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  • Commentaries
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5th Circuit Case Commentaries

Affirmation of Texas' Lethal Injection Protocol Within Baze Safe Harbor

Affirmation of Texas' Lethal Injection Protocol Within Baze Safe Harbor

Date: Mar 16, 2010
Affirmation of Texas' Lethal Injection Protocol Within Baze Safe Harbor Introduction In the case of Charles D. Raby v. Brad Livingston, Executive Director, Texas Department of Criminal Justice, the...
Enforcement of Oral Employment Agreements under Texas Statute of Frauds: Sullivan v. Leor Energy

Enforcement of Oral Employment Agreements under Texas Statute of Frauds: Sullivan v. Leor Energy

Date: Mar 16, 2010
Enforcement of Oral Employment Agreements under Texas Statute of Frauds: Sullivan v. Leor Energy Introduction In Sullivan v. Leor Energy, LLC; Leor Energy LP, 600 F.3d 542 (5th Cir. 2010), the United...
Confrontation Clause and Hearsay: JONES v. CAIN

Confrontation Clause and Hearsay: JONES v. CAIN

Date: Mar 16, 2010
Confrontation Clause and Hearsay: JONES v. CAIN Introduction In Terrance Jones v. Burl Cain, the United States Court of Appeals for the Fifth Circuit addressed significant issues pertaining to the...
Abuse of Discretion in ERISA Disability Benefits Determination: Kel v. n Schexnayder

Abuse of Discretion in ERISA Disability Benefits Determination: Kel v. n Schexnayder

Date: Mar 13, 2010
Abuse of Discretion in ERISA Disability Benefits Determination: Kel v. n Schexnayder Introduction The case of Kelvin Schexnayder v. Hartford Life and Accident Insurance Company addresses critical...
Superseding Indictments and Third-Party Defrauding through Regulatory Misrepresentation: Analysis of United States v. McMillan and Scheur

Superseding Indictments and Third-Party Defrauding through Regulatory Misrepresentation: Analysis of United States v. McMillan and Scheur

Date: Mar 12, 2010
Superseding Indictments and Third-Party Defrauding through Regulatory Misrepresentation: Analysis of United States v. McMillan and Scheur Introduction United States v. McMillan and Scheur is a...
Affirmed Wire Fraud Convictions in Natural Gas Market Manipulation: Insights on Evidence Admissibility and Trial Fairness

Affirmed Wire Fraud Convictions in Natural Gas Market Manipulation: Insights on Evidence Admissibility and Trial Fairness

Date: Mar 11, 2010
Affirmed Wire Fraud Convictions in Natural Gas Market Manipulation: Insights on Evidence Admissibility and Trial Fairness Introduction In the landmark case of United States of America v. Michelle M....
Enforcement of Section 6621(c) Interest Assessments Under TEFRA: Fifth Circuit Upholds Claim Preclusion and Jurisdictional Limits

Enforcement of Section 6621(c) Interest Assessments Under TEFRA: Fifth Circuit Upholds Claim Preclusion and Jurisdictional Limits

Date: Mar 11, 2010
Enforcement of Section 6621(c) Interest Assessments Under TEFRA: Fifth Circuit Upholds Claim Preclusion and Jurisdictional Limits Introduction In the case of John C. Duffie and Melissa Duffie v....
Proper Assimilation of State Intoxication Manslaughter under the Assimilative Crimes Act: An Analysis of United States v. Key

Proper Assimilation of State Intoxication Manslaughter under the Assimilative Crimes Act: An Analysis of United States v. Key

Date: Mar 6, 2010
Proper Assimilation of State Intoxication Manslaughter under the Assimilative Crimes Act: An Analysis of United States v. Key Introduction United States of America v. Ravis Neal Key, II (599 F.3d...
Affirmation of District Court Dismissal in Bustos v. Martini Club: Implications for § 1983 and State Tort Claims

Affirmation of District Court Dismissal in Bustos v. Martini Club: Implications for § 1983 and State Tort Claims

Date: Mar 6, 2010
Affirmation of District Court Dismissal in Bustos v. Martini Club: Implications for § 1983 and State Tort Claims Introduction Ernest Bustos v. Martini Club, Inc. is a pivotal case adjudicated by the...
Consent and Protective Sweeps under the Fourth Amendment: An Analysis of United States v. Scroggins

Consent and Protective Sweeps under the Fourth Amendment: An Analysis of United States v. Scroggins

Date: Mar 5, 2010
Consent and Protective Sweeps under the Fourth Amendment: An Analysis of United States v. Scroggins Introduction In United States of America v. Ernie Bradford Scroggins (599 F.3d 433, 5th Cir. 2010),...
Due Process and the Impact of Delayed DNA Evidence: A Comprehensive Analysis of Wooten v. Thaler

Due Process and the Impact of Delayed DNA Evidence: A Comprehensive Analysis of Wooten v. Thaler

Date: Mar 3, 2010
Due Process and the Impact of Delayed DNA Evidence: A Comprehensive Analysis of Wooten v. Thaler Introduction Wooten v. Thaler, 598 F.3d 215 (5th Cir. 2010), is a pivotal case that addresses the...
Navigating Choice of Law and Fiduciary Duties: The Fifth Circuit’s Decision in D J Tire, Inc. v. Hercules Tire Rubber Co.

