Supplemental Jurisdiction Retained, but Medical Malpractice Claims Barred by Texas Statute of Limitations Introduction The case of Rick Mendoza and Irene Mendoza v. Alicia G. Murphy, M.D.; Mariano...
Delta Pine Land Co. v. Nationwide Agribusiness Insurance Co.: Affirming Duty to Defend Under Modified Insurance Policies Introduction In Delta Pine Land Company v. Nationwide Agribusiness Insurance...
Dismissal of Section 1983 Claims on Equal Protection Grounds for Deaf Inmate Introduction In the case of Charles Henry Douglas v. Sheriff Marlin Gusman, et al., decided on June 9, 2008, the United...
Fifth Circuit Affirms Limitation of FMLA Retaliation Claims to Direct Employees Introduction In the case of Lawrence E. Elsensohn, Jr. v. St. Tammany Parish Sheriff's Office et al., the United States...
Affirmation of Untimely §2255 Motion Denial: Standards for Equitable Tolling in the Fifth Circuit Introduction In the appellate case United States of America v. Allen Petty, Jr., 530 F.3d 361 (5th...
Affirming the Standard: Eighth Amendment Claims Require Demonstrated Deprivation of Basic Necessities in Prison Conditions Introduction Alan Wade Johnson v. Texas Board of Criminal Justice is a...
Procedural Barriers in Federal Habeas Corpus: The Hughes v. Quarterman Decision Introduction Preston Hughes, III v. Nathaniel Quarterman is a landmark decision by the United States Court of Appeals...
Protected Activity under FLSA Retaliation: Stepping Outside Managerial Role Introduction In the landmark case Robin Hagan v. Echostar Satellite, L.L.C. Echosphere, L.L.C. (529 F.3d 617), the United...
Mayfield v. Texas Department of Criminal Justice: Affirming Rights to Religious Practice in Incarcerated Settings Introduction Darren L. Mayfield, a prisoner in the Hughes Unit of the Texas...
Limiting the Application of the Political Question Doctrine in Civilian Tort Claims Against Military Contractors: KBR v. Lane, et al., 529 F.3d 548 (5th Cir. 2008) Introduction The case of Reginald...
Expanding Vendor's Endorsement Coverage: Insights from Weaver v. CCA Industries Introduction Weaver v. CCA Industries, Inc. is a pivotal case adjudicated by the United States Court of Appeals for the...
Environmental Conservation Organization v. City of Dallas: Establishing Mootness in Clean Water Act Citizen Suits Introduction The case of Environmental Conservation Organization (ECO) v. City of...
Fifth Circuit Affirms 'Motivating Factor' Standard for §501 Disability Discrimination Under the Rehabilitation Act Introduction In the landmark case of Robert Pinkerton v. Margaret Spellings, 529...
Affirmation of Preliminary Injunction in Extraterritorial Trademark Infringement under the Lanham Act Introduction In the appellate case Paulsson Geophysical Services, Inc. v. Axel M. Sigmar;...
Deliberate Indifference in Jailhouse Deaths: WHITT v. STEPHENS COUNTY Introduction WHITT v. STEPHENS COUNTY (529 F.3d 278, 5th Cir. 2008) is a significant appellate decision that addresses the...
Section 253 of the Federal Telecommunications Act Does Not Create a Private Right of Action Under §1983: Fifth Circuit Upholds City of Houston Ordinance Introduction In the case of Southwestern Bell...
Doe v. MySpace Inc.: Upholding CDA §230 Immunity in Online Platform Liability Introduction In the landmark case of Doe v. MySpace Inc., the United States Court of Appeals for the Fifth Circuit...
Enhanced Employer Liability for Misrepresentation in Medical Credentialing: Kadlec Medical Center v. Lakeview Anesthesia Associates Introduction The case of Kadlec Medical Center; Western...
Affirmation of Summary Judgment: Clarifying State Action and Municipal Liability under 42 U.S.C. § 1983 Introduction The appellate case of Robert Barkley v. Dillard Department Stores Inc.; Harris...
Burns v. United States: Sentencing Disparities in Crack and Powder Cocaine Offenses Addressed Introduction Burns v. United States is a pivotal appellate case decided by the United States Court of...