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  • Commentaries
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5th Circuit Case Commentaries

Affirmation of Standards for Title VII Gender Discrimination and Whistleblower Claims: Herster v. LSU

Affirmation of Standards for Title VII Gender Discrimination and Whistleblower Claims: Herster v. LSU

Date: Apr 5, 2018
Affirmation of Standards for Title VII Gender Discrimination and Whistleblower Claims: Herster v. LSU Introduction In Herster v. Board of Supervisors of Louisiana State University, the United States...
Affirmation of Limitations on Bank’s Duty to Non-Customers in Fraudulent Instrument Cases

Affirmation of Limitations on Bank’s Duty to Non-Customers in Fraudulent Instrument Cases

Date: Mar 28, 2018
Affirmation of Limitations on Bank’s Duty to Non-Customers in Fraudulent Instrument Cases Introduction The case of Midwest Feeders, Incorporated v. The Bank of Franklin (886 F.3d 507) presents...
Younger Abstention Reaffirmed: Limiting Federal Intervention in State Criminal Proceedings – Gates v. Strain

Younger Abstention Reaffirmed: Limiting Federal Intervention in State Criminal Proceedings – Gates v. Strain

Date: Mar 23, 2018
Younger Abstention Reaffirmed: Limiting Federal Intervention in State Criminal Proceedings – Gates v. Strain Introduction In Shane M. Gates v. Rodney Jack Strain, the United States Court of Appeals...
Enforceability of Non-Solicitation Agreements and Attorneys’ Fees under Texas Law: GE Betz, Inc. v. Moffitt-Johnston Analysis

Enforceability of Non-Solicitation Agreements and Attorneys’ Fees under Texas Law: GE Betz, Inc. v. Moffitt-Johnston Analysis

Date: Mar 14, 2018
Enforceability of Non-Solicitation Agreements and Attorneys’ Fees under Texas Law: GE Betz, Inc. v. Moffitt-Johnston Analysis Introduction The case of GE Betz, Inc., doing business as GE Water &...
Affirmation of Denial for Rule 60(b)(6) Motion in the Context of Legislative Mootness: Hall v. Louisiana

Affirmation of Denial for Rule 60(b)(6) Motion in the Context of Legislative Mootness: Hall v. Louisiana

Date: Mar 14, 2018
Affirmation of Denial for Rule 60(b)(6) Motion in the Context of Legislative Mootness: Hall v. Louisiana Introduction In the landmark case of Kenneth Hall and Byron Sharper, Intervenor...
Fifth Circuit Upholds Rule 16b-3(e) Exemptions in Short-Swing Insider Trading Claims

Fifth Circuit Upholds Rule 16b-3(e) Exemptions in Short-Swing Insider Trading Claims

Date: Mar 13, 2018
Fifth Circuit Upholds Rule 16b-3(e) Exemptions in Short-Swing Insider Trading Claims Introduction In the case of J. D. Jordan, Plaintiff - Appellant v. Robert C. Flexton, President and Chief...
Affirmation of Deliberate Indifference Standard for Eighth Amendment Bivens Claims: Carlucci v. Chapa

Affirmation of Deliberate Indifference Standard for Eighth Amendment Bivens Claims: Carlucci v. Chapa

Date: Mar 10, 2018
Affirmation of Deliberate Indifference Standard for Eighth Amendment Bivens Claims: Carlucci v. Chapa Introduction In the landmark case of Carlucci v. Chapa, the United States Court of Appeals for...
Reaffirming the 'Deliberate Indifference' Standard in Inmate Medical Care: Galvan v. Calhoun County

Reaffirming the 'Deliberate Indifference' Standard in Inmate Medical Care: Galvan v. Calhoun County

Date: Feb 13, 2018
Reaffirming the 'Deliberate Indifference' Standard in Inmate Medical Care: Galvan v. Calhoun County Introduction The case of Jose Galvan v. Calhoun County addresses the critical issue of adequate...
Affirmation of Dismissal for Lack of Personal Jurisdiction in Captain Manjit Sangha v. Navig8 Ship Management

Affirmation of Dismissal for Lack of Personal Jurisdiction in Captain Manjit Sangha v. Navig8 Ship Management

Date: Feb 6, 2018
Affirmation of Dismissal for Lack of Personal Jurisdiction in Captain Manjit Sangha v. Navig8 Ship Management Private Limited Introduction The case of Captain Manjit Sangha v. Navig8 Ship Management...
Establishing Personal Jurisdiction over Fraud Claims through Intentional Misrepresentations: Trois v. Apple Tree Auction Center

Establishing Personal Jurisdiction over Fraud Claims through Intentional Misrepresentations: Trois v. Apple Tree Auction Center

