Affirmation of 16-Level Sentence Enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(i) in United States v. Martinez–Lugo Introduction In the landmark case United States of America v. Juan Francisco...
Sovereign and Qualified Immunity in FMLA Claims: Insights from Bryant v. Texas Department of Aging and Disability Services Introduction The case of Tammy Bryant v. Texas Department of Aging and...
Enhanced Interpretation of FLSA Limitations Periods: Mohammadi v. Nwabuisi Introduction In Mohammadi v. Nwabuisi, Dana D. Mohammadi, a licensed vocational nurse case manager, brought a lawsuit...
Clarifying Successive §2255 Motions: The Fulton Decision on Ineffective Assistance of Counsel Claims Introduction The case of United States of America v. Kendrick Jermaine Fulton, 780 F.3d 683 (5th...
Standing of Healthcare Providers Under ERISA: Fifth Circuit's Ruling in North Cypress v. Cigna Establishes Precedent Introduction In the landmark case North Cypress Medical Center Operating Company,...
Anco Insulations v. National Union Fire Insurance: Affirmation of Timely Tender Requirements and Statutory Penalties under Louisiana Law Introduction Anco Insulations, Incorporated, a Louisiana-based...
EFTA Amendment Non-Retroactivity Affirmed in Class Action Certification Introduction The case of James L. Frey v. First National Bank Southwest addressed critical issues surrounding the Electronic...
No Per Se Hot Pursuit Exception to Knock-and-Announce Rule: Trent v. Wade Sets New Precedent Introduction Trent v. Wade, 776 F.3d 368 (5th Cir. 2015), is a pivotal case addressing the intersection of...
State Sovereign Immunity and Mootness Affirmed in Fontenot v. Texas DPS Introduction The case of Fontenot v. Texas Department of Public Safety (DPS) addresses significant issues pertaining to state...
Strict Exhaustion of Administrative Remedies Required in §1983 Prisoners' Claims: Wilson v. Epps Introduction In the landmark case of Wilson v. Epps, the United States Court of Appeals for the Fifth...
Finality of Conviction and Limitations on §2255 Motions: Non-Retroactivity of Alleyne Introduction United States of America v. Ignacio Olvera, 775 F.3d 726 (5th Cir. 2015), presents a critical...
Enforcing Forum Selection Clauses in Multiparty Litigation: In re Rolls Royce Corporation Introduction In re Rolls Royce Corporation, 775 F.3d 671 (5th Cir. 2014), addresses the critical issue of...
Fifth Circuit Limits State Liability for Endangered Species: Aransas Project v. Shaw Introduction In the landmark case The Aransas Project v. Bryan Shaw, decided on December 15, 2014, the United...
Clarifying Prima Facie Discrimination under ADA: Insights from EEOC v. LHC Group Introduction The case of Equal Employment Opportunity Commission (EEOC) v. LHC Group, Inc., decided on December 11,...
RICO Standing Requires Clear Proximate Cause for Wage Depression Claims: Fifth Circuit in Varela v. Gonzales Introduction In the landmark case Jaime Varela, indi v. Dually and on behalf of similarly...
Rebuttable Presumption Against Substantial Gainful Activity in Social Security Disability Claims: Copeland v. Colvin Introduction In Patsy Ohea Copeland v. Carolyn W. Colvin, 771 F.3d 920 (5th Cir....
Federal Jurisdiction under the Magnuson-Moss Warranty Act: Scarlott v. Nissan North America Establishes Critical Jurisdictional Threshold Introduction April Scarlott, along with appellants Weisberg &...
Affirmation of Dismissal Under the Two-Dismissal Rule in Foreclosure Proceedings Introduction The case of Dennis Shaver; Catherine Shaver v. Barrett Daffin Frappier Turner & Engel, L.L.P. et al....
Dismissing Civil Rights Claims Under Section 1983: A Comprehensive Analysis of Chaney v. Races and Aces Introduction In Chaney v. Races and Aces, adjudicated by the United States Court of Appeals for...
Fifth Circuit Reaffirms Requirement of Legal Counsel for Corporate Intervention in Trademark Litigation Introduction The case of M2 Technology, Incorporated v. M2 Software, Incorporated and David...