5th Circuit Case Commentaries

United States v. Ebron: Fifth Circuit Affirms Death Sentence, Refines Juror Dismissal and Admissibility of Statements Against Penal Interest

Date: May 31, 2012

United States v. Ebron: Fifth Circuit Affirms Death Sentence, Refines Juror Dismissal and Admissibility of Statements Against Penal Interest Introduction The case of United States of America,...

Fifth Circuit Upholds Exhaustion of Remedies in OCSLA Judicial Review: Gulf Restoration Network v. Salazar

Date: May 31, 2012

Fifth Circuit Upholds Exhaustion of Remedies in OCSLA Judicial Review Introduction In the case of Gulf Restoration Network, Inc., Sierra Club, Inc., and the Center for Biological Diversity...

Affirming the Right to Self-Representation: Batchelor v. Cain and Its Implications

Date: May 30, 2012

Affirming the Right to Self-Representation: Batchelor v. Cain and Its Implications Introduction In Marshall Batchelor v. Burl Cain, 682 F.3d 400 (5th Cir. 2012), the United States Court of Appeals...

Patrick v. Wal-Mart: Establishing Timeliness in Bad Faith Workers' Compensation Claims

Date: May 18, 2012

Patrick v. Wal-Mart: Establishing Timeliness in Bad Faith Workers' Compensation Claims Introduction In the landmark case of Teresa G. Patrick v. Wal-Mart, Inc. Store #155; National Union Fire...

Affirmation of Procedural Default under AEDPA in Capital Habeas Corpus Cases

Date: May 16, 2012

Affirmation of Procedural Default under AEDPA in Capital Habeas Corpus Cases Introduction Roberts v. Thaler is a significant appellate decision from the United States Court of Appeals for the Fifth...

Procedural Due Process in Administrative Permit Revocation: Analysis of Bowlbey v. City of Aberdeen, MS

Date: May 15, 2012

Procedural Due Process in Administrative Permit Revocation: Analysis of Bowlby v. City of Aberdeen, MS Introduction In the case of Bowlby v. City of Aberdeen, Mississippi, the United States Court of...

Affirming ADA Protections and Procedural Safeguards in EEOC v. Service Temps Inc.

Date: Apr 27, 2012

Affirming ADA Protections and Procedural Safeguards in EEOC v. Service Temps Inc. Introduction In Equal Employment Opportunity Commission v. Service Temps Incorporated, 679 F.3d 323 (5th Cir. 2012),...

Limits on Rule 60(b)(6) Relief in Post-Judgment Federal Habeas Proceedings: Beunka Adams v. Rick Thaler

Date: Apr 26, 2012

Limits on Rule 60(b)(6) Relief in Post-Judgment Federal Habeas Proceedings Introduction Beunka Adams v. Rick Thaler, decided by the United States Court of Appeals for the Fifth Circuit on April 25,...

5th Circuit Affirms Qualified Immunity in Delay-Related Fourth and Fourteenth Amendment Claims

Date: Apr 19, 2012

5th Circuit Affirms Qualified Immunity in Delay-Related Fourth and Fourteenth Amendment Claims Introduction In the case of Clifton H. Jones and Jerry Dwayne Nance v. Lowndes County, Mississippi, the...

Establishing the Boundaries of Inventory Searches in Impounded Vehicles under the Community Caretaking Exception

Date: Apr 19, 2012

Establishing the Boundaries of Inventory Searches in Impounded Vehicles under the Community Caretaking Exception Introduction The legal interplay between law enforcement procedures and Fourth...

Affirmation of Younger Abstention in Public Defender Funding Challenge

Date: Apr 17, 2012

Affirmation of Younger Abstention in Public Defender Funding Challenge Introduction In the case of Steven Bice v. Louisiana Public Defender Board, adjudicated by the United States Court of Appeals...

Affirmation of Judicial Estoppel in Bankruptcy Claims Nondisclosure: Insights from Love v. Tyson Foods, Inc.

Date: Apr 13, 2012

Affirmation of Judicial Estoppel in Bankruptcy Claims Nondisclosure: Insights from Love v. Tyson Foods, Inc. Introduction The case of Willie E. Love v. Tyson Foods, Inc. (677 F.3d 258) adjudicated by...

