5th Circuit Case Commentaries

Fifth Circuit Sets Standards for Preliminary Injunctions in Utility Service Disputes: Bluefield Water Association v. City of Starkville

Date: Jul 22, 2009

Fifth Circuit Sets Standards for Preliminary Injunctions in Utility Service Disputes: Bluefield Water Association v. City of Starkville Introduction The case of Bluefield Water Association, Inc. v....

Affirmation of SORNA's Interstate Registration Requirements under the Commerce Clause: United States v. Whaley

Date: Jul 22, 2009

Affirmation of SORNA's Interstate Registration Requirements under the Commerce Clause: United States v. Whaley Introduction United States of America v. Robert Lee Whaley is a pivotal case adjudicated...

Clarifying the Abuse of Discretion Standard in ERISA Disability Claims: Insights from Holland v. International Paper Co. Retirement Plan

Date: Jul 17, 2009

Clarifying the Abuse of Discretion Standard in ERISA Disability Claims: Insights from Holland v. International Paper Co. Retirement Plan Introduction In Derrell Holland v. International Paper Company...

Likelihood of Confusion in Trademark Infringement: Xtreme Lashes v. Xtended Beauty

Date: Jul 16, 2009

Likelihood of Confusion in Trademark Infringement: Xtreme Lashes v. Xtended Beauty Introduction The case of XTREME LASHES, LLC; Joumana Mousselli v. XTENDED BEAUTY, Inc. (576 F.3d 221) adjudicated by...

Standing Requirements in Class Actions: Insights from Little v. KPMG LLP

Date: Jul 11, 2009

Standing Requirements in Class Actions: Insights from Little v. KPMG LLP Introduction The case of Douglas Alan LITTLE, On Behalf of Themselves and All Others Similarly Situated; Little, Roberts...

Affirmation of Summary Judgment on Prescription and Improper Joinder of Non-Diverse Defendants in Environmental Liability Case

Date: Jul 11, 2009

Affirmation of Summary Judgment on Prescription and Improper Joinder of Non-Diverse Defendants in Environmental Liability Case Introduction The case of Kling Realty Company, Inc.; Walet Planting Co....

Reaffirming Materiality Standards under the False Claims Act: Longhi v. Lithium Power Technologies

Date: Jul 10, 2009

Reaffirming Materiality Standards under the False Claims Act: Longhi v. Lithium Power Technologies Introduction The case of United States of America, ex rel. Alfred J. Longhi, Jr. v. Lithium Power...

Affirmation of Conspiracy, Wire Fraud, and Aggravated Identity Theft Convictions: An In-Depth Analysis of United States v. Stephens (571 F.3d 401)

Date: Jul 9, 2009

Affirmation of Conspiracy, Wire Fraud, and Aggravated Identity Theft Convictions: An In-Depth Analysis of United States v. Stephens (571 F.3d 401) Introduction United States v. Bartholomew Stephens;...

Enhanced Standards for Hostile-Work Environment Claims Under Title VII: Insights from Donaldson v. CDB Inc.

Date: Jul 7, 2009

Enhanced Standards for Hostile-Work Environment Claims Under Title VII: Insights from Donaldson v. CDB Inc. Introduction In the landmark case of Gwendolyn D. Donaldson v. CDB Inc., d/b/a Popeye's,...

Qualified Immunity in Prisoner Safety: Morgan v. Hubert

Date: Jul 2, 2009

Qualified Immunity in Prisoner Safety: Morgan v. Hubert Introduction The case of Ronnie L. Morgan, Jr. v. Cornel Hubert, Warden, Elayn Hunt Correctional Center (335 F. App'x 466) addresses...

Establishing Prima Facie in Title VII Claims: Insights from Marcus Lee v. Kansas City Southern Railway Co.

Date: Jul 1, 2009

Establishing Prima Facie in Title VII Claims: Insights from Marcus Lee v. Kansas City Southern Railway Co. Introduction The case of Marcus Lee v. Kansas City Southern Railway Co., decided on June 30,...

Municipal Liability Requires Identification of Policymaker: McGregory v. City of Jackson

Date: Jun 27, 2009

Municipal Liability Requires Identification of Policymaker: McGregory v. City of Jackson Introduction The case of Willie McGregory, Sr.; Lucy McGregory, Plaintiffs-Appellants v. The City of Jackson,...

Establishing Boundaries on Successive Habeas Corpus Petitions under AEDPA: Insights from Leal Garcia v. Quarterman

Date: Jun 25, 2009

Establishing Boundaries on Successive Habeas Corpus Petitions under AEDPA: Insights from Leal Garcia v. Quarterman Introduction Humberto Leal Garcia, the petitioner-appellant, was convicted of murder...

Fifth Circuit Upholds Mandatory Minimums for Sentence Reductions under 18 U.S.C. § 3582(c)(2) After Booker

Date: Jun 23, 2009

Fifth Circuit Upholds Mandatory Minimums for Sentence Reductions under 18 U.S.C. § 3582(c)(2) After Booker Introduction In the appellate case United States of America v. Larry W. Doublin (572 F.3d...

Enhanced Standards for Loss Causation in Securities Class Actions: Flowserve Corp. v. Alaska Electrical Pension Fund

Date: Jun 20, 2009

Enhanced Standards for Loss Causation in Securities Class Actions: Flowserve Corp. v. Alaska Electrical Pension Fund Introduction The case of Alaska Electrical Pension Fund and Massachusetts State...

USAA v. True: Affirming Fiduciary Duties to the Exchange Entity, Not Individual Subscribers

Date: Jun 11, 2009

USAA v. True: Affirming Fiduciary Duties to the Exchange Entity, Not Individual Subscribers Introduction James E. True, individually and on behalf of all similarly situated persons, filed a...

Establishing Causation and Admissibility of Expert Testimony in Medical Malpractice: Insights from HUSS v. GAYDEN

Date: Jun 11, 2009

Establishing Causation and Admissibility of Expert Testimony in Medical Malpractice: Insights from HUSS v. GAYDEN Introduction In the landmark case of Barbara Huss; Rodney Huss, Plaintiffs-Appellees,...

Affirmation of Wire Fraud and Money Laundering Convictions Amidst Dismissed Bank Fraud Charges: United States v. Stalnaker & Castle

Date: Jun 11, 2009

Affirmation of Wire Fraud and Money Laundering Convictions Amidst Dismissed Bank Fraud Charges: United States v. Stalnaker & Castle Introduction In the case of United States of America v. Kenneth...

Affirmation of Summary Judgment in GOODMAN v. HARRIS COUNTY: Implications for Qualified Immunity and Training Obligations under § 1983

Date: Jun 10, 2009

Affirmation of Summary Judgment in GOODMAN v. HARRIS COUNTY: Implications for Qualified Immunity and Training Obligations under § 1983 Introduction The case of Jeanette Goodman, individually and as...

Strict Interpretation of SSA Listing 12.05 in Disability Determinations: Randall v. Astrue

Date: Jun 9, 2009

Strict Interpretation of SSA Listing 12.05 in Disability Determinations: Randall v. Astrue Introduction Annette Randall v. Michael J. Astrue, Commissioner of Social Security is a pivotal case...

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