5th Circuit Case Commentaries

5th Circuit Establishes Limits on Prior Restraint Rules for Attorneys Not of Record

Date: Apr 19, 2016

5th Circuit Establishes Limits on Prior Restraint Rules for Attorneys Not of Record Introduction The case of In re William L. Goode, Appellant (821 F.3d 553) adjudicated by the United States Court of...

Expanding the Scope of Aggravated Identity Theft and Enhancing Loss Calculations in Health Care Fraud: Insights from United States v. Tariq Mahmood, M.D.

Date: Apr 15, 2016

Expanding the Scope of Aggravated Identity Theft and Enhancing Loss Calculations in Health Care Fraud: Insights from United States v. Tariq Mahmood, M.D. Introduction In the landmark case of United...

Affirmation of Abuse of Discretion Standard in ERISA Disability Claims: Prudential Insurance Co. of America v. Burell

Date: Apr 12, 2016

Affirmation of Abuse of Discretion Standard in ERISA Disability Claims: Prudential Insurance Co. of America v. Burell Introduction In the appellate case Patrick Burell; Aracelli Burell v. Prudential...

Hardman v. Colvin: Reinforcing Standards for ALJ Evidence Evaluation in Social Security Disability Determinations

Date: Apr 12, 2016

Hardman v. Colvin: Reinforcing Standards for ALJ Evidence Evaluation in Social Security Disability Determinations Introduction In Hardman v. Colvin, 820 F.3d 142 (5th Cir. 2016), the United States...

Fifth Circuit Upholds Administrative Actions in Pest Control Licensing Case: Affirmation of Summary Judgment on First Amendment, Due Process, and Excessive Fines Claims

Date: Apr 9, 2016

Fifth Circuit Upholds Administrative Actions in Pest Control Licensing Case: Affirmation of Summary Judgment on First Amendment, Due Process, and Excessive Fines Claims Introduction In the appellate...

Establishing the "Reasonable Belief" Standard in Third-Party Retaliation Claims: EEOC v. Rite Way Service

Date: Apr 9, 2016

Establishing the "Reasonable Belief" Standard in Third-Party Retaliation Claims: EEOC v. Rite Way Service Introduction In Equal Employment Opportunity Commission v. Rite Way Service, Inc. (2016), the...

Affirmation of Partial Summary Judgment in Yumilicious Franchise v. Barrie et al.: Implications for Franchisee Litigation

Date: Apr 7, 2016

Affirmation of Partial Summary Judgment in Yumilicious Franchise v. Barrie et al.: Implications for Franchisee Litigation Introduction In the appellate case Yumilicious Franchise, L.L.C. v. Matthew...

Improper Joinder and Personal Jurisdiction Under Diversity: Insights from International Energy Ventures Management, LLC v. United Energy Group, Limited

Date: Apr 1, 2016

Improper Joinder and Personal Jurisdiction Under Diversity: Insights from International Energy Ventures Management, LLC v. United Energy Group, Limited Introduction The case of International Energy...

Clarifying Federal Pleading Standards for Improper Joinder in Diversity Jurisdiction: IEVM v. UEG

Date: Apr 1, 2016

Clarifying Federal Pleading Standards for Improper Joinder in Diversity Jurisdiction: IEVM v. UEG Introduction In the case of International Energy Ventures Management, L.L.C. (IEVM) v. United Energy...

FCRA and FDCPA Claims Dismissed in Commercial Litigation: Hall v. Phenix Investigations

Date: Mar 30, 2016

FCRA and FDCPA Claims Dismissed in Commercial Litigation: Hall v. Phenix Investigations Introduction In Kelly Hall; John Crowder, Jr., Plaintiffs - Appellants v. Phenix Investigations, Incorporated;...

Strict Enforcement of State Exhaustion Requirements in Diversity Jurisdiction: Stryker Corp. v. Kale Flagg

Date: Mar 25, 2016

Strict Enforcement of State Exhaustion Requirements in Diversity Jurisdiction: Stryker Corp. v. Kale Flagg Introduction The case of Kale Flagg v. Stryker Corporation; Memometal Incorporated, USA (No....

Limitation of Maritime Insurance Coverage for Non-Vessel Operations: Naquin v. Elevating Boats, L.L.C.

Date: Mar 23, 2016

Limitation of Maritime Insurance Coverage for Non-Vessel Operations: Naquin v. Elevating Boats, L.L.C. Introduction The case of Larry Naquin, Sr. v. Elevating Boats, L.L.C. addresses pivotal issues...

Ineffective Assistance of Counsel and Procedural Defaults: Insights from Norman v. Stephens

Date: Mar 19, 2016

Ineffective Assistance of Counsel and Procedural Defaults: Insights from Norman v. Stephens Introduction Norman v. Stephens, 817 F.3d 226 (5th Cir. 2016), is a significant case addressing the...

Texas Court Reinforces Strict Pleading Standards in Foreclosure Litigation: Villarreal v. Wells Fargo

Date: Feb 27, 2016

Texas Court Reinforces Strict Pleading Standards in Foreclosure Litigation: Villarreal v. Wells Fargo Introduction In Zaida Villarreal v. Wells Fargo Bank, N.A., the United States Court of Appeals...

Clarifying Qualified Immunity in Amendment Claims: Cass v. City of Abilene

Date: Feb 25, 2016

Clarifying Qualified Immunity in Amendment Claims: Cass v. City of Abilene Introduction In Cass v. City of Abilene (814 F.3d 721, 5th Cir. 2016), the United States Court of Appeals for the Fifth...

Enforceability of Non-Waiver Provisions in Mortgage Agreements: Martin v. Fannie Mae

Date: Feb 23, 2016

Enforceability of Non-Waiver Provisions in Mortgage Agreements: Martin v. Fannie Mae Introduction Martin v. Fannie Mae is a pivotal case adjudicated by the United States Court of Appeals for the...

Equitable Tolling in ADA Discrimination Claims: Analysis of DeBlanc v. St. Tammany Parish School Board

Date: Feb 19, 2016

Equitable Tolling in ADA Discrimination Claims: Analysis of DeBlanc v. St. Tammany Parish School Board Introduction In the landmark case of Cynthia DeBlanc v. St. Tammany Parish School Board, the...

No Property Interest in Police Employment Under Texas Government Code §614.023: Stem v. Gomez

Date: Feb 9, 2016

No Property Interest in Police Employment Under Texas Government Code §614.023: Stem v. Gomez Introduction The case of Stephen C. Stem, Plaintiff–Appellant v. Ruben Gomez and the City of Hearne,...

Clarifying Sentencing Guidelines: Vacating an Ambiguous Sentence in United States v. Juarez

Date: Feb 4, 2016

Clarifying Sentencing Guidelines: Vacating an Ambiguous Sentence in United States v. Juarez Introduction In the appellate case of United States of America v. Oscar Eduardo Juarez, 812 F.3d 432 (5th...

Enforcement of Mandatory Forum Selection Clauses in International Contracts

Date: Jan 27, 2016

Enforcement of Mandatory Forum Selection Clauses in International Contracts Introduction The case of Peter Weber v. PACT XPP Technologies, AG, adjudicated by the United States Court of Appeals for...