United States v. Hicks: Upholding Firearms Possession Under §922(g)(8) and Restricting Collateral Challenges to Protective Orders Introduction United States of America v. Richard Hicks, 389 F.3d 514...
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...
Reaffirming Equal Treatment Under USERRA: Rogers v. City of San Antonio Introduction In the landmark case of Anthony Rogers et al. v. City of San Antonio, decided by the United States Court of...
Interdependence of Subject Matter Jurisdiction and Merits in FTCA Claims: Da v. d MONTEZ et al. Introduction In the landmark case of Da v. d MONTEZ, etc., et al., Plaintiffs, Rita Whitt, indi (392...
Fifth Circuit Defines Scope of Protected Speech in §1983 Retaliation Claims: DPS Promotion Case Introduction The case of Alan W. Alexander et al. v. Walter "Chaps" Eeds, III et al., decided by the...
MELTON v. DALLAS AREA RAPID TRANSIT: Clarifying ADA Compliance in Paratransit Services Introduction In MELTON v. DALLAS AREA RAPID TRANSIT, the United States Court of Appeals for the Fifth Circuit...
Qualified Immunity in Section 1983 Claims: Haggerty v. Texas Southern University Introduction The case of Michael Haggerty v. Texas Southern University et al. adjudicated by the United States Court...
Affirmation of Summary Judgment in Constructive Discharge and FMLA Claims: Haley v. Alliance Compressor LLC Introduction The case of Marilyn Haley v. Alliance Compressor LLC and Copeland Corp. (391...
No Discount for Beneficiaries' Income Tax Liability in Estate Tax Valuation: Estate of Smith v. United States Introduction In Estate of Smith v. United States, the United States Court of Appeals for...
Affirming EPSDT Coverage under §1983: S.D. v. Hood Establishes Right to Medically Necessary Incontinence Supplies Introduction The case S.D., by and through his next friend, Richard Dickson,...
Ambiguity in State Law Impacts Fraudulent Joinder Analysis in Removal Jurisdiction – Gray v. Beverly Enterprises-Mississippi, Inc. Introduction In the case of Letha M. Gray v. Beverly...
Deference to Arbitration Awards in ERISA Plan Disputes: Kergosien v. Ocean Energy Introduction In the landmark case of Kergosien et al. v. Ocean Energy, Inc., 390 F.3d 346 (5th Cir. 2004), the United...
Standing and the Dormant Commerce Clause: Insights from NSWMA v. Pine Belt Introduction The case of National Solid Waste Management Association; BFI Waste Systems of Mississippi LLC; Waste Management...
Jurisdictional Boundaries in Arbitration Orders: Fifth Circuit Establishes Non-Appealability of Administratively Closed Cases Introduction In the appellate case of Robert Rocco MIRE,...
A Comprehensive Analysis of Shields v. Twiss: Upholding Grand Jury Secrecy in Civil Rights Litigation Introduction In Shields v. Twiss, 389 F.3d 142 (5th Cir. 2004), the United States Court of...
Jurisdiction and Exhaustion Requirements in Asylum Appeals: Da v. Roy Decision Introduction The case of Da v. Roy, adjudicated by the United States Court of Appeals for the Fifth Circuit on October...
Younger Abstention Applied to Grand Jury Subpoenas in First Amendment Context—TAB v. Earle Introduction In TEXAS ASSOCIATION OF BUSINESS and William O. Hammond v. Ronald Earle, the United States...
Cumulative Brady Violations Justify New Trial in Excessive Force Conviction Introduction In United States of America v. David Sipe, 388 F.3d 471 (5th Cir. 2004), the United States Court of Appeals...
Affirmation of De Minimis Fair Use and Enforcement of Alter Ego Sanctions in COMPAQ Computer Corp. v. Ergonome Inc. Introduction The case of COMPAQ Computer Corporation v. Ergonome Incorporated...
Reaffirming Compactness and Opportunity Standards for Voting Rights Act §2: Sensley v. Albritton Introduction The case of Sensley et al. v. Albritton et al. (385 F.3d 591, United States Court of...