EEOC v. Agro Distribution: Affirming Non-Jurisdiction of Conciliation and Clarifying ADA Disability Standards Introduction In Equal Employment Opportunity Commission v. Agro Distribution, LLC (555...
Affirmation of Non-Compensability of Beryllium Sensitization under Mississippi Law in George Paz v Brush Engineered Materials Introduction In the case of George Paz et al., Plaintiffs v. Brush...
Establishing Insurable Interest Through In Loco Parentis: Sanford v. First Colony Life Insurance Company Introduction The case of First Colony Life Insurance Company v. Bobby L. Sanford examines the...
Clarifying 'Relevant Conduct' in Sentencing: Fifth Circuit's Decision in United States v. Ekanem Introduction The case of United States of America v. Bassey Jackson Ekanem (555 F.3d 172) adjudicated...
Limiting the Scope of Sentencing Enhancements: Insights from United States v. Ollison Introduction The case of United States v. Marsha August Ollison (555 F.3d 152) serves as a pivotal commentary on...
Remand Jurisdiction under 28 U.S.C. § 1367(c): Insights from Brookshire Brothers Holding, Inc. v. Dayco Products, Inc. 1. Introduction Brookshire Brothers Holding, Inc.; Brookshire Brothers...
Clarifying 'Financial Institution' in Sentencing Enhancements: Affirmation of Skilling's Fraud Convictions and Remand on Sentencing Introduction The collapse of Enron Corporation, once a titan in the...
5th Circuit Clarifies Tolling of Statutes of Limitations for Certified Class Members During Appeals Introduction In the landmark case Elton Taylor v. United Parcel Service, Inc., 554 F.3d 510 (5th...
Protection of Collective Actions Under the FLSA: Sandoz v. Cingular Wireless LLC Introduction In Sandoz v. Cingular Wireless LLC, the United States Court of Appeals for the Fifth Circuit addressed a...
Res Judicata Applied to Bivens Claims: Insights from Aric W. Hall v. Defendants Introduction In the case Aric W. Hall v. Russell Hodgkins et al., adjudicated by the United States Court of Appeals for...
Application of Santos in Defining 'Proceeds' for Money Laundering in Pharmacy Prescription Conspiracies Introduction The case of United States of America v. Andre Dion Brown et al., adjudicated by...
Exclusive Venue in County Courts: Fifth Circuit Upholds Federal and State Jurisdiction under Forum-Selection Clause Introduction The case of Alliance Health Group, LLC v. Bridging Health Options, LLC...
Reassessment of Burden of Proof in Bankruptcy Court Default Judgments: OCA, Inc. v. Dr. Brian A. Beitel Introduction The case of OCA, Inc. v. Dr. Brian A. Beitel, 551 F.3d 359 (5th Cir. 2008),...
Adapting the McDonnell Douglas Framework for Title II Discrimination Claims: Fahim v. Marriott Introduction The case of Sanaa Fahim v. Marriott Hotel Services, Inc. (551 F.3d 344) adjudicated by the...
Affirmation of Qualified Immunity in §1983 Claims for Supervisory Officials Introduction The case of Renisa L. Brumfield, Individually and as Wrongful Death Beneficiaries and Representatives of the...
Establishing Secondary Meaning in Unregistered Color Schemes: Board of Supervisors v. Smack Apparel Co. Introduction The case of Board of Supervisors for Louisiana State University Agricultural and...
U.S. v. Cavitt: Reaffirming the Necessity of Effective Counsel and Evidentiary Hearings in §2255 Proceedings Introduction United States v. Cavitt is a pivotal case adjudicated by the United States...
Fifth Circuit Upholds Statute of Limitations in §1983 Method-of-Execution Challenges: WALKER v. EPPS Introduction The case of WALKER v. EPPS, 550 F.3d 407 (5th Cir. 2008), is a pivotal judicial...
Affirming Liability of Non-Registered Practitioners under CSA § 2: United States v. Armstrong Introduction In the appellate case United States of America v. Cherlyn R. Armstrong, decided by the...
Attorney's Fees Award to Prevailing Defendant in Employment Discrimination Cases: Insights from Stover v. Hattiesburg Public School District Introduction The case of Addie Stover v. Hattiesburg...