications for Equal Protection Claims Introduction The case of Carlos E. Moore v. Governor Dewey Phillip Bryant addresses significant questions...

Reaffirming Burden of Proof in Maritime Tort Claims: Analysis of In re Louisiana Crawfish Producers

Date: Mar 29, 2017

Reaffirming Burden of Proof in Maritime Tort Claims: Analysis of In re Louisiana Crawfish Producers (852 F.3d 456) Introduction The case of In re Louisiana Crawfish Producers (852 F.3d 456), decided...

Enhancing Habeas Corpus Appealability: Fifth Circuit Establishes New Standards on Mitigating Evidence and Batson Claims

Date: Mar 28, 2017

Enhancing Habeas Corpus Appealability: Fifth Circuit Establishes New Standards on Mitigating Evidence and Batson Claims Introduction The case of Rick Allen Rhoades v. Lorie Davis, adjudicated by the...

Deemed Allowed Claims in No-Asset Bankruptcy Cases: Insights from KIPP Flores Architects v. Mid-Continent Casualty Co.

Date: Mar 25, 2017

Deemed Allowed Claims in No-Asset Bankruptcy Cases: Insights from KIPP Flores Architects v. Mid-Continent Casualty Co. Introduction The legal landscape of bankruptcy proceedings often presents...

Federal Subject Matter Jurisdiction in Structured Settlement Funding Disputes: Comprehensive Analysis of Settlement Funding LLC v. Rapid Settlements Ltd.

Date: Mar 23, 2017

Federal Subject Matter Jurisdiction in Structured Settlement Funding Disputes: Comprehensive Analysis of Settlement Funding LLC v. Rapid Settlements Ltd. Introduction The case of Settlement Funding,...

Federal Preemption of State Workers' Compensation in Air Ambulance Services: EX PARTE YOUNG's Equitable Exception Applied

Date: Mar 21, 2017

Federal Preemption of State Workers' Compensation in Air Ambulance Services: EX PARTE YOUNG's Equitable Exception Applied Introduction The case of Air Evac EMS, Incorporated v. State of Texas...