Limiting Hearsay Evidence in Civil Forfeiture Under CAFRA: United States v. Roberto Garcia-Baeza Introduction The case of United States of America v. Roberto Garcia-Baeza (537 F.3d 504) adjudicated...
Affirmation of Qualified Immunity in Child Abuse Investigations: Gates v. TDPRS and Fort Bend Introduction The case of Gary W. Gates, Jr.; Melissa Gates, Individually and as next friends to Sarah...
Determining Finality of Conviction for §2255 Motions: Insights from United States v. Plascencia Introduction In United States v. Plascencia, the United States Court of Appeals for the Fifth Circuit...
Attorney's Willful Violation of Automatic Bankruptcy Stay Under Section 362(k): Repine v. Young Introduction The case of In re: Ronald Eugene Repine, Debtor. Patsy Young, Appellant, v. Ronald Eugene...
Brantley Sentencing Affirms Use of Presentence Report in Guideline Departures Introduction United States v. Olan Wayne Brantley, 537 F.3d 347 (5th Cir. 2008), is a significant appellate decision...
Enforcement of Forum-Selection Clauses in Attorney-Client Contracts Confirmed Unless Overreaching: Ginter v. Belcher Introduction In the case of Lisa Marie Ginter, on behalf of her minor child,...
Protection of Political Campaigning by Public Employees: Da v. JAMES Commentary Introduction Da v. JAMES (535 F.3d 365) is a significant case decided by the United States Court of Appeals for the...
Judicial Estoppel in Bankruptcy: Reversing Summary Judgment in Kane v. National Union Fire Insurance Co. Introduction Kane v. National Union Fire Insurance Company is a pivotal case decided by the...
Nelson v. University of Texas at Dallas: Reinstatement under FMLA and the EX PARTE YOUNG Exception to Eleventh Amendment Immunity Introduction In the case of Robert T. Nelson v. University of Texas...
Qualified Immunity and Ripeness of Takings Claims in Waltman v. Payne Introduction Waltman v. Payne, 535 F.3d 342 (5th Cir. 2008), is a significant case addressing the scope of qualified immunity for...
SLUSA Preemption Affirmed in Enron MDL Litigation Introduction The collapse of the Enron Corporation in the early 2000s led to significant legal repercussions, including a series of lawsuits filed by...
Establishing Compensation for Pre/Post Work Activities under FLSA: Collins v. Sanderson Farms Introduction In the landmark case of Annie Collins on behalf of herself and All Others Similarly Situated...
Affirmation of Harassment Claims and Rejection of Constructive Discharge and Retaliation in Aryain v. Wal-Mart Stores Texas LP Introduction Case: Jenna Aryain, Plaintiff-Appellant vs. Wal-Mart Stores...
Clarifying Certificate of Appealability Standards Under AEDPA: Insights from Moore v. Quarterman Introduction The case of Frank Moore v. Nathaniel Quarterman serves as a pivotal example in...
Affirmation of Dismissal for Failure to Effect Service Under Rule 4(m) in Ward v. Enron Introduction The case of Mark Newby et al. v. Enron Corporation et al., adjudicated by the United States Court...
Affirmation of Dismissal of Title VII Claim for Dual-Status Military Employee Introduction The case of Roynell J. Williams v. Michael W. Wynne, Secretary of the United States Air Force (533 F.3d 360,...
Limitation of Federal Jurisdiction in Preemption Claims: Insights from New Orleans Gulf Coast Railway Co. v. Angel Marino Introduction The case New Orleans Gulf Coast Railway Company v. Angel Marino,...
Finality of Conviction and Statute of Limitations in Federal Habeas Petitions: Butler v. Cain Introduction Butler v. Cain is a pivotal case decided by the United States Court of Appeals for the Fifth...
Application of Feres Doctrine to Dual-Status National Guard Technicians: Walch v. Adjutant General's Department Introduction In the case of Graylon L. Walch v. Adjutant General's Department of Texas,...
Clarifying ERISA: Fifth Circuit Distinguishes Welfare vs. Pension Plans in Alcatel Retiree Benefits Case Introduction The case of Judy Nichols, Indi v. Alcatel USA, Inc., adjudicated by the United...