5th Circuit Case Commentaries

Reaffirming the Necessity for Comprehensive Mitigating Evidence in Death Sentencing: McGowen v. Thaler

Date: Mar 20, 2012

Reaffirming the Necessity for Comprehensive Mitigating Evidence in Death Sentencing: McGowen v. Thaler Introduction Roger Wayne McGowen, the petitioner, was convicted of capital murder in a Texas...

Reaffirmation of Hearsay Standards and Liberty Interest Protections in Employment Termination: Bellard v. Gautreaux

Date: Mar 16, 2012

Reaffirmation of Hearsay Standards and Liberty Interest Protections in Employment Termination: Bellard v. Gautreaux Introduction In the case of Shane Bellard v. Sid J. Gautreaux, III, the United...

Limits of AEDPA Review in Ineffective Assistance Claims: Clark v. Thaler Decision

Date: Mar 6, 2012

Limits of AEDPA Review in Ineffective Assistance Claims: Clark v. Thaler Decision Introduction Case Citation: Troy CLARK v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional...

Defining Employer Liability under the FLSA: Gray v. Powers

Date: Mar 1, 2012

Defining Employer Liability under the FLSA: Gray v. Powers Introduction Gray v. Powers is a pivotal case decided by the United States Court of Appeals for the Fifth Circuit on February 29, 2012. The...

Affirmation of Conspiracy Conviction in United States v. Delgado: Implications for Sufficiency of Evidence Standards

Date: Feb 29, 2012

Affirmation of Conspiracy Conviction in United States v. Delgado: Implications for Sufficiency of Evidence Standards 1. Introduction In the case of United States of America v. Maria Aide Delgado,...

Fifth Circuit Affirms LOWLA's Application to Offshore Platform Removal Liens

Date: Feb 15, 2012

Fifth Circuit Affirms LOWLA's Application to Offshore Platform Removal Liens Introduction The case of Cutting Underwater Technologies USA, Inc. v. ENI U.S. Operating Company pertains to the...

Clarifying 'Crime of Violence' Enhancements for Sexual Offenses Against Minors: Analysis of United States v. Chavez-Hernandez

Date: Feb 14, 2012

Clarifying 'Crime of Violence' Enhancements for Sexual Offenses Against Minors: Analysis of United States v. Chavez-Hernandez Introduction United States v. Miguel Chavez-Hernandez is a pivotal case...

Use of Excessive Force in Police Actions: Insights from Elizondo v. Green and City of Garland

Date: Feb 14, 2012

Use of Excessive Force in Police Actions: Insights from Elizondo v. Green and City of Garland Introduction Elizondo v. Green and City of Garland, 671 F.3d 506 (5th Cir. 2012), is a pivotal case that...

Reaffirmed Standards for Hostile Work Environment and Retaliation Claims under Title VII: Hernandez, Ketterer, & Tre v. Yellow Transportation

Date: Feb 10, 2012

Reaffirmed Standards for Hostile Work Environment and Retaliation Claims under Title VII Introduction The case of Rubin Hernandez, John Ketterer, and Abram Trevino v. Yellow Transportation, Inc....

Affirmation of Class Certification and Settlement in Union Asset Management Holding A.G. v. Dell, Inc.

Date: Feb 8, 2012

Affirmation of Class Certification and Settlement in Union Asset Management Holding A.G. v. Dell, Inc. Introduction In the landmark case of Union Asset Management Holding A.G. v. Dell, Inc., decided...

Affirmation of Qualified Immunity in Involuntary Ovarian Removal: Sama v. Hannigan and Benoit

Date: Feb 4, 2012

Affirmation of Qualified Immunity in Involuntary Ovarian Removal: Sama v. Hannigan and Benoit Introduction In the landmark case of Sama v. Hannigan and Benoit, Carrie Rahat Sama, an inmate at the...

ICCTA Preemption Affirmed in Rail Transloading Operations: Texas Central Business Lines Corp. v. City of Midlothian

Date: Feb 3, 2012

ICCTA Preemption Affirmed in Rail Transloading Operations Introduction In the landmark case of Texas Central Business Lines Corporation v. City of Midlothian (669 F.3d 525), the United States Court...

Excluding Rehabilitative Considerations in Sentencing: Broussard v. United States

Date: Feb 2, 2012

Excluding Rehabilitative Considerations in Sentencing: Broussard v. United States Introduction In Broussard v. United States, the United States Court of Appeals for the Fifth Circuit addressed...

Affirmation of RLA's Exclusive Jurisdiction over Retirees' Pension Claims under ERISA

Date: Feb 1, 2012

Affirmation of RLA's Exclusive Jurisdiction over Retirees' Pension Claims under ERISA Introduction The case of Edward S. Ballew et al. v. Continental Airlines, Inc. et al. (668 F.3d 777) addressed...

Enforcing Contractual Disclaimers and the Boundaries of Implied Duty: Insights from Capco Energy, Inc. v. Tana Exploration Company

Date: Feb 1, 2012

Enforcing Contractual Disclaimers and the Boundaries of Implied Duty: Insights from Capco Energy, Inc. v. Tana Exploration Company Introduction The case of Capco Energy, Incorporated (formerly Capco...

Supplemental Jurisdiction Requires Valid Federal Grounds: Fifth Circuit Vacates District Court’s Ruling in Arena v. Graybar

Date: Jan 26, 2012

Supplemental Jurisdiction Requires Valid Federal Grounds: Fifth Circuit Vacates District Court’s Ruling in Arena v. Graybar Introduction In the landmark case of Richard A. Arena, Jr., d/b/a...

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