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  • Commentaries
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5th Circuit Case Commentaries

Refining Conspiracy Liability and Evidence Spoliation in Pill Mill Cases

Refining Conspiracy Liability and Evidence Spoliation in Pill Mill Cases

Date: Mar 19, 2025
Refining Conspiracy Liability and Evidence Spoliation in Pill Mill Cases Introduction In the case of United States of America v. Andres Martinez, Jr. and Dr. Oscar Lightner, the Fifth Circuit Court...
Residual Functional Capacity Evaluation: Integrating Objective Evidence with Subjective Complaints in Disability Determinations

Residual Functional Capacity Evaluation: Integrating Objective Evidence with Subjective Complaints in Disability Determinations

Date: Mar 19, 2025
Residual Functional Capacity Evaluation: Integrating Objective Evidence with Subjective Complaints in Disability Determinations Introduction This commentary examines the recent judgment in the case...
New Precedent on Frivolity Dismissals in IFP Litigation and Limitations on FCRA Private Enforcement

New Precedent on Frivolity Dismissals in IFP Litigation and Limitations on FCRA Private Enforcement

Date: Mar 19, 2025
New Precedent on Frivolity Dismissals in IFP Litigation and Limitations on FCRA Private Enforcement Introduction This commentary provides an in-depth analysis of the United States Court of Appeals...
Limiting the Scope of the Declaratory Judgment Act in Stowers Duty Claims

Limiting the Scope of the Declaratory Judgment Act in Stowers Duty Claims

Date: Mar 19, 2025
Limiting the Scope of the Declaratory Judgment Act in Stowers Duty Claims Introduction The case of Golden Bear Insurance Company v. 34th S&S, L.L.C. (dba Concrete Cowboy) et al. presents a dispute...
Clarifying "Party Aggrieved" under the IDEA and Restricting Post-Hearing Judicial Review

Clarifying "Party Aggrieved" under the IDEA and Restricting Post-Hearing Judicial Review

Date: Mar 19, 2025
Clarifying "Party Aggrieved" under the IDEA and Restricting Post-Hearing Judicial Review Introduction In this influential decision from the Fifth Circuit, R.W., a student with special education...
Indefinite Tolling Extensions Are Unenforceable Under Texas Law: A Critical Analysis of Chapoy v. Union Pacific

Indefinite Tolling Extensions Are Unenforceable Under Texas Law: A Critical Analysis of Chapoy v. Union Pacific

Date: Mar 19, 2025
Indefinite Tolling Extensions Are Unenforceable Under Texas Law: A Critical Analysis of Chapoy v. Union Pacific Introduction The United States Court of Appeals for the Fifth Circuit recently issued a...
Strict Compliance in Beneficiary Designations: Reinforcing Policy Terms Over Substantial Compliance

Strict Compliance in Beneficiary Designations: Reinforcing Policy Terms Over Substantial Compliance

Date: Mar 15, 2025
Strict Compliance in Beneficiary Designations: Reinforcing Policy Terms Over Substantial Compliance Introduction The recent decision in Allstate Life Insurance Company, Plaintiff-Appellee, v. Yvette...
Vacatur as a Remedy for Conflicted Adjudication: New Precedents in NLRB Decision-Making and Collective Bargaining Conduct

Vacatur as a Remedy for Conflicted Adjudication: New Precedents in NLRB Decision-Making and Collective Bargaining Conduct

Date: Mar 15, 2025
Vacatur as a Remedy for Conflicted Adjudication: New Precedents in NLRB Decision-Making and Collective Bargaining Conduct Introduction In the case of ExxonMobil Research & Engineering Company,...
Reinforcing the Burden-Shifting Paradigm under the TCHRA: A Cautionary Affirmation of Summary Judgment Standards

Reinforcing the Burden-Shifting Paradigm under the TCHRA: A Cautionary Affirmation of Summary Judgment Standards

Date: Mar 14, 2025
Reinforcing the Burden-Shifting Paradigm under the TCHRA: A Cautionary Affirmation of Summary Judgment Standards Introduction This commentary analyzes the recent United States Court of Appeals for...
Balancing Individual Rights and Officer Discretion: A New Precedent on Qualified Immunity and Fourth Amendment Enforcement in Officer-Involved Shootings

Balancing Individual Rights and Officer Discretion: A New Precedent on Qualified Immunity and Fourth Amendment Enforcement in Officer-Involved Shootings

Date: Mar 14, 2025
Balancing Individual Rights and Officer Discretion: A New Precedent on Qualified Immunity and Fourth Amendment Enforcement in Officer-Involved Shootings Introduction In the case of Tracy Langiano v....
Delegated Authority in Arbitration: Redefining Class Arbitrability and Non‐Signatory Boundaries

