5th Circuit Case Commentaries

Fifth Circuit Establishes Bankruptcy Courts' Jurisdiction over Social Security Claims under 28 U.S.C. §1334

Date: Jul 26, 2019

Fifth Circuit Establishes Bankruptcy Courts' Jurisdiction over Social Security Claims under 28 U.S.C. §1334 Introduction In the case of Kenneth Wayne Benjamin v. United States of America, Social...

Unjust Enrichment Claims Require Demonstration of Specific Benefit or Loss: 5th Cir. Affirms Dismissal

Date: Jul 26, 2019

Unjust Enrichment Claims Require Demonstration of Specific Benefit or Loss: 5th Cir. Affirms Dismissal Introduction The case of Steve Elias v. Eliran Pilo centers on allegations of unjust enrichment...

Establishing Legitimate Grounds for Termination Over Interference Claims: The Tatum v. Southern Company Services Decision

Date: Jul 23, 2019

Establishing Legitimate Grounds for Termination Over Interference Claims: The Tatum v. Southern Company Services Decision Introduction Tatum v. Southern Company Services, Inc. (930 F.3d 709, 5th Cir....

Fifth Circuit Clarifies Non-Jurisdictional Nature of Notice to Appear Defects in Removal Proceedings

Date: Jul 19, 2019

Fifth Circuit Clarifies Non-Jurisdictional Nature of Notice to Appear Defects in Removal Proceedings Introduction In the case of Jordany Pierre-Paul v. William P. Barr, the petitioner, Jordany...

Strict Interpretation of Diversity of Citizenship under 28 U.S.C. § 1332: MidCap Media Finance v. Pathway Data

Date: Jul 10, 2019

Strict Interpretation of Diversity of Citizenship under 28 U.S.C. § 1332: MidCap Media Finance v. Pathway Data Introduction The case MidCap Media Finance, L.L.C. v. Pathway Data, Inc. (929 F.3d 310)...

Expansion of Defendants' Rights to Sentence Reductions Under the First Step Act: United States v. Cantu

Date: Jun 18, 2019

Expansion of Defendants' Rights to Sentence Reductions Under the First Step Act: United States v. Cantu Introduction United States of America v. Conrado Cantu is a landmark case decided by the United...

Bad-Faith Exception Upholds Federal Removal in Diversity Jurisdiction Cases

Date: Jun 11, 2019

Bad-Faith Exception Upholds Federal Removal in Diversity Jurisdiction Cases Introduction The case of Lindsey Hoyt, Indi v. Dually, and Independently as Administrator of the Estate of Jeffery Hoyt and...

Clarifying the Applicability of Rule 9(b) to Fraudulent Transfer Claims in Bankruptcy Proceedings: Life Partners Holdings Case

Date: Jun 1, 2019

Clarifying the Applicability of Rule 9(b) to Fraudulent Transfer Claims in Bankruptcy Proceedings: Life Partners Holdings Case Introduction The case of LIFE PARTNERS HOLDINGS, INCORPORATED Debtor....

Municipal Liability and Qualified Immunity in Webb v. Town of St. Joseph

Date: May 25, 2019

Municipal Liability and Qualified Immunity in Webb v. Town of St. Joseph Introduction Morgan Webb; Briana Webb, Plaintiffs - Appellants v. Town of St. Joseph; Edward L. Brown, Defendants - Appellees,...

Enhanced Plausibility Standard for Title VII Discrimination Claims: Cicalese & Rastellini v. UTMB

Date: May 17, 2019

Enhanced Plausibility Standard for Title VII Discrimination Claims: Cicalese & Rastellini v. UTMB Introduction The case of Luca Cicalese, M.D., and Cristiana Rastellini, M.D. v. The University of...

Enhancing Purposeful Availment Standards: Carmona v. Leo Ship Management

Date: May 11, 2019

Enhancing Purposeful Availment Standards: Carmona v. Leo Ship Management Introduction Carmona v. Leo Ship Management, Inc., 924 F.3d 190 (5th Cir. 2019), marks a significant development in the realm...

Affirming Limits on Municipal Liability: Garza v. City of Donna and the Standard for Subjective Deliberate Indifference under 42 U.S.C. §1983

Date: Apr 27, 2019

Affirming Limits on Municipal Liability: Garza v. City of Donna and the Standard for Subjective Deliberate Indifference under 42 U.S.C. §1983 Introduction In the landmark case Garza v. City of Donna,...

Afrirmation of Plausibility Standard for Qualified Immunity in Excessive Force Cases: Waller v. Springer & Kimbrough

Date: Apr 25, 2019

Affirmation of Plausibility Standard for Qualified Immunity in Excessive Force Cases: Waller v. Springer & Kimbrough Introduction Angie Waller, Indi v. Springer and Kimbrough is a pivotal case...

Affirmation of Subrogation Waiver for "Other Assureds" in Lloyd’s of London Insurance Policies

Date: Apr 18, 2019

Affirmation of Subrogation Waiver for "Other Assureds" in Lloyd’s of London Insurance Policies Introduction The case of Lloyd's Syndicate 457, et al. v. FloaTEC, L.L.C. adjudicated by the United...

Puga v. RCX Solutions: Establishing Limits on Consortium Damages and Settlement Credits in Motor Carrier Liability

Date: Apr 18, 2019

Puga v. RCX Solutions: Establishing Limits on Consortium Damages and Settlement Credits in Motor Carrier Liability Introduction The case of ALEXANDRO PUGA; NORMA PUGA v. RCX SOLUTIONS, INCORPORATED,...

Ironshore Subrogation and Arbitration: Fifth Circuit Sets New Precedent

Date: Apr 18, 2019

Ironshore Subrogation and Arbitration: Fifth Circuit Sets New Precedent 1. Introduction In the landmark case Halliburton Energy Services, Inc. v. Ironshore Specialty Insurance Company, the United...

Municipal Liability for Viewpoint Discrimination on Social Media: Robinson v. Hunt County

Date: Apr 16, 2019

Municipal Liability for Viewpoint Discrimination on Social Media: Robinson v. Hunt County Introduction In Robinson v. Hunt County, Deanna J. Robinson, the plaintiff, challenged the actions of Hunt...

Court Vacates EPA's Effluent Limitations for Legacy Wastewater and Leachate

Date: Apr 13, 2019

Court Vacates EPA's Effluent Limitations for Legacy Wastewater and Leachate Introduction The case of Southwestern Electric Power Company et al. v. United States Environmental Protection Agency (920...

Waste Management v. River Birch: Fifth Circuit Reinforces RICO Causation and Summary Judgment Standards

Date: Apr 11, 2019

Waste Management v. River Birch: Fifth Circuit Reinforces RICO Causation and Summary Judgment Standards Introduction Waste Management of Louisiana, L.L.C. Appellant, brought a civil action under the...

Affirmation of Dismissal in Fair Housing Act Discrimination Case: Inclusive Communities Project v. Lincoln Property Company

Date: Apr 10, 2019

Affirmation of Dismissal in Fair Housing Act Discrimination Case: Inclusive Communities Project v. Lincoln Property Company Introduction In the case of The Inclusive Communities Project, Incorporated...

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