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  • Commentaries
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5th Circuit Case Commentaries

Adopting a Two-Pronged Test for Maritime Contracts: Insights from In Re Larry Doiron, Inc.

Adopting a Two-Pronged Test for Maritime Contracts: Insights from In Re Larry Doiron, Inc.

Date: Jan 9, 2018
Adopting a Two-Pronged Test for Maritime Contracts: Insights from In Re Larry Doiron, Inc. Introduction In Re: Larry Doiron, Incorporated is a pivotal case adjudicated by the United States Court of...
Butts v. BOP: Expanding Bivens Claims for Religious Freedom and Retaliation in Federal Prisons

Butts v. BOP: Expanding Bivens Claims for Religious Freedom and Retaliation in Federal Prisons

Date: Dec 9, 2017
Butts v. BOP: Expanding Bivens Claims for Religious Freedom and Retaliation in Federal Prisons 1. Introduction In Butts v. BOP, decided by the United States Court of Appeals for the Fifth Circuit on...
New Precedent in Health Care Fraud: United States v. Mansour Sanjar et al. (876 F.3d 725)

New Precedent in Health Care Fraud: United States v. Mansour Sanjar et al. (876 F.3d 725)

Date: Dec 1, 2017
New Precedent in Health Care Fraud: United States v. Mansour Sanjar et al. (876 F.3d 725) Introduction The case of United States of America v. Mansour Sanjar, Cyrus Sajadi, Chandra Nunn, Adam Main,...
Affirmation of Sentencing Enhancements in Financial Fraud: The Hernandez v. United States Case

Affirmation of Sentencing Enhancements in Financial Fraud: The Hernandez v. United States Case

Date: Nov 23, 2017
Affirmation of Sentencing Enhancements in Financial Fraud: The Hernandez v. United States Case Introduction The case of United States of America v. Maria Guadalupe Hernandez and Hilda Simental...
Fifth Circuit Limits Application of Rule 35(a) for Sentencing Corrections: United States v. Hankton

Fifth Circuit Limits Application of Rule 35(a) for Sentencing Corrections: United States v. Hankton

Date: Nov 17, 2017
Fifth Circuit Limits Application of Rule 35(a) for Sentencing Corrections: United States v. Hankton Introduction In the landmark case of United States of America v. Thomas Hankton et al., the United...
EEOC v. BDO USA: Clarifying the Boundaries of Attorney-Client Privilege in Employment Discrimination Investigations

EEOC v. BDO USA: Clarifying the Boundaries of Attorney-Client Privilege in Employment Discrimination Investigations

Date: Nov 17, 2017
EEOC v. BDO USA: Clarifying the Boundaries of Attorney-Client Privilege in Employment Discrimination Investigations Introduction The case of Equal Employment Opportunity Commission (EEOC) v. BDO USA,...
Reinforcing Qualified Immunity in § 1983 Claims: Melton v. Phillips

Reinforcing Qualified Immunity in § 1983 Claims: Melton v. Phillips

Date: Nov 14, 2017
Reinforcing Qualified Immunity in § 1983 Claims: Melton v. Phillips Introduction In the case of Michael David Melton v. Kelly D. Phillips, the United States Court of Appeals for the Fifth Circuit...
Good Faith Reliance Defense Affirmed for Verizon under the Stored Communications Act

Good Faith Reliance Defense Affirmed for Verizon under the Stored Communications Act

Date: Nov 14, 2017
Good Faith Reliance Defense Affirmed for Verizon under the Stored Communications Act Introduction In the case of Matthew Edward Alexander v. Verizon Wireless Services, L.L.C., the United States Court...
Title I Discrimination Under ADA: Windham v. Harris County, Texas

Title I Discrimination Under ADA: Windham v. Harris County, Texas

Date: Nov 14, 2017
Title I Discrimination Under ADA: Windham v. Harris County, Texas Introduction In Windham v. Harris County, the United States Court of Appeals for the Fifth Circuit addressed critical issues...
Qualified Immunity and Excessive Force: Insights from Erin Lincoln v. Turner

Qualified Immunity and Excessive Force: Insights from Erin Lincoln v. Turner

Date: Nov 1, 2017
Qualified Immunity and Excessive Force: Insights from Erin Lincoln v. Turner Introduction Erin Lincoln, Individually and as Representative of the Estate of John Lincoln v. Patrick Turner is a pivotal...
Affirmation of Eleventh Amendment Immunity in Suits Against State University Health Care Division

