5th Circuit Case Commentaries

Reaffirming EX PARTE YOUNG: Nigen Biotech v. Ken Paxton and the Scope of Section 1983 Claims Against State Officials

Date: Oct 1, 2015

Reaffirming EX PARTE YOUNG: Nigen Biotech v. Ken Paxton and the Scope of Section 1983 Claims Against State Officials Introduction The case of Nigen Biotech, L.L.C. v. Ken Paxton represents a...

Establishing the Boundaries of Homestead Exemption and Judgment Liens under Texas Property Code §52.042: A Comprehensive 5th Circuit Analysis

Date: Oct 1, 2015

Establishing the Boundaries of Homestead Exemption and Judgment Liens under Texas Property Code §52.042: A Comprehensive 5th Circuit Analysis Introduction The case of Christopher Moser and Kernell...

Prompt Notice Requirement in Insurance Contracts: Alaniz v. Sirius International Insurance Corporation

Date: Sep 15, 2015

Prompt Notice Requirement in Insurance Contracts: Alaniz v. Sirius International Insurance Corporation Introduction In the matter of Carlos Alaniz v. Sirius International Insurance Corporation, the...

Default Judgment in J & J Sports Productions v. Morelia Mexican Restaurant Establishes Enhanced Damages for FCA Violations

Date: Aug 29, 2015

Default Judgment in J & J Sports Productions v. Morelia Mexican Restaurant Establishes Enhanced Damages for FCA Violations Introduction The case of J & J Sports Productions, Inc. v. Morelia Mexican...

Qualified Immunity in Use of Force and Warrantless Entry: Insights from Carroll v. Ellington

Date: Aug 27, 2015

Qualified Immunity in Use of Force and Warrantless Entry: Insights from Carroll v. Ellington Introduction The case of Rutha Carroll, Indi v. dually and as Heir of Herman Rochan Carroll (also known as...

Affirmation of Cat's Paw Theory in Title VII Retaliation Claims: ZAMORA v. CITY OF HOUSTON

Date: Aug 20, 2015

Affirmation of Cat's Paw Theory in Title VII Retaliation Claims: ZAMORA v. CITY OF HOUSTON Introduction In ZAMORA v. CITY OF HOUSTON, 798 F.3d 326 (5th Cir. 2015), the United States Court of Appeals...

Ensuring Exhaustion of Administrative Remedies: Addressing Misrepresentations by Correctional Staff

Date: Aug 18, 2015

Ensuring Exhaustion of Administrative Remedies: Addressing Misrepresentations by Correctional Staff Introduction The case of Grady Allen Davis v. DSO F. Hernandez; DSO Cody Hill (798 F.3d 290)...

United States v. Cervantes: Affirmation of Reasonable Suspicion Standards for Border Patrol Traffic Stops Far from the Border

Date: Aug 15, 2015

United States v. Cervantes: Affirmation of Reasonable Suspicion Standards for Border Patrol Traffic Stops Far from the Border Introduction In United States v. Luis Gerard Cervantes, 797 F.3d 326 (5th...

Burton v. Freescale Semiconductor: Defining Joint Employer Liability under the ADA

Date: Aug 11, 2015

Burton v. Freescale Semiconductor: Defining Joint Employer Liability under the ADA Introduction In Burtin v. Freescale Semiconductor, Inc. (798 F.3d 222, 5th Cir. 2015), the United States Court of...

Exclusion of Expert Testimony in Habeas Corpus Petition: Roberson v. Stephens

Date: Aug 11, 2015

Exclusion of Expert Testimony in Habeas Corpus Petition: Roberson v. Stephens Introduction Robert Leslie Roberson, III, convicted of capital murder for the tragic death of his two-year-old daughter,...

Affirmation of Wire Fraud and Money Laundering Convictions: An Analysis of United States v. Deason

Date: Aug 8, 2015

Affirmation of Wire Fraud and Money Laundering Convictions: An Analysis of United States v. Deason Introduction In the case of United States of America v. Caleb Deason, adjudicated by the United...

Redd v. United States: Procedural Requirements and Challenges in §2255 Post-Conviction Relief

Date: Aug 7, 2015

Redd v. United States: Procedural Requirements and Challenges in §2255 Post-Conviction Relief Introduction Redd v. United States is a significant case adjudicated by the United States Court of...

Sentence Reductions under 18 U.S.C. § 3582(c)(2) Do Not Constitute New Judgments for Habeas Applications

Date: Aug 5, 2015

Sentence Reductions under 18 U.S.C. § 3582(c)(2) Do Not Constitute New Judgments for Habeas Applications Introduction The case of UNITED STATES of America v. Autry Lee JONES explores whether a...

Enhancing Pretext Standards in ADEA Litigation: An Analysis of Stennett v. Tupelo Public School District

Date: Jul 31, 2015

Enhancing Pretext Standards in ADEA Litigation: An Analysis of Stennett v. Tupelo Public School District Introduction Stennett v. Tupelo Public School District is a pivotal case adjudicated by the...

Expansion of Obstruction of Justice under 18 U.S.C. § 242: United States v. McRae Commentary

Date: Jul 29, 2015

Expansion of Obstruction of Justice under 18 U.S.C. § 242: United States v. McRae Commentary Introduction The case United States of America v. Gregory McRae, adjudicated by the United States Court of...

Clarification on Qualified Immunity and Conditions of Confinement in §1983 Litigation: Estate of Henson v. Wichita County

Date: Jul 29, 2015

Clarification on Qualified Immunity and Conditions of Confinement in §1983 Litigation: Estate of Henson v. Wichita County Introduction The case Estate of Wilbert Lee Henson, deceased v. Wichita...

Ramirez–Mejia v. Lynch: Affirming the Bar on Asylum for Illegally Reentered Aliens

Date: Jul 22, 2015

Ramirez–Mejia v. Lynch: Affirming the Bar on Asylum for Illegally Reentered Aliens Introduction In the landmark case Fany Jackeline Ramirez–Mejia v. Loretta Lynch, U.S. Attorney General, adjudicated...

Establishing Precedent for Age Discrimination under ADEA: Comprehensive Analysis of Goudeau v. National Oilwell Varco

Date: Jul 17, 2015

Establishing Precedent for Age Discrimination under ADEA: Comprehensive Analysis of Goudeau v. National Oilwell Varco Introduction In the landmark case of Maurice R. Goudeau v. National Oilwell...

Affirming Lack of Subject Matter Jurisdiction in Alphonse v. Arch Bay Holdings: Implications for Federal and Diversity Jurisdiction

Date: Jul 14, 2015

Affirming Lack of Subject Matter Jurisdiction in Alphonse v. Arch Bay Holdings: Implications for Federal and Diversity Jurisdiction Introduction The case of Glenn E. Alphonse, Jr. v. Arch Bay...

State of Louisiana's Eighth Amendment Violation and PLRA Compliance in Death Row Heat Conditions

Date: Jul 9, 2015

State of Louisiana's Eighth Amendment Violation and PLRA Compliance in Death Row Heat Conditions Introduction In the case of Elzie Ball; Nathaniel Code; James Magee, Plaintiffs–Appellees...