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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

Broad Interpretation of 26 U.S.C. § 7212(a): Upholding Tax Obstruction Convictions Independent of Pending IRS Actions

Broad Interpretation of 26 U.S.C. § 7212(a): Upholding Tax Obstruction Convictions Independent of Pending IRS Actions

Date: May 25, 2017
Broad Interpretation of 26 U.S.C. § 7212(a): Upholding Tax Obstruction Convictions Independent of Pending IRS Actions Introduction The case of United States of America v. Tamny Denise Westbrooks,...
Partial Dismissals and the PLRA: Clarifying the Scope of Section 1915(g) Strikes

Partial Dismissals and the PLRA: Clarifying the Scope of Section 1915(g) Strikes

Date: May 16, 2017
Partial Dismissals and the PLRA: Clarifying the Scope of Section 1915(g) Strikes Introduction The case of Eddie Joseph Brown v. April Megg, Dr. Ron Woodall, Wexford Health (857 F.3d 287, 5th Cir....
Affirmation of Monell Standards in Municipal Liability: Fuentes v. Nueces County

Affirmation of Monell Standards in Municipal Liability: Fuentes v. Nueces County

Date: Apr 28, 2017
Affirmation of Monell Standards in Municipal Liability: Fuentes v. Nueces County Introduction In the case of Fuentes v. Nueces County, the United States Court of Appeals for the Fifth Circuit...
Fifth Circuit Refines Standards on Qualified Immunity for Unlawful Detention, False Arrest, and Excessive Force Claims

Fifth Circuit Refines Standards on Qualified Immunity for Unlawful Detention, False Arrest, and Excessive Force Claims

Date: Apr 19, 2017
Disclaimer: This commentary is intended for informational purposes only and does not constitute legal advice. For legal assistance, consult a qualified attorney. Fifth Circuit Refines Standards on...
Appellate Jurisdiction in Arbitration: Bordelon Marine LLC v. Bibby Subsea ROV LLC

Appellate Jurisdiction in Arbitration: Bordelon Marine LLC v. Bibby Subsea ROV LLC

Date: Apr 15, 2017
Appellate Jurisdiction in Arbitration: Bordelon Marine LLC v. Bibby Subsea ROV LLC Introduction In the landmark case of Bordelon Marine, L.L.C. v. Bibby Subsea ROV, L.L.C., adjudicated by the United...
Reaffirming Employers' Duty to Supply Necessary Instrumentalities in Customary Work and Correct Procedural Reconsideration Standards: Austin v. Kroger Texas, L.P.

Reaffirming Employers' Duty to Supply Necessary Instrumentalities in Customary Work and Correct Procedural Reconsideration Standards: Austin v. Kroger Texas, L.P.

Date: Apr 15, 2017
Reaffirming Employers' Duty to Supply Necessary Instrumentalities in Customary Work and Correct Procedural Reconsideration Standards: Austin v. Kroger Texas, L.P. Introduction In the landmark case of...
Two-Day Suspension Not a Materially Adverse Action in Title VII Retaliation Claims: Ja v. er Cabral

Two-Day Suspension Not a Materially Adverse Action in Title VII Retaliation Claims: Ja v. er Cabral

Date: Apr 11, 2017
Two-Day Suspension Not a Materially Adverse Action in Title VII Retaliation Claims: Ja v. er Cabral Introduction In the case of Ja v. er Cabral, the United States Court of Appeals for the Fifth...
Strict Compliance with Employer’s FMLA Procedures Upheld: Insights from Lonny Acker v. General Motors

Strict Compliance with Employer’s FMLA Procedures Upheld: Insights from Lonny Acker v. General Motors

Date: Apr 11, 2017
Strict Compliance with Employer’s FMLA Procedures Upheld: Insights from Lonny Acker v. General Motors Introduction The case of Lonny Acker v. General Motors, L.L.C. (853 F.3d 784) adjudicated by the...
Excessive Force in Minor Traffic Stop: Hanks v. Rogers

Excessive Force in Minor Traffic Stop: Hanks v. Rogers

Date: Apr 6, 2017
Excessive Force in Minor Traffic Stop: Hanks v. Rogers Introduction The case of Marcus Hanks v. Officer Randall Rogers centers on the application of excessive force by a police officer during a minor...
Standing Doctrine Reinforced in Moore v. Bryant: Implications for Equal Protection Claims

Standing Doctrine Reinforced in Moore v. Bryant: Implications for Equal Protection Claims

Date: Apr 1, 2017
Standing Doctrine Reinforced in Moore v. Bryant: Implications for Equal Protection Claims Introduction The case of Carlos E. Moore v. Governor Dewey Phillip Bryant addresses significant questions...
Reaffirming Burden of Proof in Maritime Tort Claims: Analysis of In re Louisiana Crawfish Producers

Reaffirming Burden of Proof in Maritime Tort Claims: Analysis of In re Louisiana Crawfish Producers

Date: Mar 29, 2017
Reaffirming Burden of Proof in Maritime Tort Claims: Analysis of In re Louisiana Crawfish Producers (852 F.3d 456) Introduction The case of In re Louisiana Crawfish Producers (852 F.3d 456), decided...
Enhancing Habeas Corpus Appealability: Fifth Circuit Establishes New Standards on Mitigating Evidence and Batson Claims

Enhancing Habeas Corpus Appealability: Fifth Circuit Establishes New Standards on Mitigating Evidence and Batson Claims

Date: Mar 28, 2017
Enhancing Habeas Corpus Appealability: Fifth Circuit Establishes New Standards on Mitigating Evidence and Batson Claims Introduction The case of Rick Allen Rhoades v. Lorie Davis, adjudicated by the...
Deemed Allowed Claims in No-Asset Bankruptcy Cases: Insights from KIPP Flores Architects v. Mid-Continent Casualty Co.

