Age Discrimination in Hiring: The Moss v. BMC Software Precedent Introduction The landmark case of Michael Moss v. BMC Software, Inc. addressed critical issues pertaining to age discrimination in the...
Clarifying Specific Intent in Money Laundering Convictions: United States v. Trejo (5th Cir. 2010) Introduction United States v. Noe Trejo, decided by the United States Court of Appeals for the Fifth...
Specific Intent Requirement in CEA Manipulation Claims: Gracey v. Energy Transfer Partners Introduction The case of Richard Hershey and Roberto E. Calle Gracey v. Energy Transfer Partners, L.P....
5th Circuit Reaffirms ADA’s Disability Threshold Considering Mitigating Measures in Employment Termination Introduction The case of Don A. Kemp v. Eric H. Holder, Jr., United States Department of...
Woodfox v. Cain: Upholding AEDPA’s Deference and Exhaustion Requirements in Ineffective Assistance Claims In the landmark case of Albert Woodfox v. Burl Cain, decided by the United States Court of...
Clarifying the Business Practices Exception: Fifth Circuit Upholds Predicate Felony in U.S. v. Coleman Introduction United States v. James Ray Coleman, 609 F.3d 699 (5th Cir. 2010), presents a...
Limiting the Debtor's Right to Dismiss Under §1307(b) in Bankruptcy Proceedings Introduction In the case of In re Robert Edwin Jacobsen, decided by the United States Court of Appeals for the Fifth...
Bailey v. Shell: Clarifying Jurisdictional Limits and Dismissal Requirements under the False Claims Act Introduction Bailey v. Shell Western EP, Inc. is a pivotal case adjudicated by the United...
Cadle Company v. Moore: Precedent on Trustee's Authority to Sell Bankruptcy Estate Claims Introduction Cadle Company, the principal creditor of the bankruptcy estate of James H. Moore, III, appealed...
Star Symbol Fails Inherent Distinctiveness Test in Service Mark Infringement: Trade Dress Claims Remanded Introduction In the case of Amazing Spaces, Inc. v. Metro Mini Storage; Landmark Interest...
State Action Requirement in Eighth Amendment Medical Care Claims: Insights from Loosier v. Unknown Medical Professionals Introduction The case of Donald Loosier versus Unknown Medical Doctor, Unknown...
Inclusion of Per Diem Allowances in Regular Rate for FLSA Overtime Calculations: Gagnon v. United Technisource Introduction Gagnon v. United Technisource, Inc.; AIS Tech Services, Inc. is a pivotal...
Yu v. Ran: Establishing Precedent for Chapter 15 Bankruptcy Recognition Introduction The case of Yu v. Ran, Debtor. Zuriel Lavie (607 F.3d 1017) adjudicated by the United States Court of Appeals for...
Affirmation of Dismissal for Failure to State a Claim in Fraud and Veil-Piercing Litigation Introduction The case of Shandong Yinguang Chemical Industries Joint Stock Company, Ltd.,...
Affirmation of Dismissal in ERISA Claims: Rosenblatt v. United Way Introduction In the landmark case of Stanley Rosenblatt v. United Way of Greater Houston, 607 F.3d 413 (5th Cir. 2010), the United...
Enhancing Due Process Protections for Parolees Subjected to Sex Offender Conditions: MEZA v. LIVINGSTON Introduction In Raul MEZA v. LIVINGSTON, 607 F.3d 392 (5th Cir. 2010), the United States Court...
5th Circuit Validates Late Amendments and Lost Profits Claims in Breach of Fiduciary Duty Case Introduction In the case of MEAUX SURFACE PROTECTION, INC. v. Mike Fogleman; CleanBlast, LLC; Charlie...
Establishing Abuse of a Position of Trust in Health Care Fraud: Insights from UNITED STATES v. Brenda Davis Miller Introduction In the case of UNITED STATES of America, Plaintiff-Appellee, v. Brenda...
Authority of District Courts to Impose Consecutive Federal Sentences to Undischarged State Sentences Introduction In the case of United States of America v. Monroe Ace Setser, 607 F.3d 128 (5th Cir....
Binding Nature of Plea Agreements in Sentencing Reductions: Analysis of United States v. Garcia Introduction United States of America v. Marco A. Garcia, 606 F.3d 209 (5th Cir. 2010), is a pivotal...