5th Circuit Case Commentaries

Exhaustion of Administrative Remedies in Subsumed Disability Discrimination Claims: Ruiz v. Brennan Establishes Fifth Circuit Precedent

Date: Mar 17, 2017

Exhaustion of Administrative Remedies in Subsumed Disability Discrimination Claims: Ruiz v. Brennan Establishes Fifth Circuit Precedent Introduction In Ruiz v. Brennan, the United States Court of...

5th Circuit Clarifies Standards for Damages in Trademark Infringement: Affirmation of Infringement with Vacated Damages in Streamline Production Systems, Inc. v. Streamline Manufacturing, Inc.

Date: Mar 17, 2017

5th Circuit Clarifies Standards for Damages in Trademark Infringement: Affirmation of Infringement with Vacated Damages in Streamline Production Systems, Inc. v. Streamline Manufacturing, Inc....

Affirmation of Summary Judgment in Title VII Discrimination Case: Alkhawaldeh v. Dow Chemical Company

Date: Mar 16, 2017

Affirmation of Summary Judgment in Title VII Discrimination Case: Alkhawaldeh v. Dow Chemical Company Introduction The case of Ammar Alkhawaldeh v. Dow Chemical Company (851 F.3d 422) addresses...

Affirming the "Qualified Individual" Standard under the ADA in Employment Discrimination Claims

Date: Mar 16, 2017

Affirming the "Qualified Individual" Standard under the ADA in Employment Discrimination Claims Introduction The case of Robert E. Moss v. Harris County Constable Precinct One, 851 F.3d 413 (5th Cir....

AFFIRMING CONTINUED APPLICATION OF THE CONTINUING VIOLATION DOCTRINE POST-MORGAN IN HOSTILE WORK ENVIRONMENT CLAIMS: HEATH V. BOARD OF SUPERVISORS FOR SOUTHERN UNIVERSITY

Date: Mar 9, 2017

Affirming Continued Application of the Continuing Violation Doctrine Post-Morgan in Hostile Work Environment Claims: Heath v. Board of Supervisors for Southern University Introduction The case of...

Kneeland v. Berryhill: Enhancing Consideration of Examining Physicians' Opinions in Social Security Disability Cases

Date: Mar 9, 2017

Kneeland v. Berryhill: Enhancing Consideration of Examining Physicians' Opinions in Social Security Disability Cases Introduction Olivia A. Kneeland filed a claim for Social Security Disability...

Reversing Summary Judgment in ADA and FMLA Employment Discrimination: Caldwell v. KHOU-TV

Date: Mar 7, 2017

Reversing Summary Judgment in ADA and FMLA Employment Discrimination: Caldwell v. KHOU-TV Introduction In the landmark appellate decision of Gerald Caldwell v. KHOU-TV; Gannett Company, Incorporated,...

Fifth Circuit Upholds ECOA Protections Against Discrimination Based on Section 8 Income in Mortgage Applications

Date: Feb 17, 2017

Fifth Circuit Upholds ECOA Protections Against Discrimination Based on Section 8 Income in Mortgage Applications Introduction In the landmark case of TINA ALEXANDER et al. v. AMERIPRO FUNDING, INC.,...

Affirmation of First Amendment Rights to Record Police and Qualified Immunity Standards in Fourth Amendment Arrest Claims

Date: Feb 17, 2017

Affirmation of First Amendment Rights to Record Police and Qualified Immunity Standards in Fourth Amendment Arrest Claims Introduction The case of Phillip Turner, Plaintiff-Appellant vs. Lieutenant...

Fifth Circuit Clarifies Deliberate Indifference in §1983 Claims: Alderson v. Concordia Parish Correctional Facility

Date: Feb 10, 2017

Fifth Circuit Clarifies Deliberate Indifference in §1983 Claims: Alderson v. Concordia Parish Correctional Facility Introduction In the landmark case of Larry Dupree Alderson v. Concordia Parish...

Stafford v. Davidson: Clarifying Qualified Immunity and First Amendment Protections in Protester Arrests

Date: Feb 8, 2017

Stafford v. Davidson: Clarifying Qualified Immunity and First Amendment Protections in Protester Arrests Introduction In the case of Jonathan Davidson v. City of Stafford, Texas, the United States...

Affirmation of Hobbs Act Robbery Convictions and Sentencing Enhancements in Buck v. United States

Date: Feb 2, 2017

Affirmation of Hobbs Act Robbery Convictions and Sentencing Enhancements in Buck v. United States Introduction United States of America v. Clarence Bernard Buck and Kendall Allen, decided on February...

Reevaluation of Controlled Substance Offense Classification: United States v. Tanksley

Date: Jan 19, 2017

Reevaluation of Controlled Substance Offense Classification: United States v. Tanksley Introduction In United States v. Tanksley, the United States Court of Appeals for the Fifth Circuit revisited...

Fifth Circuit Clarifies Enforceability of Attorneys' Fee Provisions in Loan Agreements Against Bad Faith Defenses

Date: Jan 18, 2017

Fifth Circuit Clarifies Enforceability of Attorneys' Fee Provisions in Loan Agreements Against Bad Faith Defenses Introduction The case Dallas Roadster, Limited; IEDA Enterprises, Inc. Debtors v....

Presumption Against Extraterritoriality in ATS Claims Affirmed: Ramchandra Adhikari v. Kellogg Brown & Root

Date: Jan 4, 2017

Presumption Against Extraterritoriality in ATS Claims Affirmed: Ramchandra Adhikari v. Kellogg Brown & Root Introduction In the landmark case of Ramchandra Adhikari et al. v. Kellogg Brown & Root...

Affirmation of Denied Qualified Immunity in Excessive Force Case: Jacob Cooper v. Lynn Brown

Date: Dec 28, 2016

Affirmation of Denied Qualified Immunity in Excessive Force Case: Jacob Cooper v. Lynn Brown Introduction The case of Jacob Cooper v. Lynn Brown (844 F.3d 517) adjudicated by the United States Court...

Constructive Amendment under 18 U.S.C. § 1591: Fifth Circuit Affirms Majority Convictions in Child Sex Trafficking Case

Date: Dec 24, 2016

Constructive Amendment under 18 U.S.C. § 1591: Fifth Circuit Affirms Majority Convictions in Child Sex Trafficking Case Introduction In the landmark case United States of America v. Deion Dee...

Fifth Circuit Establishes Precedent on Eyewitness Testimony in Qualified Immunity Cases: Orr v. Copeland

Date: Dec 23, 2016

Fifth Circuit Establishes Precedent on Eyewitness Testimony in Qualified Immunity Cases: Orr v. Copeland Introduction The case of Angela Orr, heir to Ahmede Jabbar Bradley; Monteria Brown, heir to...

Affirmation of Denial of Mitigating Role Adjustment under U.S. Sentencing Guideline §3B1.2: United States v. Guadalupe Castro

Date: Dec 13, 2016

Affirmation of Denial of Mitigating Role Adjustment under U.S. Sentencing Guideline §3B1.2: United States v. Guadalupe Castro Introduction In the case of United States of America v. Guadalupe Castro,...

Fifth Circuit Limits FSIA Commercial Activity Exception, Upholds Waiver for Antigua in Stanford Ponzi Scheme

Date: Nov 23, 2016

Fifth Circuit Limits FSIA Commercial Activity Exception, Upholds Waiver for Antigua in Stanford Ponzi Scheme Introduction The case of Frank et al. v. Commonwealth of Antigua & Barbuda and Official...