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  • Commentaries
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5th Circuit Case Commentaries

Enhancing FMLA Protections: McArdle v. Dell Products Establishes Critical Precedents on Entitlement and Retaliation Claims

Enhancing FMLA Protections: McArdle v. Dell Products Establishes Critical Precedents on Entitlement and Retaliation Claims

Date: Sep 23, 2008
Enhancing FMLA Protections: McArdle v. Dell Products Establishes Critical Precedents on Entitlement and Retaliation Claims Introduction Brian McArdle v. Dell Products, L.P.; Dell Marketing USA, L.P.,...
Effective Assistance of Counsel in Mitigation and Batson Challenges: Insights from BLANTON v. QUARTERMAN

Effective Assistance of Counsel in Mitigation and Batson Challenges: Insights from BLANTON v. QUARTERMAN

Date: Sep 20, 2008
Effective Assistance of Counsel in Mitigation and Batson Challenges: Insights from BLANTON v. QUARTERMAN Introduction Reginald W. Blanton appealed his conviction for capital murder and the imposition...
Section 1983 Liability and Qualified Immunity in Bail Bond Regulation: An Analysis of The Hampton Co. Nat'l Surety, LLC v. Tunica County Decision

Section 1983 Liability and Qualified Immunity in Bail Bond Regulation: An Analysis of The Hampton Co. Nat'l Surety, LLC v. Tunica County Decision

Date: Sep 19, 2008
Section 1983 Liability and Qualified Immunity in Bail Bond Regulation: An Analysis of The Hampton Co. Nat'l Surety, LLC v. Tunica County Decision Introduction The case of The HAMPTON COMPANY NATIONAL...
Clarifying LLC Citizenship for Federal Diversity Jurisdiction: Fifth Circuit in Harvey v. Grey Wolf

Clarifying LLC Citizenship for Federal Diversity Jurisdiction: Fifth Circuit in Harvey v. Grey Wolf

Date: Sep 16, 2008
Clarifying LLC Citizenship for Federal Diversity Jurisdiction: Fifth Circuit in Harvey v. Grey Wolf Introduction The case of Alice Glinda Harvey, Individually on behalf of her deceased husband,...
Expanded Interpretation of Fraud in Annuity Exemptions: IN RE SOZA v. Hill

Expanded Interpretation of Fraud in Annuity Exemptions: IN RE SOZA v. Hill

Date: Sep 13, 2008
Expanded Interpretation of Fraud in Annuity Exemptions: IN RE SOZA v. Hill Introduction IN RE SOZA v. Hill, 542 F.3d 1060 (5th Cir. 2008), represents a pivotal case in the realm of bankruptcy law,...
Strict Adherence to Proof-of-Loss Requirements Under NFIP SFIP Reaffirmed

Strict Adherence to Proof-of-Loss Requirements Under NFIP SFIP Reaffirmed

Date: Sep 11, 2008
Strict Adherence to Proof-of-Loss Requirements Under NFIP SFIP Reaffirmed Introduction The case of Marseilles Homeowners Condominium Association, Inc. v. Fidelity National Insurance Company (542 F.3d...
Appointment of Counsel in Post-Sentencing Amendments: United States v. Robinson

Appointment of Counsel in Post-Sentencing Amendments: United States v. Robinson

Date: Sep 11, 2008
Appointment of Counsel in Post-Sentencing Amendments: United States v. Robinson Introduction The case of United States of America v. Clarence Robinson (542 F.3d 1045) adjudicated by the United States...
ASARCO v. Americas Mining Corp.: Establishing New Legal Precedents on Fraudulent Transfers and Fiduciary Duties in Bankruptcy

ASARCO v. Americas Mining Corp.: Establishing New Legal Precedents on Fraudulent Transfers and Fiduciary Duties in Bankruptcy

Date: Aug 31, 2008
ASARCO LLC, SOUTHERN PERU HOLDINGS, LLC v. AMERICAS MINING CORPORATION: Establishing New Legal Precedents on Fraudulent Transfers and Fiduciary Duties in Bankruptcy Introduction The case of ASARCO...
Enhancing Default Judgment Relief Standards: Insights from Jenkens Gilchrist v. Groia Company

Enhancing Default Judgment Relief Standards: Insights from Jenkens Gilchrist v. Groia Company

Date: Aug 27, 2008
Enhancing Default Judgment Relief Standards: Insights from Jenkens Gilchrist v. Groia Company Introduction The case of Jenkens Gilchrist, A Professional Corporation, Plaintiff-Appellee, v. Groia...
Ramirez v. Knoulton: Clarifying Qualified Immunity and Excessive Force Standards under the Fourth Amendment

Ramirez v. Knoulton: Clarifying Qualified Immunity and Excessive Force Standards under the Fourth Amendment