Navigating Choice of Law and Fiduciary Duties: The Fifth Circuit’s Decision in D J Tire, Inc. v. Hercules Tire Rubber Co.

Date: Feb 27, 2010
Navigating Choice of Law and Fiduciary Duties: The Fifth Circuit’s Decision in D J Tire, Inc. v. Hercules Tire Rubber Co. Introduction In D J Tire, Inc. v. Hercules Tire Rubber Co., 598 F.3d 200 (5th...
Versai Management Corp. v. Clarendon America Insurance Co.: Upholding Insured Rights Against Insurance Misrepresentation and Delayed Payments

Versai Management Corp. v. Clarendon America Insurance Co.: Upholding Insured Rights Against Insurance Misrepresentation and Delayed Payments

Date: Feb 20, 2010
Versai Management Corp. v. Clarendon America Insurance Co.: Upholding Insured Rights Against Insurance Misrepresentation and Delayed Payments Introduction The case of Versai Management Corporation,...
Adverse Inference Instructions in the Context of Spoliation: Analysis of Rimkus Consulting Group, Inc. v. Nickie G. Cammarata

Adverse Inference Instructions in the Context of Spoliation: Analysis of Rimkus Consulting Group, Inc. v. Nickie G. Cammarata

Date: Feb 20, 2010
Adverse Inference Instructions in the Context of Spoliation: Analysis of Rimkus Consulting Group, Inc. v. Nickie G. Cammarata Introduction The case of Rimkus Consulting Group, Inc. v. Nickie G....
Affirmation of Dismissal under Feres Doctrine and Eleventh Amendment in Military Whistleblower Retaliation Case

Affirmation of Dismissal under Feres Doctrine and Eleventh Amendment in Military Whistleblower Retaliation Case

Date: Feb 18, 2010
Affirmation of Dismissal under Feres Doctrine and Eleventh Amendment in Military Whistleblower Retaliation Case Introduction In the landmark case of Joe H. Bryant, Jr. v. Military Department of the...
Affirmation of Pretrial Detention in High-Profile White Collar Case: United States v. Allen Stanford

Affirmation of Pretrial Detention in High-Profile White Collar Case: United States v. Allen Stanford

Date: Feb 18, 2010
Affirmation of Pretrial Detention in High-Profile White Collar Case: United States v. Allen Stanford Introduction United States of America v. Robert Allen Stanford is a significant case adjudicated...
Defining "Exceeds Authorized Access" under CFAA and Its Sentencing Implications: Analysis of United States v. Dimetriace E John

Defining "Exceeds Authorized Access" under CFAA and Its Sentencing Implications: Analysis of United States v. Dimetriace E John

Date: Feb 10, 2010
Defining "Exceeds Authorized Access" under CFAA and Its Sentencing Implications: Analysis of United States v. Dimetriace E. John Introduction In the case of United States v. Dimetriace E. John (597...
Clear Release of Claims through Interim Waivers: Insights from Addicks Services, Inc. v. GGP-Bridgeland, LP

Clear Release of Claims through Interim Waivers: Insights from Addicks Services, Inc. v. GGP-Bridgeland, LP

Date: Feb 9, 2010
Clear Release of Claims through Interim Waivers: Insights from Addicks Services, Inc. v. GGP-Bridgeland, LP Introduction In the case of Addicks Services, Inc. v. GGP-Bridgeland, LP, the United States...
Clarifying the Requirements for the Toxic-Emission Enhancement under Sentencing Guideline § 2D1.1(b)(10)(A): United States v. Sauseda

Clarifying the Requirements for the Toxic-Emission Enhancement under Sentencing Guideline § 2D1.1(b)(10)(A): United States v. Sauseda

Date: Feb 5, 2010
Clarifying the Requirements for the Toxic-Emission Enhancement under Sentencing Guideline § 2D1.1(b)(10)(A): United States v. Sauseda Introduction In United States v. Frankie A. Sauseda, the United...
Multiplicity of Charges under 18 U.S.C. § 641: Analysis of Reagan v. United States

Multiplicity of Charges under 18 U.S.C. § 641: Analysis of Reagan v. United States

Date: Feb 5, 2010
Multiplicity of Charges under 18 U.S.C. § 641: Analysis of Reagan v. United States, 596 F.3d 251 (5th Cir. 2010) Introduction United States of America, Plaintiff-Appellee, v. Darren L. Reagan,...
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