Delegated Authority in Arbitration: Redefining Class Arbitrability and Non‐Signatory Boundaries

Date: Mar 14, 2025
Delegated Authority in Arbitration: Redefining Class Arbitrability and Non‐Signatory Boundaries Introduction This commentary reviews the landmark decision in Scott Sullivan; Frank Dellacroce; St....
New Clarifications on the Applicability of Summary Judgment in Tortious Interference and Trade Secrets Cases

New Clarifications on the Applicability of Summary Judgment in Tortious Interference and Trade Secrets Cases

Date: Mar 14, 2025
New Clarifications on the Applicability of Summary Judgment in Tortious Interference and Trade Secrets Cases Introduction The case of Cloud49, L.L.C. v. Rackspace Technology, Incorporated; CapGemini...
Qualified Immunity Upheld in Exigent Arrests: Defining the Limits of ADA and Section 504 in On-the-Scene Responses

Qualified Immunity Upheld in Exigent Arrests: Defining the Limits of ADA and Section 504 in On-the-Scene Responses

Date: Mar 14, 2025
Qualified Immunity Upheld in Exigent Arrests: Defining the Limits of ADA and Section 504 in On-the-Scene Responses Introduction The recent decision in the case of Chelsie Cierra Rubin and Cameron...
Clarifying Appellate Scope: The Belton Precedent on Post-Judgment Motions and Notice of Appeal

Clarifying Appellate Scope: The Belton Precedent on Post-Judgment Motions and Notice of Appeal

Date: Mar 13, 2025
Clarifying Appellate Scope: The Belton Precedent on Post-Judgment Motions and Notice of Appeal Introduction The United States Court of Appeals for the Fifth Circuit rendered a critical decision on...
Strict Adherence to EEOC Exhaustion Deadlines under Title VII: A New Judicial Precedent

Strict Adherence to EEOC Exhaustion Deadlines under Title VII: A New Judicial Precedent

Date: Mar 13, 2025
Strict Adherence to EEOC Exhaustion Deadlines under Title VII: A New Judicial Precedent Introduction The judgment in Dr. Kay Morgan, Plaintiff-Appellant, v. Dr. Marty Bray; Mississippi State...
Note Follows the Deed: Affirming Foreclosure Standing and Establishing Equitable Redemption Requirements under Texas Law

Note Follows the Deed: Affirming Foreclosure Standing and Establishing Equitable Redemption Requirements under Texas Law

Date: Mar 13, 2025
Note Follows the Deed: Affirming Foreclosure Standing and Establishing Equitable Redemption Requirements under Texas Law Introduction The United States Court of Appeals for the Fifth Circuit, in...
ERISA Preemption and State-Wage Claims: Insights from Broussard v. ExxonMobil

ERISA Preemption and State-Wage Claims: Insights from Broussard v. ExxonMobil

Date: Mar 13, 2025
ERISA Preemption and State-Wage Claims: Insights from Broussard v. ExxonMobil Introduction The case of Jason Broussard, Plaintiff-Appellant, versus Exxon Mobil Corporation, Defendant-Appellee,...
Clarifying the Burden of Proof in All‐Risk Homeowners’ Insurance Claims: The Barger v. State Farm Precedent

Clarifying the Burden of Proof in All‐Risk Homeowners’ Insurance Claims: The Barger v. State Farm Precedent

Date: Mar 11, 2025
Clarifying the Burden of Proof in All‐Risk Homeowners’ Insurance Claims: The Barger v. State Farm Precedent Introduction In the recent United States Court of Appeals, Fifth Circuit decision, Mark...
Affirming Authentic Transfers and the Corporate Veil: A New Benchmark in Real Property and Partnership Disputes

Affirming Authentic Transfers and the Corporate Veil: A New Benchmark in Real Property and Partnership Disputes

Date: Mar 11, 2025
Affirming Authentic Transfers and the Corporate Veil: A New Benchmark in Real Property and Partnership Disputes Introduction In the case of Suzanne Wimsatt, Plaintiff-Appellant, v. Nidal Jaber,...
Establishing the Limits of Deliberate Indifference Claims for Pretrial Detainees

Establishing the Limits of Deliberate Indifference Claims for Pretrial Detainees

Date: Mar 11, 2025
Establishing the Limits of Deliberate Indifference Claims for Pretrial Detainees Introduction The case of Tracy Nixon, Plaintiff-Appellant, v. Dallas County, Texas, Defendant-Appellee, represents a...
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