Date: Aug 27, 2008
Ramirez v. Knoulton: Clarifying Qualified Immunity and Excessive Force Standards under the Fourth Amendment Introduction Ramirez v. Knoulton is a landmark case adjudicated by the United States Court...
Fifth Circuit Clarifies Wreck Act Liability: Personal Responsibility Overrides the 1851 Limitation of Liability Act

Fifth Circuit Clarifies Wreck Act Liability: Personal Responsibility Overrides the 1851 Limitation of Liability Act

Date: Aug 26, 2008
Fifth Circuit Clarifies Wreck Act Liability: Personal Responsibility Overrides the 1851 Limitation of Liability Act Introduction The case of In Re: Southern Scrap Material Company, LLC addresses a...
Exclusionary Rule Applied to Unlawful Cell Phone Searches: Zavala v. United States (5th Cir. 2008)

Exclusionary Rule Applied to Unlawful Cell Phone Searches: Zavala v. United States (5th Cir. 2008)

Date: Aug 23, 2008
Exclusionary Rule Applied to Unlawful Cell Phone Searches: Zavala v. United States (5th Cir. 2008) Introduction UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis Zavala, Defendant-Appellant...
ERISA Preemption and Interpretation of Retirement Plan Amendments in CROWELL v. SHELL OIL CO.

ERISA Preemption and Interpretation of Retirement Plan Amendments in CROWELL v. SHELL OIL CO.

Date: Aug 15, 2008
ERISA Preemption and Interpretation of Retirement Plan Amendments in CROWELL v. SHELL OIL CO. Introduction CROWELL v. SHELL OIL CO. (541 F.3d 295) is a pivotal case adjudicated by the United States...
Limits on Class Certification in TCPA Unsolicited Fax Cases: Fifth Circuit's Decision in GENE AND GENE LLC v. BIOPAY LLC

Limits on Class Certification in TCPA Unsolicited Fax Cases: Fifth Circuit's Decision in GENE AND GENE LLC v. BIOPAY LLC

Date: Aug 15, 2008
Limits on Class Certification in TCPA Unsolicited Fax Cases: Fifth Circuit's Decision in GENE AND GENE LLC v. BIOPAY LLC Introduction The case of GENE AND GENE LLC, Individually and as...
Fifth Circuit Affirms Inmate Retaliation Claims Under §1983 in Bibbs v. Early et al.

Fifth Circuit Affirms Inmate Retaliation Claims Under §1983 in Bibbs v. Early et al.

Date: Aug 13, 2008
Fifth Circuit Affirms Inmate Retaliation Claims Under §1983 in Bibbs v. Early et al. Introduction In Juarez Miguel Bibbs, Plaintiff-Appellant, v. Leslie Early; Jamie Burkholder; Richard Gibson,...
Dynasty Oil and Gas, LLC v. Citizens Bank: Establishing Limits on Post-Confirmation Claims under Chapter 11

Dynasty Oil and Gas, LLC v. Citizens Bank: Establishing Limits on Post-Confirmation Claims under Chapter 11

Date: Aug 13, 2008
Dynasty Oil and Gas, LLC v. Citizens Bank: Establishing Limits on Post-Confirmation Claims under Chapter 11 Introduction The case of Dynasty Oil and Gas, LLC versus Citizens Bank and other appellees...
Enhanced Standards for Pleading Fraud under Federal and Texas Law: Dorsey v. Portfolio Equities

Enhanced Standards for Pleading Fraud under Federal and Texas Law: Dorsey v. Portfolio Equities

Date: Aug 12, 2008
Enhanced Standards for Pleading Fraud under Federal and Texas Law: Dorsey v. Portfolio Equities Introduction The case of Robert Dorsey v. Portfolio Equities, Inc., adjudicated by the United States...
Abrogation of State Sovereign Immunity in USERRA Claims: McIntosh v. Partridge

Abrogation of State Sovereign Immunity in USERRA Claims: McIntosh v. Partridge

Date: Aug 9, 2008
Abrogation of State Sovereign Immunity in USERRA Claims: McIntosh v. Partridge Introduction In the landmark case of Jonathon C. McIntosh, DDS, Plaintiff-Appellant, v. David Partridge, M.D., the...
Distinguishing Decisionmaking and Policymaking Authority: Bolton v. City of Dallas

Distinguishing Decisionmaking and Policymaking Authority: Bolton v. City of Dallas

Date: Aug 8, 2008
Distinguishing Decisionmaking and Policymaking Authority: Bolton v. City of Dallas Introduction Bolton v. City of Dallas, Texas; City Manager Teodoro Benavides (541 F.3d 545), was a pivotal case...
Reversing Habeas Relief in Geiger v. Cain: A Comprehensive Legal Analysis

Reversing Habeas Relief in Geiger v. Cain: A Comprehensive Legal Analysis

Date: Aug 7, 2008
Reversing Habeas Relief in Geiger v. Cain: A Comprehensive Legal Analysis Introduction In the landmark case of Kelly Geiger v. Burl Cain, 540 F.3d 303 (5th Cir. 2008), the United States Court of...
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