5th Circuit Case Commentaries

5th Circuit Affirms Legitimate RIF Reason in Employment Discrimination Case

Date: Mar 29, 2011

5th Circuit Affirms Legitimate Reduction-in-Force Reason in Employment Discrimination Case Introduction In the case of Kathryn Baumsteiger v. AIG Global Investment Corporation, the United States...

Fifth Circuit Establishes Duty to Reevaluate §3553(a) Factors in §3582(c)(2) Sentencing Reduction Motions

Date: Mar 25, 2011

Fifth Circuit Establishes Duty to Reevaluate §3553(a) Factors in §3582(c)(2) Sentencing Reduction Motions Introduction In the consolidated appeals of United States of America, Plaintiff-Appellee, v....

Authentication Standards Under the Confrontation Clause: A Comprehensive Analysis of United States v. Jackson

Date: Mar 23, 2011

Authentication Standards Under the Confrontation Clause: A Comprehensive Analysis of United States v. Jackson Introduction The case of United States v. Colin Dalawn Jackson, decided by the United...

Affirmation of Qualified Immunity in Excessive Force Claims: Carnaby v. City of Houston

Date: Mar 23, 2011

Affirmation of Qualified Immunity in Excessive Force Claims: Carnaby v. City of Houston Introduction In the case of Susan Carnaby, Individually and as Representative of the Estate of Roland Carnaby,...

Necessity of Direct Causation in Business Interruption Insurance Under Civil Authority Clauses: Dickie Brennan Company v. Lexington Insurance

Date: Mar 23, 2011

Necessity of Direct Causation in Business Interruption Insurance Under Civil Authority Clauses: Dickie Brennan Company v. Lexington Insurance Introduction The case of Dickie Brennan Company, Inc. et...

Fifth Circuit Clarifies ICCTA Preemption of State Negligence Per Se Claims in Railway Tort Actions

Date: Mar 16, 2011

Fifth Circuit Clarifies ICCTA Preemption of State Negligence Per Se Claims in Railway Tort Actions Introduction In the case of Barbara Elam; Bobby Elam v. Kansas City Southern Railway Company; Ronald...

Mandamus Jurisdiction in Medicare Claims: Insights from Wolcott v. Sebelius

Date: Mar 16, 2011

Mandamus Jurisdiction in Medicare Claims: Insights from Wolcott v. Sebelius Introduction In Randall D. Wolcott, M.D., P.A. v. Kathleen Sebelius, decided by the United States Court of Appeals for the...

National Pork Producers Council v. EPA: Defining the Bounds of EPA's Authority in CAFO Regulation

Date: Mar 16, 2011

National Pork Producers Council v. EPA: Defining the Bounds of EPA's Authority in CAFO Regulation Introduction The case of National Pork Producers Council; American Farm Bureau Federation; Oklahoma...

Establishing Precedent on Incident-to-Arrest Searches and Organizer Enhancements in Mortgage Fraud Cases

Date: Mar 12, 2011

Establishing Precedent on Incident-to-Arrest Searches and Organizer Enhancements in Mortgage Fraud Cases Introduction The case of UNITED STATES of America v. Craig Curtis (635 F.3d 704) serves as a...

Affirmation of Summary Judgment in Harris v. Pontotoc County School District: Implications for Student Due Process and Employment Rights

Date: Mar 11, 2011

Affirmation of Summary Judgment in Harris v. Pontotoc County School District: Implications for Student Due Process and Employment Rights Introduction The case of Harris v. Pontotoc County School...

Unified Deductible Interpretation Under Named Windstorm: SEACOR Holdings v. Commonwealth Insurance

Date: Mar 11, 2011

Unified Deductible Interpretation Under Named Windstorm: SEACOR Holdings v. Commonwealth Insurance Case: SEACOR HOLDINGS, INC. v. COMMONWEALTH INSURANCE COMPANY Court: United States Court of Appeals,...

Balancing Religious Rights and Correctional Security: Insights from DeMoss v. CRAIN

Date: Mar 3, 2011

Balancing Religious Rights and Correctional Security: Insights from DeMoss v. CRAIN Introduction The case of James DeMoss v. Christina Melton CRAIN et al. represents a pivotal examination of the...

Enforcing Expert Witness Deadlines in FTCA Medical Malpractice Claims: Fujita v. United States

Date: Mar 3, 2011

Enforcing Expert Witness Deadlines in FTCA Medical Malpractice Claims: Fujita v. United States Introduction The case of Richard Fujita v. United States serves as a pivotal examination of procedural...

Independent Contractor Exception Under FTCA: FEMA Liability Preempted by Federal Jurisdiction

Date: Feb 26, 2011

Independent Contractor Exception Under FTCA: FEMA Liability Preempted by Federal Jurisdiction Introduction In the aftermath of Hurricane Katrina, Geraldine Jasper, a displaced refugee, received aid...

Enhancing Prudential Standing under the Lanham Act: Huggins Realty Inc. v. FNC, Inc.

Date: Feb 25, 2011

Enhancing Prudential Standing under the Lanham Act: Huggins Realty Inc. v. FNC, Inc. Introduction In the case of Harold H. Huggins Realty, Inc., P.E. Turner Company, Ltd., Residential Appraisal and...

Sanctions for Evidence Spoliation in Civil Litigation: Kelly L. Ashton v. Knight Transportation, Inc.

Date: Feb 23, 2011

Sanctions for Evidence Spoliation in Civil Litigation: Kelly L. Ashton v. Knight Transportation, Inc. Introduction KELLY L. ASHTON, Individually and as the Independent Executor of the Estate of...

Preconditions for Foreclosure and Debt Collection Practices: Insights from Biggers v. BAC Home Loans Servicing

Date: Feb 11, 2011

Preconditions for Foreclosure and Debt Collection Practices: Insights from Biggers v. BAC Home Loans Servicing Introduction The case of Clinton D. Biggers, et al. v. BAC Home Loans Servicing, LP (767...

SORNA’s Retroactive Application and APA Compliance Affirmed in United States v. Johnson

Date: Feb 5, 2011

SORNA’s Retroactive Application and APA Compliance Affirmed in United States v. Johnson Introduction United States of America v. Undra Demetrius Johnson is a pivotal case adjudicated by the United...

Fifth Circuit Clarifies Requirements for Anders Briefs in Withdrawal of Counsel: UNITED STATES v. Flores

Date: Feb 1, 2011

Fifth Circuit Clarifies Requirements for Anders Briefs in Withdrawal of Counsel: UNITED STATES v. Flores Introduction In the landmark case of UNITED STATES of America v. Ramona Flores, 632 F.3d 229...

Preemption of Design Defect Claims Under FFDCA § 360k: Analysis of Ronald Funk v. Stryker Corporation

Date: Jan 29, 2011

Preemption of Design Defect Claims Under FFDCA § 360k: Analysis of Ronald Funk v. Stryker Corporation Introduction The case of Ronald Funk v. Stryker Corporation explores the intricate interplay...