ERISA Section 502(a)(3) Jurisdiction Over Equitable Relief Actions in Special Needs Trusts: Analysis of ACS Recovery Services, Inc. v. Griffin

Date: Apr 3, 2012

ERISA Section 502(a)(3) Jurisdiction Over Equitable Relief Actions in Special Needs Trusts: Analysis of ACS Recovery Services, Inc. v. Griffin Introduction The case of ACS Recovery Services, Inc. and...

Affirmation of Obstruction of Justice: United States v. Richardson

Date: Mar 31, 2012

Affirmation of Obstruction of Justice: United States v. Richardson Introduction In United States v. Dale Allen Richardson, Jr., 676 F.3d 491 (5th Cir. 2012), the United States Court of Appeals for...

Partial Grant of Rule 12(b)(6) Motion in Mortgage Foreclosure Lawsuit: Key Takeaways

Date: Mar 30, 2012

Partial Grant of Rule 12(b)(6) Motion in Mortgage Foreclosure Lawsuit: Key Takeaways Introduction In the case of Emma Hurd v. BAC Home Loans Servicing, LP, adjudicated by the United States District...

5th Circuit Affirms Habeas Relief for Ineffective Assistance Due to Joint Representation in Salts v. Epps (2012)

Date: Mar 30, 2012

5th Circuit Affirms Habeas Relief for Ineffective Assistance Due to Joint Representation in Salts v. Epps (2012) Introduction In Salts v. Epps, 676 F.3d 468 (5th Cir. 2012), the United States Court...

Adams & Reese LLP Conflict of Interest and Fee Disgorgement: Establishing the Totality of Circumstances Standard in Bankruptcy Proceedings

Date: Mar 30, 2012

Adams & Reese LLP Conflict of Interest and Fee Disgorgement: Establishing the Totality of Circumstances Standard in Bankruptcy Proceedings Introduction The case of In the Matter of AMERICAN...

Previous Next

5th Circuit Case Commentaries

United States v. Ebron: Fifth Circuit Affirms Death Sentence, Refines Juror Dismissal and Admissibility of Statements Against Penal Interest

Fifth Circuit Upholds Exhaustion of Remedies in OCSLA Judicial Review: Gulf Restoration Network v. Salazar

Affirming the Right to Self-Representation: Batchelor v. Cain and Its Implications

Patrick v. Wal-Mart: Establishing Timeliness in Bad Faith Workers' Compensation Claims

Affirmation of Procedural Default under AEDPA in Capital Habeas Corpus Cases

Procedural Due Process in Administrative Permit Revocation: Analysis of Bowlbey v. City of Aberdeen, MS

Affirming ADA Protections and Procedural Safeguards in EEOC v. Service Temps Inc.

Limits on Rule 60(b)(6) Relief in Post-Judgment Federal Habeas Proceedings: Beunka Adams v. Rick Thaler

5th Circuit Affirms Qualified Immunity in Delay-Related Fourth and Fourteenth Amendment Claims

Establishing the Boundaries of Inventory Searches in Impounded Vehicles under the Community Caretaking Exception

Affirmation of Younger Abstention in Public Defender Funding Challenge

Affirmation of Judicial Estoppel in Bankruptcy Claims Nondisclosure: Insights from Love v. Tyson Foods, Inc.

ERISA Section 502(a)(3) Jurisdiction Over Equitable Relief Actions in Special Needs Trusts: Analysis of ACS Recovery Services, Inc. v. Griffin

Affirmation of Obstruction of Justice: United States v. Richardson

Partial Grant of Rule 12(b)(6) Motion in Mortgage Foreclosure Lawsuit: Key Takeaways

5th Circuit Affirms Habeas Relief for Ineffective Assistance Due to Joint Representation in Salts v. Epps (2012)

Adams & Reese LLP Conflict of Interest and Fee Disgorgement: Establishing the Totality of Circumstances Standard in Bankruptcy Proceedings

Affirmation and Reversal: Comprehensive Analysis of Turner v. Kansas City Southern Railway Co.

Affirming DeShaney: Public Schools Not Constitutionally Obligated to Protect Students from Private Harm

Refining Class Certification Standards: Insights from M.D. v. Perry