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  • Commentaries
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5th Circuit Case Commentaries

Affirmation of Sovereign Immunity under the Discretionary Function Exception: Joiner v. United States

Affirmation of Sovereign Immunity under the Discretionary Function Exception: Joiner v. United States

Date: Jan 11, 2020
Affirmation of Sovereign Immunity under the Discretionary Function Exception: Joiner v. United States Introduction In Bruce Joiner v. United States of America, 955 F.3d 399 (5th Cir. 2020), the...
Affirmation of Employer's Right to Offer Reasonable Accommodations in Religious Discrimination Claims

Affirmation of Employer's Right to Offer Reasonable Accommodations in Religious Discrimination Claims

Date: Jan 10, 2020
Affirmation of Employer's Right to Offer Reasonable Accommodations in Religious Discrimination Claims Introduction In the case of Brett Horvath, Plaintiff - Appellant v. City of Leander, Texas; Bill...
section 412 of the Copyright Act Bars Statutory Damages for Multi-Phase Infringements: 
    Southern Credentialing Support Services v. Hammond Surgical Hospital

section 412 of the Copyright Act Bars Statutory Damages for Multi-Phase Infringements: Southern Credentialing Support Services v. Hammond Surgical Hospital

Date: Jan 10, 2020
section 412 of the Copyright Act Bars Statutory Damages for Multi-Phase Infringements: Southern Credentialing Support Services v. Hammond Surgical Hospital Introduction The case of Southern...
Flecha v. Medicredit: Enhanced Scrutiny for Class Certification under Rule 23 in FDCPA Litigation

Flecha v. Medicredit: Enhanced Scrutiny for Class Certification under Rule 23 in FDCPA Litigation

Date: Jan 9, 2020
Flecha v. Medicredit: Enhanced Scrutiny for Class Certification under Rule 23 in FDCPA Litigation Introduction In the case of Nina Flecha, on behalf of herself and all others similarly situated v....
Affirmation of Arbitration Award: Jurisdiction under the New York Convention and the Scope of Equitable Relief

Affirmation of Arbitration Award: Jurisdiction under the New York Convention and the Scope of Equitable Relief

Date: Jan 8, 2020
Affirmation of Arbitration Award: Jurisdiction under the New York Convention and the Scope of Equitable Relief Introduction In the landmark case Soaring Wind Energy, L.L.C. et al. v. CATIC USA...
Reversal of Summary Judgment on ADA Accommodation Claims in Correctional Facilities: Cadena v. El Paso County

Reversal of Summary Judgment on ADA Accommodation Claims in Correctional Facilities: Cadena v. El Paso County

Date: Jan 4, 2020
Reversal of Summary Judgment on ADA Accommodation Claims in Correctional Facilities: Cadena v. El Paso County Introduction In the landmark case of April Cadena v. El Paso County, 946 F.3d 717 (5th...
Standing in First Amendment Challenges to Monument Removal: An Analysis of McMahon v. Fenves

Standing in First Amendment Challenges to Monument Removal: An Analysis of McMahon v. Fenves

Date: Jan 4, 2020
Standing in First Amendment Challenges to Monument Removal: An Analysis of McMahon v. Fenves Introduction The case of McMahon v. Fenves consolidated with Brewer v. Nirenberg represents a significant...
Affirmation of Revocation Sentence Despite Improper Reliance on Bare Allegations

Affirmation of Revocation Sentence Despite Improper Reliance on Bare Allegations

Date: Jan 4, 2020
Affirmation of Revocation Sentence Despite Improper Reliance on Bare Allegations Introduction The case of United States of America v. Anthony Ray Foley, 946 F.3d 681 (5th Cir. 2020), presents a...
Affirmation of Qualified Immunity in Eighth and First Amendment Claims: Petzold v. Rostollan

Affirmation of Qualified Immunity in Eighth and First Amendment Claims: Petzold v. Rostollan

Date: Dec 28, 2019
Affirmation of Qualified Immunity in Eighth and First Amendment Claims: Petzold v. Rostollan Introduction Petzold v. Rostollan (946 F.3d 242) is a pivotal case decided by the United States Court of...
Negligent Leadership of Public Protests: Establishing Organizer Liability for Resulting Violence

Negligent Leadership of Public Protests: Establishing Organizer Liability for Resulting Violence

Date: Dec 17, 2019
Negligent Leadership of Public Protests: Establishing Organizer Liability for Resulting Violence Introduction The case of Officer John Doe v. DeRay McKesson; Black Lives Matter; Black Lives Matter...
Resentencing Discretion under the First Step Act: Analysis of United States v. Jackson

Resentencing Discretion under the First Step Act: Analysis of United States v. Jackson