Date: Feb 6, 2018
Establishing Personal Jurisdiction over Fraud Claims through Intentional Misrepresentations: Trois v. Apple Tree Auction Center Introduction The case of Charles J. Trois v. Apple Tree Auction Center,...
Affirmation of Campaign Finance Regulations: Zimmerman v. City of Austin

Affirmation of Campaign Finance Regulations: Zimmerman v. City of Austin

Date: Feb 2, 2018
Affirmation of Campaign Finance Regulations: Zimmerman v. City of Austin Introduction In Donald Zimmerman v. City of Austin, the United States Court of Appeals for the Fifth Circuit addressed...
Reversing Health Care Fraud Convictions: Enhanced Standards for Conspiracy and Fraud Evidence

Reversing Health Care Fraud Convictions: Enhanced Standards for Conspiracy and Fraud Evidence

Date: Jan 31, 2018
Reversing Health Care Fraud Convictions: Enhanced Standards for Conspiracy and Fraud Evidence Introduction In the case of United States of America v. Doctor Pramela Ganji; Elaine Davis (880 F.3d...
Reaffirming the Eggshell Skull Doctrine and Reevaluating Qualified Immunity in Excessive Force Cases: Darden v. City of Fort Worth

Reaffirming the Eggshell Skull Doctrine and Reevaluating Qualified Immunity in Excessive Force Cases: Darden v. City of Fort Worth

Date: Jan 25, 2018
Reaffirming the Eggshell Skull Doctrine and Reevaluating Qualified Immunity in Excessive Force Cases: Darden v. City of Fort Worth Introduction Darden v. City of Fort Worth is a pivotal case...
Impact of Mental Health on Credibility Determinations in Immigration Cases: Analysis of Jatinder Singh v. Jefferson B. Sessions, III

Impact of Mental Health on Credibility Determinations in Immigration Cases: Analysis of Jatinder Singh v. Jefferson B. Sessions, III

Date: Jan 24, 2018
Impact of Mental Health on Credibility Determinations in Immigration Cases: Analysis of Jatinder Singh v. Jefferson B. Sessions, III Introduction The case of Jatinder Singh v. Jefferson B. Sessions,...
Clarifying Statutory Elements and Proper Indictment Practices under 18 U.S.C. § 641: Insights from United States v. Fairley

Clarifying Statutory Elements and Proper Indictment Practices under 18 U.S.C. § 641: Insights from United States v. Fairley

Date: Jan 23, 2018
Clarifying Statutory Elements and Proper Indictment Practices under 18 U.S.C. § 641: Insights from United States v. Fairley Introduction In United States of America v. Kenneth E. Fairley, 880 F.3d...
Substantial Evidence Affirms SSA Disability Denial Despite VA Rating in Garcia v. Berryhill

Substantial Evidence Affirms SSA Disability Denial Despite VA Rating in Garcia v. Berryhill

Date: Jan 23, 2018
Substantial Evidence Affirms SSA Disability Denial Despite VA Rating in Garcia v. Berryhill Introduction Garcia v. Berryhill is a notable case adjudicated by the United States Court of Appeals for...
Affirmation of Contractual Payment Obligations in Early Termination: Baywater Drilling v. Southwest Energy Partners

Affirmation of Contractual Payment Obligations in Early Termination: Baywater Drilling v. Southwest Energy Partners

Date: Jan 20, 2018
Affirmation of Contractual Payment Obligations in Early Termination: Baywater Drilling v. Southwest Energy Partners Introduction Baywater Drilling, L.L.C. ("Baywater") entered into a contractual...
Affirmation of Prison Policies on Inmate Transportation: Hill v. Walker et al.

Affirmation of Prison Policies on Inmate Transportation: Hill v. Walker et al.

Date: Jan 20, 2018
Affirmation of Prison Policies on Inmate Transportation: Hill v. Walker et al. Introduction The case of Merlin Dancey Hill v. Michael Walker and Others adjudicated by the United States Court of...
Broadening ADA Protections: 5th Circuit Vacates Summary Judgment in Williams v. Tarrant County College District

Broadening ADA Protections: 5th Circuit Vacates Summary Judgment in Williams v. Tarrant County College District

Date: Jan 19, 2018
Broadening ADA Protections: 5th Circuit Vacates Summary Judgment in Williams v. Tarrant County College District Introduction In the landmark case of Williams v. Tarrant County College District, the...
Strengthened Pleading Standards for § 1983 Excessive Force Claims in Peña v. Rio Grande City

Strengthened Pleading Standards for § 1983 Excessive Force Claims in Peña v. Rio Grande City

Date: Jan 13, 2018
Strengthened Pleading Standards for § 1983 Excessive Force Claims in Peña v. Rio Grande City Introduction The case of Maria V. Peña, Individually and as Next Friend of M.J.P. and a Minor; Daniel Peña...
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