Clarifying AEDPA's One-Year Limitations: The Fifth Circuit's Decision in Sivoris Sutton v. Warden Cain Introduction Sivoris Sutton v. Warden Cain (722 F.3d 312) is a pivotal case decided by the...
Enforceability of MERS Assignments in Texas Foreclosures Confirmed in BAC Home Loans Servicing v. Martins Introduction In the case of Ashley Martins v. BAC Home Loans Servicing, L.P.; Federal...
Ensuring Evidentiary Sufficiency for Bodily-Injury Enhancements: Insights from United States v. Zuniga Introduction United States of America v. Edmundo Zuniga, 720 F.3d 587 (5th Cir. 2013), serves as...
Fifth Circuit Clarifies Interpretation of 'Calculate and Pay' Clauses in Overriding Royalty Interests Introduction The case of Total E & P USA, Inc. v. Statoil Gulf of Mexico, L.L.C. addressed a...
Mandamus Relief and Intra-District Venue Transfer: Analysis of In re RADMAX, Limited (720 F.3d 285) Introduction In the appellate decision In re RADMAX, Limited, 720 F.3d 285 (5th Cir. 2013), the...
Reaffirming AEDPA's Deference: Denial of Certificate of Appealability in Trottie v. Stephens Introduction In the case of Willie Tyrone Trottie v. William Stephens, the United States Court of Appeals...
Affirming Timeliness of Removal and Improper Joinder Standards in Retaliation Claims: Mumfrey v. CVS Pharmacy Introduction The case of Tony Mumfrey v. CVS Pharmacy, Inc. examined critical aspects of...
Reed v. United States: Reinforcing Standards for Ineffective Assistance of Counsel Claims in Plea Negotiations Introduction Reed v. United States, 719 F.3d 369 (5th Cir. 2013), is a pivotal case that...
Qualified Immunity Upholding School Officials’ Right to Discuss Student Conduct with Parents: Wyatt v. Fletcher/Newell Introduction In Barbara Wyatt, Plaintiff–Appellee v. Rhonda Fletcher; Cassandra...
Establishing the Threshold-Remuneration Test for Volunteers under Title VII: Juino v. Livingston Parish Fire District No.5 Introduction In Juino v. Livingston Parish Fire District No.5, the United...
Leave to Amend Civil Rights Claims Under Rule 15 When Partial Dismissals Lack Rule 54(b) Certification: A Fifth Circuit Analysis Introduction In the case of Ryan Crostley; Shannon Finley,...
Fifth Circuit Affirms Jury's Findings on Tortious Interference and Civil Conspiracy in Global Check Services Litigation Introduction In the case of Global Check Services (GCS) v. EPS and Conversion...
Defendants' Summary Judgment Upheld in FMLA Interference and Retaliation Case Introduction In the case of Angelia Smith and Kelvin Smith v. CVS Caremark Corp., et al., filed on May 23, 2013, the...
Establishing Pretext and the Cat's Paw Theory in Gender Discrimination: Haire v. LSU Appeals Court Commentary Introduction In Martha Helen Haire v. Board of Supervisors of Louisiana State University...
Age-Based Restrictions on Handgun Carry: Comprehensive Analysis of NRA v. McCraw Introduction The case National Rifle Association of America, Inc. et al. v. Steven C. McCraw (719 F.3d 338)...
Enhanced Supervised Release Conditions in Child Pornography Cases: An Analysis of United States v. Ellis Content Warning: This analysis discusses legal proceedings involving child pornography charges...
Qualified and Official Immunity in Excessive Force Cases: Ramirez v. Martinez Introduction In the landmark case of Reynaldo Ramirez v. Jose “Taser Joe” Martinez, the United States Court of Appeals...
Dormant Commerce Clause and Prudential Standing: An Analysis of Cibolo Waste v. City of San Antonio Introduction The case Cibolo Waste, Incorporated et al. v. City of San Antonio revolves around the...
Trade Secret Misappropriation: Welogix v. Accenture Establishes Critical Precedents Introduction In the landmark case Welogix, Inc. v. Accenture, L.L.P., 716 F.3d 867 (5th Cir. 2013), the United...
Res Judicata Affirmed in COMER v. MURPHY OIL USA Introduction In the case of Ned Comer et al. v. Murphy Oil USA, Inc., the plaintiffs, a group of Mississippi Gulf Coast residents and property owners,...