Martco v. Wellons: Fifth Circuit Expands Duty to Defend under Commercial General Liability Policies by Limiting Exclusion (m) Introduction Martco Limited Partnership ("Martco"), a manufacturer of...
Limits of Monell: City of Fort Worth Not Liable for Individual Officers’ Excessive Force without Official Policy Introduction Ke v. City of Fort Worth, Texas, 588 F.3d 838 (5th Cir. 2009), is a...
DePREE v. Saunders: Establishing Boundaries in First Amendment Retaliation Claims in Academic Settings Introduction The case of Chauncey M. DePREE, Jr. v. Martha SAUNDERS, adjudicated by the United...
Enforcement of Oral Injunctions in Bankruptcy Contempt Proceedings: Bradley v. Ingalls Introduction The case of In the Matter of Gary L. Bradley, Debtor et al. v. Tommy Thompson, as Trustee of the...
Affirmation of Dismissal Standards for In Forma Pauperis Prisoner Complaints under § 1983: Brewster v. Dretke Introduction James Earl Brewster v. Douglas Dretke, 587 F.3d 764 (5th Cir. 2009), is a...
Clarification of "Term of Imprisonment" Under §4A1.2(k) in Federal Sentencing Introduction In the case of United States of America v. Maximiliano Jasso, 587 F.3d 706 (5th Cir. 2009), the United...
Establishing Personal Jurisdiction in Interstate Business Disputes: McFadin v. Gerber Introduction The case of McFadin v. Gerber addresses the critical issue of personal jurisdiction in the context...
Fifth Circuit Affirms Mandatory Nature of U.S.S.G. §1B1.10 in Sentence Reductions Under 18 U.S.C. §3582(c)(2) Introduction In United States of America v. Mark Anthony Evans, 587 F.3d 667 (5th Cir....
Affirmation of Dismissal in JEBACO, INC. v. HARRAH'S OPERATING CO.: Antitrust Standing Clarified Introduction The case of Jebaco, Inc. v. Harrah's Operating Co., Inc. addresses critical issues...
Reaffirmation of Qualified Immunity in the Use of Four-Point Restraints: Hill v. Carroll County Introduction Hill v. Carroll County is a significant case adjudicated by the United States Court of...
Enforcement of Reciprocal Indemnity Agreements under LHWCA and OCSLA: BECKER v. TIDEWATER, INC. Introduction In the landmark case of BECKER v. TIDEWATER, INC., Plaintiff-Appellant Seth A. Becker...
Intervening Reassignment and the Continuing Violation Doctrine in Hostile Work Environment Claims: Stewart v. Mississippi Transportation Commission Introduction Stewart v. Mississippi Transportation...
Qualified Immunity Upheld in Use of Deadly Force Case: Manis v. Lawson Introduction The case of Manis v. Lawson revolves around the fatal shooting of Michael D. Manis, Jr. by police officer Douglass...
Determining the Measure of Indemnity in Title Insurance: Insights from First American Bank v. First American Transportation Title Insurance Co. Introduction In the case of First American Bank,...
Separation of Mens Rea and Penalty Elements in Drug Distribution Crimes: Insights from U.S. v. Betancourt Introduction The case of United States of America v. Raul Medrano Betancourt, 586 F.3d 303...
Finality of Settlement Releases in Insurance Claims: Fifth Circuit Upholds State Farm's Bar to Additional Claims Introduction The case of Christopher M. Wiley v. State Farm Fire and Casualty Company,...
Secured Creditors’ Protections Prevail Over Equitable Mootness in Chapter 11 Plan Confirmation: Insights from In re Pacific Lumber Co. Introduction The case of In re Pacific Lumber Co. (584 F.3d 229,...
Carty v. Thaler: Upholding Procedural Strictness and Evaluating Ineffective Assistance of Counsel under AEDPA Introduction Carty v. Thaler, 583 F.3d 244 (5th Cir. 2009), is a pivotal case that...
Limits of Arbitration Agreements in Employee Tort Claims: JONES v. HALLIBURTON CO. Introduction JONES v. HALLIBURTON CO. is a pivotal case adjudicated by the United States Court of Appeals for the...
Exhaustion of Administrative Remedies under 42 U.S.C. § 1997e(a): Insights from Bisby v. Garza Introduction Case: Jerry L. Bisby, Plaintiff-Appellant v. Sergeant Kimberly Garza, Building Supervisor...