Affirmation of Eleventh Amendment Immunity in Suits Against State University Health Care Division

Date: Oct 7, 2017
Affirmation of Eleventh Amendment Immunity in Suits Against State University Health Care Division Introduction The case of Gloria A. Wiggins v. Louisiana State University - Health Care Services...
Res Judicata and Fee Awards Under FRCP 41(d) in Federal §1983 Claims: Portillo v. Cunningham

Res Judicata and Fee Awards Under FRCP 41(d) in Federal §1983 Claims: Portillo v. Cunningham

Date: Oct 7, 2017
Res Judicata and Fee Awards Under FRCP 41(d) in Federal §1983 Claims: Portillo v. Cunningham Introduction In JohnJay Portillo v. Gregory E. Cunningham, 872 F.3d 728 (5th Cir. 2017), the United States...
Waiver of Ineffective Assistance of Counsel Claims in Immigration Motions to Reopen: Lowe v. Sessions

Waiver of Ineffective Assistance of Counsel Claims in Immigration Motions to Reopen: Lowe v. Sessions

Date: Oct 6, 2017
Waiver of Ineffective Assistance of Counsel Claims in Immigration Motions to Reopen: Lowe v. Sessions Introduction Maria De Los Angeles Lowe, an immigrant from Mexico, challenged the decision of the...
Clarifying the Appointments Clause: FDIC Administrative Law Judges Classified as Inferior Officers

Clarifying the Appointments Clause: FDIC Administrative Law Judges Classified as Inferior Officers

Date: Sep 8, 2017
Clarifying the Appointments Clause: FDIC Administrative Law Judges Classified as Inferior Officers Introduction In Cornelius Campbell Burgess, Movant, v. Federal Deposit Insurance Corporation...
Affirmation of Res Judicata and Judicial Immunity in §1983 Retaliation Claims: Klein v. Walker (5th Cir. 2017)

Affirmation of Res Judicata and Judicial Immunity in §1983 Retaliation Claims: Klein v. Walker (5th Cir. 2017)

Date: Sep 6, 2017
Affirmation of Res Judicata and Judicial Immunity in §1983 Retaliation Claims: Klein v. Walker (5th Cir. 2017) Introduction In the landmark case Philip R. Klein v. Layne Walker, the United States...
Establishing Civil Service Status: Implications from Da v. D S. Maurer

Establishing Civil Service Status: Implications from Da v. D S. Maurer

Date: Sep 6, 2017
Establishing Civil Service Status: Implications from Da v. D S. Maurer Introduction The case of Da v. D S. Maurer (870 F.3d 380, United States Court of Appeals, Fifth Circuit, 2017) delves into...
Affirmation of Reasonable Strip Searches in Correctional Facilities under the Fourth Amendment

Affirmation of Reasonable Strip Searches in Correctional Facilities under the Fourth Amendment

Date: Sep 2, 2017
Affirmation of Reasonable Strip Searches in Correctional Facilities under the Fourth Amendment Introduction In the case of Freddie R. Lewis v. Secretary of Public Safety and Corrections et al. (870...
Body by Cook v. State Farm: Upholding Specificity in §1981 Discrimination Claims

Body by Cook v. State Farm: Upholding Specificity in §1981 Discrimination Claims

Date: Aug 25, 2017
Body by Cook v. State Farm: Upholding Specificity in §1981 Discrimination Claims Introduction Body by Cook, Inc., an African American-owned automotive repair shop, and its owner, Robert Cook,...
Fifth Circuit Clarifies Rule 60(b)(4) Criteria: Real-Party-in-Interest Challenges and Substituted Service

Fifth Circuit Clarifies Rule 60(b)(4) Criteria: Real-Party-in-Interest Challenges and Substituted Service

Date: Aug 23, 2017
Fifth Circuit Clarifies Rule 60(b)(4) Criteria: Real-Party-in-Interest Challenges and Substituted Service Introduction The case of Josh Norris and Jill Norris v. Karry Causey and Garry Causey centers...
Affirmation of State Actor Requirement for §1983 Claims: Moody v. Farrell

Affirmation of State Actor Requirement for §1983 Claims: Moody v. Farrell

Date: Aug 18, 2017
Affirmation of State Actor Requirement for §1983 Claims: Moody v. Farrell Introduction In the case of Angela Dawn Moody v. Scott Farrell, the United States Court of Appeals for the Fifth Circuit...
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