Date: Dec 17, 2019
Resentencing Discretion under the First Step Act: Analysis of United States v. Jackson Introduction The case United States of America v. Odis Lee Jackson, 945 F.3d 315 (5th Cir. 2019), addresses...
Williams v. BP: Upholding Strict Enforcement of Federal Rules for Expert Testimony and Disclosure

Williams v. BP: Upholding Strict Enforcement of Federal Rules for Expert Testimony and Disclosure

Date: Dec 6, 2019
Williams v. BP: Upholding Strict Enforcement of Federal Rules for Expert Testimony and Disclosure Introduction The case of Benjamin James Williams v. BP Exploration & Production, Inc., et al. was...
EX PARTE YOUNG Exception Clarified in City of Austin v. Paxton: Strengthening Sovereign Immunity Protections

EX PARTE YOUNG Exception Clarified in City of Austin v. Paxton: Strengthening Sovereign Immunity Protections

Date: Dec 5, 2019
EX PARTE YOUNG Exception Clarified in City of Austin v. Paxton: Strengthening Sovereign Immunity Protections Introduction In the litigation titled City of Austin, Plaintiff-Appellee v. Ken Paxton,...
Denial of Venue Transfer in Patent Infringement Case: QUEST NETTECH v. APPLE Establishes Guidelines Under 28 U.S.C. § 1404(a)

Denial of Venue Transfer in Patent Infringement Case: QUEST NETTECH v. APPLE Establishes Guidelines Under 28 U.S.C. § 1404(a)

Date: Nov 28, 2019
Denial of Venue Transfer in Patent Infringement Case: QUEST NETTECH Corporation v. Apple, Inc. Establishes Guidelines Under 28 U.S.C. § 1404(a) Introduction In the case of Quest NetTech Corporation...
Exhaustion of Insurer's Duty to Defend via 'Covenant Not to Execute': Fifth Circuit Affirms Under Texas and Louisiana Law

Exhaustion of Insurer's Duty to Defend via 'Covenant Not to Execute': Fifth Circuit Affirms Under Texas and Louisiana Law

Date: Nov 12, 2019
Exhaustion of Insurer's Duty to Defend via 'Covenant Not to Execute': Fifth Circuit Affirms Under Texas and Louisiana Law Introduction The case of Aggreko, L.L.C. v. Chartis Specialty Insurance...
Maritime Jurisdiction Clarified: Centaur, L.L.C. v. Barrios Establishes New Precedent

Maritime Jurisdiction Clarified: Centaur, L.L.C. v. Barrios Establishes New Precedent

Date: Nov 12, 2019
Maritime Jurisdiction Clarified: Centaur, L.L.C. v. Barrios Establishes New Precedent Introduction In the landmark case Devin Barrios v. Centaur, L.L.C., the United States Court of Appeals for the...
Unjust Enrichment Claims Require Well-Supported Allegations: Badeaux v. BP Exploration & Production

Unjust Enrichment Claims Require Well-Supported Allegations: Badeaux v. BP Exploration & Production

Date: Nov 6, 2019
Unjust Enrichment Claims Require Well-Supported Allegations: Badeaux v. BP Exploration & Production Introduction The case of BARRY J. BADEAUX, Plaintiff - Appellant v. BP EXPLORATION & PRODUCTION,...
Whistleblower Protections Limited to Post-Report Retaliations: Frye v. Anadarko Petroleum Corporation

Whistleblower Protections Limited to Post-Report Retaliations: Frye v. Anadarko Petroleum Corporation

Date: Nov 5, 2019
Whistleblower Protections Limited to Post-Report Retaliations: Frye v. Anadarko Petroleum Corporation Introduction In Lea S. Frye, Plaintiff - Appellant v. Anadarko Petroleum Corporation, Defendant -...
Affirmation of Summary Judgment in Welsh v. Fort Bend Independent School District: Adverse Employment Actions Defined

Affirmation of Summary Judgment in Welsh v. Fort Bend Independent School District: Adverse Employment Actions Defined

Date: Oct 31, 2019
Affirmation of Summary Judgment in Welsh v. Fort Bend Independent School District: Adverse Employment Actions Defined Introduction The case of Guadalupe A. Welsh v. Fort Bend Independent School...
Substantial Evidence Standard Upholds SSA Disability Denial in Conley-Clinton Case

Substantial Evidence Standard Upholds SSA Disability Denial in Conley-Clinton Case

Date: Oct 10, 2019
Substantial Evidence Standard Upholds SSA Disability Denial in Conley-Clinton Case Introduction The case of Tabatha R. Conley-Clinton v. Andrew M. Saul, Commissioner of Social Security presents a...
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