Federal Railroad Safety Act Preempts State Tort Claims: Insights from Hesling v. CSX Transportation Introduction The case of Monica Bauer Hesling v. CSX Transportation, Inc., adjudicated in the...
Contract Dissolution and Third-Party Beneficiary Rights under the Louisiana Private Works Act Introduction The case of Shaw Constructors, Inc. v. PCS Nitrogen Fertilizer, L.P. revolves around the...
Fifth Circuit Upholds Summary Judgment in Title VII Sexual Harassment and Retaliation Case Introduction The case of Ladonna Hockman v. Westward Communications, LLC adjudicated by the United States...
Due Process Protections for Parole Conditions Imposing Sex Offender Status Without Conviction: Coleman v. Dretke Introduction Tony Ray Coleman v. Doug Dretke, Director, Texas Department of Criminal...
Enhanced Standards for "Similarly Situated" Employees in Disparate Treatment Claims: Insights from Ja v. PEREZ Introduction The case of Ja v. PEREZ, decided by the United States Court of Appeals for...
Contingent Fee Contract Interpretation under Texas Law: Analysis of Gonzalez v. Denning Introduction The case of Oscar C. Gonzalez v. Leon Denning, Sharon Denning, and John J. Muldoon III (394 F.3d...
Standing Requirements in Bankruptcy Litigation and Modification of Legal Fees under 11 U.S.C. §328(a) Introduction The case of In the Matter of COHO ENERGY INC., Debtor. Gibbs Bruns LLP vs. Coho...
Collateral Estoppel Inapplicable for §523(a)(4) Non-Dischargeable Debts When State Fiduciary Findings Are Insufficient – Gupta v. Eastern Idaho Introduction In the landmark case of Shailesh Gupta v....
Affirmation of Jurisdiction and Independent Creation in Copyright Infringement: Positive Black Talk Inc. v. Cash Money Records Inc. Introduction The case of Positive Black Talk Inc., doing business...
Affirming the Necessity of Reliable Expert Testimony in MPLA Design Defect Claims: Guy v. Crown Equipment Corporation Introduction The case of Michelle Guy v. Crown Equipment Corporation, adjudicated...
INS Fails to Provide Specific Legitimate Reasons in ADEA Claims: Clara Patrick v. Tom Ridge 1. Introduction In Clara Patrick v. Tom Ridge, Secretary, Department of Homeland Security, 394 F.3d 311...
Affirming Racial Discrimination in Warranty Service Claims: Causey v. Sewell Cadillac-Chevrolet and General Motors Introduction The case of Tyrone Causey v. Sewell Cadillac-Chevrolet, Inc. and...
Strengthening Standards for Leave to Amend and Enforcement of Choice-of-Law Clauses: An Analysis of Smith v. EMC Corporation Introduction The case of George Michael Smith v. EMC Corporation (393 F.3d...
Porter v. Ascension Parish School Board: Defining First Amendment Protections for Off-Campus Student Speech and Qualified Immunity for School Officials Introduction Porter v. Ascension Parish School...
Affirmation of Daubert Standards in Eighth Amendment Causation Claims: Burleson v. Texas Dept. of Criminal Justice Introduction Raymond Burleson, an inmate within the Texas Department of Criminal...
Clarifying the Application of the Berry Test in Rule 33 Motions Introduction In the case of United States of America v. Richard E. Wall (389 F.3d 457), the United States Court of Appeals for the...
Affirmation of Prison Religious Accommodation Standards under RLUIPA: Adkins v. Kaspar Introduction In Donald M. Adkins v. Don Kaspar, et al., the United States Court of Appeals for the Fifth Circuit...
Expansion of Maritime Liens: Inclusion of Subfreights in "All Freights" Clause Introduction In the landmark case of CHEMBULK TRADING LLC v. CHEMEX LTD., the United States Court of Appeals for the...
Carrieri v. Jobs.com Inc.: Defining Equity Securities in Bankruptcy Proceedings Introduction Carrieri v. Jobs.com Inc., 393 F.3d 508 (5th Cir. 2004), is a landmark case from the United States Court...
Appellate Review of Discovery Orders Directed at Non-Parties in Ancillary Proceedings: A New Precedent in the Fifth Circuit Introduction The case of Ken WIWA, Indigo v. Royal Dutch Petroleum Company...