5th Circuit Case Commentaries

Strict Enforcement of 'Owned, Rented, or Occupied' Exclusions in Umbrella Insurance Policies: Pioneer Exploration v. Steadfast Insurance

Date: Sep 23, 2014

Strict Enforcement of 'Owned, Rented, or Occupied' Exclusions in Umbrella Insurance Policies: Pioneer Exploration v. Steadfast Insurance Introduction In the appellate case of Pioneer Exploration,...

Establishing Adverse Employment Action Through Diminished Job Responsibilities: Thompson v. City of Waco

Date: Sep 4, 2014

Establishing Adverse Employment Action Through Diminished Job Responsibilities: Thompson v. City of Waco Introduction Allen Thompson v. City of Waco, Texas is a pivotal case adjudicated by the United...

Restricting Bankruptcy Court Jurisdiction Over Non-Estate Property: Vantage Drilling Co. v. Stment Co.

Date: Sep 4, 2014

Restricting Bankruptcy Court Jurisdiction Over Non-Estate Property: Vantage Drilling Co. v. Stment Co. Introduction In the landmark case Vantage Drilling Company v. Stment Company Limited, the United...

Fields v. United States: Affirmation of Conviction and Denial of Certificate of Appealability

Date: Sep 3, 2014

Fields v. United States: Affirmation of Conviction and Denial of Certificate of Appealability Introduction The case of United States of America v. Sherman Lamont Fields (761 F.3d 443, 5th Cir. 2014)...

Limitations on Jury Trial Rights for Litigation Trusts in Bankruptcy Fraud Claims: U.S. Bank Nat. Assn. v. Verizon Communications, Inc.

Date: Sep 3, 2014

Limitations on Jury Trial Rights for Litigation Trusts in Bankruptcy Fraud Claims: U.S. Bank Nat. Assn. v. Verizon Communications, Inc. Introduction The case of U.S. Bank National Association,...

Reaffirming 'Cause and Prejudice' in Ineffective Assistance of Counsel Claims: Canales v. Stephens

Date: Aug 30, 2014

Reaffirming 'Cause and Prejudice' in Ineffective Assistance of Counsel Claims: Canales v. Stephens Introduction Anibal Canales, Jr. v. William Stephens is a landmark case adjudicated by the United...

Davis v. Fort Bend County: Strengthening Religious Accommodation Under Title VII

Date: Aug 27, 2014

Davis v. Fort Bend County: Strengthening Religious Accommodation Under Title VII Introduction In Davis v. Fort Bend County (765 F.3d 480, 5th Cir. 2014), Lois M. Davis, an IT Supervisor, challenged...

Federal Subject-Matter Jurisdiction under Section 301(a) of the LMRA: Houston Refining v. United Steel Workers

Date: Aug 26, 2014

Federal Subject-Matter Jurisdiction under Section 301(a) of the LMRA: Houston Refining v. United Steel Workers 1. Introduction The case of Houston Refining, L.P. v. United Steel, Paper and Forestry,...

Fifth Circuit Upholds Strict Standards for Certificates of Appealability in Capital Cases: Bernard and Vialva Denied

Date: Aug 12, 2014

Fifth Circuit Upholds Strict Standards for Certificates of Appealability in Capital Cases: Bernard and Vialva Denied Introduction In the landmark case of United States of America v. Brandon Bernard...

Qualified Immunity Affirmed in Excessive Force Appellate Decision

Date: Aug 8, 2014

Qualified Immunity Affirmed in Excessive Force Appellate Decision Troy Thompson v. Sheriff Ira A. Mercer and Palo Pinto County, United States Court of Appeals, Fifth Circuit, 2014 Introduction The...

Affirming Limits on First Amendment Rights to Immediate Access to Court Records: Sullo & Bobbitt v. Milner

Date: Aug 7, 2014

Affirming Limits on First Amendment Rights to Immediate Access to Court Records Introduction The case of Sullo & Bobbitt, P.L.L.C.; Barry L. Bobbitt, Plaintiffs–Appellants v. Stewart Milner, et al....

Personal Jurisdiction in International Business Disputes: Analysis of Special Industries, Inc. v. Zamil Group

Date: Aug 6, 2014

Personal Jurisdiction in International Business Disputes: Analysis of Special Industries, Inc. v. Zamil Group Introduction The case of Special Industries, Incorporated (“SII”) versus Zamil Group...

Massi v. United States: Extending the Good Faith Exception in Prolonged Detentions

Date: Aug 2, 2014

Massi v. United States: Extending the Good Faith Exception in Prolonged Detentions Introduction Massi v. United States, 761 F.3d 512 (5th Cir. 2014), is a pivotal case adjudicated by the United...

Enforcement of Acceleration Clauses in Settlement Agreements under Louisiana Law: Celtic Marine Corp. v. James C. Justice Companies, Inc.

Date: Jul 30, 2014

Enforcement of Acceleration Clauses in Settlement Agreements under Louisiana Law: Celtic Marine Corp. v. James C. Justice Companies, Inc. Introduction In the landmark case Celtic Marine Corporation...

Wells Fargo Foreclosure Practices Affirmed: Comprehensive Legal Commentary

Date: Jul 29, 2014

Wells Fargo Foreclosure Practices Affirmed: Comprehensive Legal Commentary Introduction In the case of Robinsons v. Wells Fargo Bank, N.A.; Federal Home Loan Mortgage Corporation, the United States...

Affirmation of Conspiracy Convictions and Sentencing Enhancements in U.S. v. Wallace & Blocker: Interpretation of Rule 404(b) and § 851(a)

Date: Jul 19, 2014

Affirmation of Conspiracy Convictions and Sentencing Enhancements in U.S. v. Wallace & Blocker: Interpretation of Rule 404(b) and § 851(a) Introduction The case of United States of America v. Michael...

Excessive Force and Bystander Liability under 42 U.S.C. § 1983: New Precedent Established by Denise Kitchen v. Dallas County

Date: Jul 18, 2014

Excessive Force and Bystander Liability under 42 U.S.C. § 1983: New Precedent Established by Denise Kitchen v. Dallas County Introduction The case of Denise Kitchen, Individually and as...

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