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  • Commentaries
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5th Circuit Case Commentaries

Enforcement of Administrative Remedies and EEOC Charge Verification under Title VII: Insights from Ernst v. Methodist Hospital System

Enforcement of Administrative Remedies and EEOC Charge Verification under Title VII: Insights from Ernst v. Methodist Hospital System

Date: Jun 9, 2021
Enforcement of Administrative Remedies and EEOC Charge Verification under Title VII: Insights from Ernst v. Methodist Hospital System Introduction In the case of James Ernst v. Methodist Hospital...
Interpretation of ERISA Transfer Provisions Favors Insured: Miller v. Reliance Standard Life Insurance Co.

Interpretation of ERISA Transfer Provisions Favors Insured: Miller v. Reliance Standard Life Insurance Co.

Date: Jun 3, 2021
Interpretation of ERISA Transfer Provisions Favors Insured: Miller v. Reliance Standard Life Insurance Co. Introduction In the landmark case of Michael G. Miller v. Reliance Standard Life Insurance...
Fifth Circuit Upholds Limitation on Bivens Extension to First Amendment Retaliation Claims in Federal Prisons

Fifth Circuit Upholds Limitation on Bivens Extension to First Amendment Retaliation Claims in Federal Prisons

Date: Jun 3, 2021
Fifth Circuit Upholds Limitation on Bivens Extension to First Amendment Retaliation Claims in Federal Prisons Introduction In Max Ray Butler v. S. Porter et al. (999 F.3d 287, 2021), the United...
Litigation Conduct Determines Arbitration Waiver: Fifth Circuit Sets New Precedent

Litigation Conduct Determines Arbitration Waiver: Fifth Circuit Sets New Precedent

Date: May 29, 2021
Litigation Conduct Determines Arbitration Waiver: Fifth Circuit Sets New Precedent Introduction The case of International Energy Ventures Management, L.L.C. v. United Energy Group, Limited (999 F.3d...
Fifth Circuit Establishes Standing for TCPA Claims Based on Nuisance from Robotexts

Fifth Circuit Establishes Standing for TCPA Claims Based on Nuisance from Robotexts

Date: May 27, 2021
Fifth Circuit Establishes Standing for TCPA Claims Based on Nuisance from Robotexts Introduction In the landmark case of Lucas Cranor v. 5 Star Nutrition, L.L.C., the United States Court of Appeals...
Limits on Extending Bivens Claims: First Amendment Retaliation in Correctional Facilities

Limits on Extending Bivens Claims: First Amendment Retaliation in Correctional Facilities

Date: May 25, 2021
Limits on Extending Bivens Claims: First Amendment Retaliation in Correctional Facilities Introduction The case of Eric Watkins v. Three Administrative Remedy Coordinators of the Bureau of Prisons et...
Fifth Circuit Upholds Aggravated Felony Classification for Conspiracy to Commit Money Laundering under INA

Fifth Circuit Upholds Aggravated Felony Classification for Conspiracy to Commit Money Laundering under INA

Date: May 21, 2021
Fifth Circuit Upholds Aggravated Felony Classification for Conspiracy to Commit Money Laundering under INA Introduction In the case of Rajen Maniar v. Merrick Garland, U.S. Attorney General (998 F.3d...
Fifth Circuit Expands Antitrust and Trade Secret Protections in Conspiracy to Restrain Trade

Fifth Circuit Expands Antitrust and Trade Secret Protections in Conspiracy to Restrain Trade

Date: May 19, 2021
Fifth Circuit Expands Antitrust and Trade Secret Protections in Conspiracy to Restrain Trade Introduction The case of Academy of Allergy & Asthma in Primary Care; United Bloologics, L.L.C., doing...
Revisiting Qualified Immunity in Excessive Force Claims: The 5th Circuit’s Decision in Gregory V. Tucker v. City of Shreveport

Revisiting Qualified Immunity in Excessive Force Claims: The 5th Circuit’s Decision in Gregory V. Tucker v. City of Shreveport

Date: May 19, 2021
Revisiting Qualified Immunity in Excessive Force Claims: The 5th Circuit’s Decision in Gregory V. Tucker v. City of Shreveport Introduction In the landmark case of Gregory V. Tucker v. City of...
Pizarro Thomas v. United States: Establishing Nuances in Terry Stop and Frisk Standards

Pizarro Thomas v. United States: Establishing Nuances in Terry Stop and Frisk Standards

Date: May 18, 2021
Pizarro Thomas v. United States: Establishing Nuances in Terry Stop and Frisk Standards Introduction The case of United States of America v. Pizarro Thomas (997 F.3d 603) adjudicated by the United...
Affirmation of Bostock Principles in Title VII Transgender Discrimination Claims: Olivarez v. T-Mobile USA, Inc.

