5th Circuit Case Commentaries

Clarifying Removal Jurisdiction for Admiralty Claims: Insights from Jonnie Ryan v. Hercules Offshore, Inc.

Date: May 14, 2013

Clarifying Removal Jurisdiction for Admiralty Claims: Insights from Jonnie Ryan v. Hercules Offshore, Inc. Introduction The case of Jonnie Ryan, et al. v. Hercules Offshore, Inc., et al. (945 F....

Reaffirmation of Stream-of-Commerce Jurisdiction Post-McIntyre: Ainsworth v. Moffett Engineering

Date: May 10, 2013

Reaffirmation of Stream-of-Commerce Jurisdiction Post-McIntyre: Ainsworth v. Moffett Engineering Introduction In the case of Mary P. Ainsworth, Widow and Personal Representative of James T....

Trade Secret Conspiracy and Expert Testimony: Insights from United States v. Wen Chyu Liu

Date: May 7, 2013

Trade Secret Conspiracy and Expert Testimony: Insights from United States v. Wen Chyu Liu Introduction United States of America v. Wen Chyu Liu (716 F.3d 159), adjudicated by the United States Court...

5th Circuit Clarifies Classification of Pension Benefits in Age Discrimination Claims: Miller v. Raytheon

Date: May 3, 2013

5th Circuit Clarifies Classification of Pension Benefits in Age Discrimination Claims: Miller v. Raytheon Introduction In the landmark case of Richard Miller v. Raytheon Company, decided on May 2,...

Miller v. Thaler: Fifth Circuit Affirms Denial of Habeas Relief on Ineffective Assistance and Self-Representation Claims

Date: May 2, 2013

Miller v. Thaler: Fifth Circuit Affirms Denial of Habeas Relief on Ineffective Assistance and Self-Representation Claims Introduction In Miller v. Thaler, Ray Charles Miller appealed the denial of...

Affirmation of Rooker-Feldman Doctrine and LUTPA Exemption in Truong v. Bank of America

Date: May 1, 2013

Affirmation of Rooker-Feldman Doctrine and LUTPA Exemption in Truong v. Bank of America Introduction In the case of Glory Truong v. Bank of America, N.A.; Wells Fargo Bank, N.A., decided by the...

Enforcement of Arbitration Clauses under the Federal Arbitration Act: Aflac v. Biles

Date: May 1, 2013

Enforcement of Arbitration Clauses under the Federal Arbitration Act: Aflac v. Biles Introduction The case of American Family Life Assurance Company of Columbus v. Glenda C. Biles (714 F.3d 887, 5th...

Eleventh Amendment Sovereign Immunity and Employment Discrimination: Insights from Raj v. Louisiana State University

Date: Apr 20, 2013

Eleventh Amendment Sovereign Immunity and Employment Discrimination: Insights from Raj v. Louisiana State University Introduction Dr. Madhwa Raj v. Louisiana State University is a landmark case...

5th Circuit Clarifies Scope of Child Sex Trafficking under 18 U.S.C. §1591(a)

Date: Apr 18, 2013

5th Circuit Clarifies Scope of Child Sex Trafficking under 18 U.S.C. §1591(a) Introduction In the appellate case United States of America v. Beleal Garcia-Gonzalez (714 F.3d 306), the United States...

Revisiting Reasonable Accommodations in Seniority-Based Systems: Antoine v. First Student, Inc.

Date: Apr 11, 2013

Revisiting Reasonable Accommodations in Seniority-Based Systems: Antoine v. First Student, Inc. Introduction The case of Robert E. Antoine v. First Student, Inc. addresses critical issues surrounding...

Limited Application of FTCA Detention-of-Goods Exception to False Imprisonment Claims: Davila v. United States

Date: Apr 4, 2013

Limited Application of FTCA Detention-of-Goods Exception to False Imprisonment Claims: Davila v. United States Introduction In Davila v. United States, the United States Court of Appeals for the...

Affirming Religious Rights Under RLUIPA: Garner v. Kennedy Establishes Key Precedent

Date: Apr 3, 2013

Affirming Religious Rights Under RLUIPA: Garner v. Kennedy Establishes Key Precedent Introduction Garner v. Kennedy is a pivotal case adjudicated by the United States Court of Appeals for the Fifth...

OCSLA Reinforces Federal Jurisdiction Over Maritime and State Law Claims

Date: Mar 21, 2013

OCSLA Reinforces Federal Jurisdiction Over Maritime and State Law Claims Introduction In the case of Francis Barker, Jr. v. Hercules Offshore, Inc., et al., the United States Court of Appeals for the...

5th Circuit Affirms Receiver's TUFTA Claims Against Political Committees in Stanford Ponzi Scheme Case

Date: Mar 19, 2013

5th Circuit Affirms Receiver's TUFTA Claims Against Political Committees in Stanford Ponzi Scheme Case Introduction In the landmark case of Ralph S. Janvey, as Court-Appointed Receiver for the...

Adoption of Plain-Meaning Approach for Crime of Violence Enhancements in Sexual Offenses Involving Minors: United States v. Rodriguez

Date: Mar 16, 2013

Adoption of Plain-Meaning Approach for Crime of Violence Enhancements in Sexual Offenses Involving Minors: United States v. Rodriguez Introduction In the landmark case United States of America v....

Affirmation of Qualified Immunity in Dog-Scent Lineup Litigation: Curtis, Johnson, Bickham v. HPD et al.

Date: Mar 7, 2013

Affirmation of Qualified Immunity in Dog-Scent Lineup Litigation: Curtis, Johnson, Bickham v. HPD et al. Introduction The case of Ronald Curtis, Cedric Johnson, and Curvis Bickham v. W. Anthony et...

Establishment of the Prison Mailbox Rule for Post-Conviction Petitions in Texas

Date: Mar 6, 2013

Establishment of the Prison Mailbox Rule for Post-Conviction Petitions in Texas Introduction Kenneth Richards v. Rick Thaler is a pivotal case decided by the United States Court of Appeals for the...

Strengthening Trade Secret Protection: Insights from Daniels Health Sciences v. Vascular Health Sciences

Date: Mar 6, 2013

Strengthening Trade Secret Protection: Insights from Daniels Health Sciences v. Vascular Health Sciences Introduction The case of Daniels Health Sciences, L.L.C. (DHS) v. Vascular Health Sciences,...

Enforcement of Arbitration Agreements in Employment Discrimination Claims: Gary W. Klein v. Nabors Drilling USA L.P.

Date: Feb 27, 2013

Enforcement of Arbitration Agreements in Employment Discrimination Claims: Gary W. Klein v. Nabors Drilling USA L.P. Introduction The case Gary W. Klein, Plaintiff–Appellee v. Nabors Drilling USA...

Affirmation of Child Pornography Convictions: Good Faith Exception and Multiplicity Standards Under Scrutiny

Date: Feb 23, 2013

Affirmation of Child Pornography Convictions: Good Faith Exception and Multiplicity Standards Under Scrutiny Introduction In United States of America v. Mark William Woerner, 709 F.3d 527 (5th Cir....