5th Circuit Case Commentaries

Robinson v. United States: Establishing Sentencing Courts' Authority to Consider Defendant Cooperation under 18 U.S.C. § 3553(a)

Date: Jan 25, 2014

Robinson v. United States: Establishing Sentencing Courts' Authority to Consider Defendant Cooperation under 18 U.S.C. § 3553(a) Introduction Robinson v. United States (741 F.3d 588, 2014) is a...

Establishing Limits on False Domain Registration in Telecommunication Fraud Conspiracies: United States v. Simpson & Shafer

Date: Jan 16, 2014

Establishing Limits on False Domain Registration in Telecommunication Fraud Conspiracies: United States v. Simpson & Shafer Introduction In the landmark case United States v. Matthew Norman Simpson &...

Reformation of Title Insurance Policies and Survey Coverage Interpretation in the Fifth Circuit

Date: Jan 15, 2014

Reformation of Title Insurance Policies and Survey Coverage Interpretation in the Fifth Circuit Introduction The case of Lawyers Title Insurance Corporation v. Doubletree Partners, L.P. (739 F.3d...

Affirmation of Conspiracy and Fraud Convictions in Maxie Village Mortgage Scheme

Date: Jan 14, 2014

Affirmation of Conspiracy and Fraud Convictions in Maxie Village Mortgage Scheme Introduction The case of United States of America v. Gilbert Barry Isgar; Vincent Wallace Aldridge; Tori Elyse...

Deepwater Horizon Settlement Affirms Robust Rule 23 Class Certification Standards Despite Standing Objections

Date: Jan 11, 2014

Deepwater Horizon Settlement Affirms Robust Rule 23 Class Certification Standards Despite Standing Objections Introduction The case of In re Deepwater Horizon—Appeals of the Economic and Property...

Affirmation of AEDPA's Procedural Deference in Rodney Reed's COA Denial

Date: Jan 11, 2014

Affirmation of AEDPA's Procedural Deference in Rodney Reed's COA Denial Introduction The case of Rodney Reed v. William Stephens revolves around Rodney Reed, who was convicted of the capital murder...

Affirmation of Health Care Services Fee's Constitutionality in Inmate Trust Funds

Date: Jan 11, 2014

Affirmation of Health Care Services Fee's Constitutionality in Inmate Trust Funds Introduction In the case of Robert Charles Morris, Individually and Ward of the State of Texas v. Brad Livingston,...

Cadle Company v. Moore: Establishing Boundaries on Bankruptcy Court Sanctions

Date: Jan 10, 2014

Cadle Company v. Moore: Establishing Boundaries on Bankruptcy Court Sanctions Introduction Cadle Company v. James H. Moore, III et al. is a pivotal case adjudicated by the United States Court of...

Supplemental Jurisdiction Cannot Serve as an Anchor for Removal: Analysis of Energy Management Services, LLC v. City of Alexandria

Date: Jan 10, 2014

Supplemental Jurisdiction Cannot Serve as an Anchor for Removal: Analysis of Energy Management Services, LLC v. City of Alexandria Introduction The case of Energy Management Services, LLC (EMS) v....

Complete Diversity Lacking in Mixed-Citizenship Corporate Litigation: Insights from Vantage Drilling Co. v. Hsin-Chi Su

Date: Jan 8, 2014

Complete Diversity Lacking in Mixed-Citizenship Corporate Litigation: Insights from Vantage Drilling Co. v. Hsin-Chi Su Introduction Vantage Drilling Company v. Hsin-Chi Su, 741 F.3d 535 (5th Cir....

Strict Adherence to LHWCA §933(g): Venable v. LWCC Redefines Jurisdictional Boundaries

Date: Dec 31, 2013

Strict Adherence to LHWCA §933(g): Venable v. LWCC Redefines Jurisdictional Boundaries Introduction In Venable v. Louisiana Workers' Compensation Corporation (740 F.3d 937), the United States Court...

Establishing Delivery in Good Condition Under the Carmack Amendment: Mari Jose v. Transmaritime

Date: Dec 31, 2013

Establishing Delivery in Good Condition Under the Carmack Amendment: Mari Jose v. Transmaritime Introduction The case of Distribuidora Mari Jose, S.A. de C.V. v. Transmaritime, Inc. (738 F.3d 703)...

Reaffirmation of AEDPA Standards in Denial of Certificate of Appealability for Ineffective Assistance Claims in Capital Sentences

Date: Dec 21, 2013

Reaffirmation of AEDPA Standards in Denial of Certificate of Appealability for Ineffective Assistance Claims in Capital Sentences Introduction The case of Manuel Garza v. William Stephens, Director,...

Limitation of Indemnity Agreements to Workmanship Under Texas Law: Weeks Marine v. Standard Concrete Products

Date: Dec 7, 2013

Limitation of Indemnity Agreements to Workmanship Under Texas Law: Weeks Marine v. Standard Concrete Products Introduction The case of Weeks Marine, Incorporated v. Standard Concrete Products,...

5th Circuit Upholds NLRB's Decision on Arbitration Agreements under NLRA in D.R. Horton, Inc. v. NLRB

Date: Dec 4, 2013

5th Circuit Upholds NLRB's Decision on Arbitration Agreements under NLRA in D.R. Horton, Inc. v. NLRB Introduction In the landmark case D.R. Horton, Incorporated, Petitioner/Cross–Respondent v....

Establishing Foreclosure Authority of MERS Assigns and Quasi-Estoppel in Mortgage Servicer Challenges: Farkas v. GMAC Mortgage

Date: Dec 3, 2013

Establishing Foreclosure Authority of MERS Assigns and Quasi-Estoppel in Mortgage Servicer Challenges Introduction In the case of Janos Farkas v. GMAC Mortgage, L.L.C.; Deutsche Bank Trust Company...

Limited Guaranty Enforcement: Haggard v. Bank of the Ozarks Establishes Key Precedent

Date: Nov 26, 2013

Limited Guaranty Enforcement: Haggard v. Bank of the Ozarks Establishes Key Precedent Introduction Haggard v. Bank of the Ozarks, Inc. is a pivotal case adjudicated by the United States Court of...

Jabary v. City of Allen: Reinforcing Procedural Due Process in Administrative Revocations

Date: Nov 26, 2013

Jabary v. City of Allen: Reinforcing Procedural Due Process in Administrative Revocations United States Court of Appeals for the Fifth Circuit Date: November 25, 2013 Introduction The case of Mike...

Emerging Precedent on Hostile Work Environment and Retaliation under Title VII: Royal v. CCC & R Tres Arboles

Date: Nov 22, 2013

Emerging Precedent on Hostile Work Environment and Retaliation under Title VII: Royal v. CCC & R Tres Arboles Introduction In the landmark case Tonia Denise J. Royal v. CCC & R Tres Arboles, L.L.C.,...

Affirmation of AEDPA Standards in Ineffective Assistance Claims: Charles v. Stephens

Date: Nov 19, 2013

Affirmation of AEDPA Standards in Ineffective Assistance Claims: Charles v. Stephens Introduction Charles v. Stephens, decided by the United States Court of Appeals for the Fifth Circuit on November...