Affirmation of Bostock Principles in Title VII Transgender Discrimination Claims: Olivarez v. T-Mobile USA, Inc.

Date: May 15, 2021
Affirmation of Bostock Principles in Title VII Transgender Discrimination Claims: Olivarez v. T-Mobile USA, Inc. Introduction The case of Elijah Anthony Olivarez v. T-Mobile USA, Incorporated;...
Defining Seaman Status under the Jones Act: Extending the Substantial Connection Test

Defining Seaman Status under the Jones Act: Extending the Substantial Connection Test

Date: May 12, 2021
Defining Seaman Status under the Jones Act: Extending the Substantial Connection Test Introduction Case: Gilbert Sanchez, Plaintiff—Appellant, v. Smart Fabricators of Texas, L.L.C.,...
Clarence Bass v. United States: Affirmation of Reasonable Suspicion and Sentencing Enhancements under ACCA and Firearm Laws

Clarence Bass v. United States: Affirmation of Reasonable Suspicion and Sentencing Enhancements under ACCA and Firearm Laws

Date: May 12, 2021
Clarence Bass v. United States: Affirmation of Reasonable Suspicion and Sentencing Enhancements under ACCA and Firearm Laws Introduction Clarence Bass v. United States (996 F.3d 729, 2021) is a...
Pretext for Discrimination and Retaliation: Watkins v. Tregre Establishes Critical Protections Under Title VII and FMLA

Pretext for Discrimination and Retaliation: Watkins v. Tregre Establishes Critical Protections Under Title VII and FMLA

Date: May 8, 2021
Pretext for Discrimination and Retaliation: Watkins v. Tregre Establishes Critical Protections Under Title VII and FMLA Introduction In Denise Watkins v. Michael Tregre, heard by the United States...
Bailey v. Saul: Classification of Past Relevant Work in Social Security Disability Claims

Bailey v. Saul: Classification of Past Relevant Work in Social Security Disability Claims

Date: May 4, 2021
Bailey v. Saul: Classification of Past Relevant Work in Social Security Disability Claims Introduction In the case of Josephine Bailey v. Andrew M. Saul, Commissioner of Social Security, decided by...
DANA WHITE v. US CORRECTIONS LLC: Re-evaluating the Motor Carrier Act Exemption in FLSA Overtime Claims

DANA WHITE v. US CORRECTIONS LLC: Re-evaluating the Motor Carrier Act Exemption in FLSA Overtime Claims

Date: May 4, 2021
DANA WHITE v. US CORRECTIONS LLC: Re-evaluating the Motor Carrier Act Exemption in FLSA Overtime Claims Introduction In the landmark case Dana White, Individually and on Behalf of All Others...
Laufer v. Mann Hospitality: Standing Requirements under the ADA and Clarification on Fee Awards

Laufer v. Mann Hospitality: Standing Requirements under the ADA and Clarification on Fee Awards

Date: Apr 29, 2021
Laufer v. Mann Hospitality: Standing Requirements under the ADA and Clarification on Fee Awards Introduction In Deborah Laufer v. Mann Hospitality, LLC, 996 F.3d 269 (5th Cir. 2021), the United...
Fifth Circuit Clarifies District Courts' Discretion in Compassionate Release under First Step Act

Fifth Circuit Clarifies District Courts' Discretion in Compassionate Release under First Step Act

Date: Apr 29, 2021
Fifth Circuit Clarifies District Courts' Discretion in Compassionate Release under First Step Act Introduction In United States of America v. Fred Joseph Cooper, 996 F.3d 283 (5th Cir. 2021), the...
Exclusion of Qualified Immunity for Private Mental Health Professionals in Correctional Settings: Insights from Kathy R. Sanchez v. Natalee G. Oliver

Exclusion of Qualified Immunity for Private Mental Health Professionals in Correctional Settings: Insights from Kathy R. Sanchez v. Natalee G. Oliver

Date: Apr 27, 2021
Exclusion of Qualified Immunity for Private Mental Health Professionals in Correctional Settings: Insights from Kathy R. Sanchez v. Natalee G. Oliver Introduction The case of Kathy R. Sanchez v....
Implications of Racial Bias and Ineffective Counsel in Capital Murder Proceedings: Analysis of Thomas v. Lumpkin

Implications of Racial Bias and Ineffective Counsel in Capital Murder Proceedings: Analysis of Thomas v. Lumpkin

Date: Apr 24, 2021
Implications of Racial Bias and Ineffective Counsel in Capital Murder Proceedings: Analysis of Thomas v. Lumpkin Introduction The case of Andre Lee Thomas v. Bobby Lumpkin, directed by the Texas...
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