Deemed Allowed Claims in No-Asset Bankruptcy Cases: Insights from KIPP Flores Architects v. Mid-Continent Casualty Co.

Date: Mar 25, 2017
Deemed Allowed Claims in No-Asset Bankruptcy Cases: Insights from KIPP Flores Architects v. Mid-Continent Casualty Co. Introduction The legal landscape of bankruptcy proceedings often presents...
Federal Subject Matter Jurisdiction in Structured Settlement Funding Disputes: Comprehensive Analysis of Settlement Funding LLC v. Rapid Settlements Ltd.

Federal Subject Matter Jurisdiction in Structured Settlement Funding Disputes: Comprehensive Analysis of Settlement Funding LLC v. Rapid Settlements Ltd.

Date: Mar 23, 2017
Federal Subject Matter Jurisdiction in Structured Settlement Funding Disputes: Comprehensive Analysis of Settlement Funding LLC v. Rapid Settlements Ltd. Introduction The case of Settlement Funding,...
Federal Preemption of State Workers' Compensation in Air Ambulance Services: EX PARTE YOUNG's Equitable Exception Applied

Federal Preemption of State Workers' Compensation in Air Ambulance Services: EX PARTE YOUNG's Equitable Exception Applied

Date: Mar 21, 2017
Federal Preemption of State Workers' Compensation in Air Ambulance Services: EX PARTE YOUNG's Equitable Exception Applied Introduction The case of Air Evac EMS, Incorporated v. State of Texas...
Exhaustion of Administrative Remedies in Subsumed Disability Discrimination Claims: Ruiz v. Brennan Establishes Fifth Circuit Precedent

Exhaustion of Administrative Remedies in Subsumed Disability Discrimination Claims: Ruiz v. Brennan Establishes Fifth Circuit Precedent

Date: Mar 17, 2017
Exhaustion of Administrative Remedies in Subsumed Disability Discrimination Claims: Ruiz v. Brennan Establishes Fifth Circuit Precedent Introduction In Ruiz v. Brennan, the United States Court of...
5th Circuit Clarifies Standards for Damages in Trademark Infringement: Affirmation of Infringement with Vacated Damages in Streamline Production Systems, Inc. v. Streamline Manufacturing, Inc.

5th Circuit Clarifies Standards for Damages in Trademark Infringement: Affirmation of Infringement with Vacated Damages in Streamline Production Systems, Inc. v. Streamline Manufacturing, Inc.

Date: Mar 17, 2017
5th Circuit Clarifies Standards for Damages in Trademark Infringement: Affirmation of Infringement with Vacated Damages in Streamline Production Systems, Inc. v. Streamline Manufacturing, Inc....
Affirmation of Summary Judgment in Title VII Discrimination Case: Alkhawaldeh v. Dow Chemical Company

Affirmation of Summary Judgment in Title VII Discrimination Case: Alkhawaldeh v. Dow Chemical Company

Date: Mar 16, 2017
Affirmation of Summary Judgment in Title VII Discrimination Case: Alkhawaldeh v. Dow Chemical Company Introduction The case of Ammar Alkhawaldeh v. Dow Chemical Company (851 F.3d 422) addresses...
Affirming the "Qualified Individual" Standard under the ADA in Employment Discrimination Claims

Affirming the "Qualified Individual" Standard under the ADA in Employment Discrimination Claims

Date: Mar 16, 2017
Affirming the "Qualified Individual" Standard under the ADA in Employment Discrimination Claims Introduction The case of Robert E. Moss v. Harris County Constable Precinct One, 851 F.3d 413 (5th Cir....
AFFIRMING CONTINUED APPLICATION OF THE CONTINUING VIOLATION DOCTRINE POST-MORGAN IN HOSTILE WORK ENVIRONMENT CLAIMS: HEATH V. BOARD OF SUPERVISORS FOR SOUTHERN UNIVERSITY

AFFIRMING CONTINUED APPLICATION OF THE CONTINUING VIOLATION DOCTRINE POST-MORGAN IN HOSTILE WORK ENVIRONMENT CLAIMS: HEATH V. BOARD OF SUPERVISORS FOR SOUTHERN UNIVERSITY

Date: Mar 9, 2017
Affirming Continued Application of the Continuing Violation Doctrine Post-Morgan in Hostile Work Environment Claims: Heath v. Board of Supervisors for Southern University Introduction The case of...
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