5th Circuit Case Commentaries

Cooley v. United States: Precedent on Sentence Modification Under 18 U.S.C. § 3582(c)(2)

Date: Dec 10, 2009

Cooley v. United States: Precedent on Sentence Modification Under 18 U.S.C. § 3582(c)(2) Introduction Cooley v. United States is a significant case adjudicated by the United States Court of Appeals...

Establishing the 'Focus-of-the-Contract' Test in Indemnity Disputes on the Outer Continental Shelf: Grand Isle Shipyard v. Seacor Marine

Date: Dec 9, 2009

Establishing the 'Focus-of-the-Contract' Test in Indemnity Disputes on the Outer Continental Shelf: Grand Isle Shipyard v. Seacor Marine Introduction In the landmark case of Grand Isle Shipyard,...

Deliberate Indifference in Pretrial Detainee Medical Care: Affirmation of Summary Judgment in Tamez v. Harlingen

Date: Dec 3, 2009

Deliberate Indifference in Pretrial Detainee Medical Care: Affirmation of Summary Judgment in Tamez v. Harlingen Introduction In the case of Heriberto Tamez, Individually and On behalf of the Estate...

Affirmation of Government-Contractor Immunity in Public Works Litigation: Fellosea Ackerson v. Bean Dredging LLC

Date: Nov 26, 2009

Affirmation of Government-Contractor Immunity in Public Works Litigation: Fellosea Ackerson v. Bean Dredging LLC Introduction In the landmark case Fellosea Ackerson, et al. v. Bean Dredging LLC,...

Affirmation of Wire Fraud and Money Laundering Convictions: Insights from United States v. Vernon Cooks, Jr.

Date: Nov 24, 2009

Affirmation of Wire Fraud and Money Laundering Convictions: Insights from United States v. Vernon Cooks, Jr. Introduction In the landmark case of United States of America v. Vernon Cooks, Jr., the...

Federal Question Jurisdiction Affirmed in Borden v. Allstate Insurance Company

Date: Nov 21, 2009

Federal Question Jurisdiction Affirmed in Borden v. Allstate Insurance Company 1. Introduction Earl Borden v. Allstate Insurance Company, 589 F.3d 168 (5th Cir. 2009), is a significant appellate...

Martco v. Wellons: Fifth Circuit Expands Duty to Defend under Commercial General Liability Policies by Limiting Exclusion (m)

Date: Nov 20, 2009

Martco v. Wellons: Fifth Circuit Expands Duty to Defend under Commercial General Liability Policies by Limiting Exclusion (m) Introduction Martco Limited Partnership ("Martco"), a manufacturer of...

Limits of Monell: City of Fort Worth Not Liable for Individual Officers’ Excessive Force without Official Policy

Date: Nov 18, 2009

Limits of Monell: City of Fort Worth Not Liable for Individual Officers’ Excessive Force without Official Policy Introduction Ke v. City of Fort Worth, Texas, 588 F.3d 838 (5th Cir. 2009), is a...

DePREE v. Saunders: Establishing Boundaries in First Amendment Retaliation Claims in Academic Settings

Date: Nov 14, 2009

DePREE v. Saunders: Establishing Boundaries in First Amendment Retaliation Claims in Academic Settings Introduction The case of Chauncey M. DePREE, Jr. v. Martha SAUNDERS, adjudicated by the United...

Enforcement of Oral Injunctions in Bankruptcy Contempt Proceedings: Bradley v. Ingalls

Date: Nov 12, 2009

Enforcement of Oral Injunctions in Bankruptcy Contempt Proceedings: Bradley v. Ingalls Introduction The case of In the Matter of Gary L. Bradley, Debtor et al. v. Tommy Thompson, as Trustee of the...

Affirmation of Dismissal Standards for In Forma Pauperis Prisoner Complaints under § 1983: Brewster v. Dretke

Date: Nov 11, 2009

Affirmation of Dismissal Standards for In Forma Pauperis Prisoner Complaints under § 1983: Brewster v. Dretke Introduction James Earl Brewster v. Douglas Dretke, 587 F.3d 764 (5th Cir. 2009), is a...

Clarification of "Term of Imprisonment" Under §4A1.2(k) in Federal Sentencing

Date: Nov 11, 2009

Clarification of "Term of Imprisonment" Under §4A1.2(k) in Federal Sentencing Introduction In the case of United States of America v. Maximiliano Jasso, 587 F.3d 706 (5th Cir. 2009), the United...

Establishing Personal Jurisdiction in Interstate Business Disputes: McFadin v. Gerber

Date: Nov 10, 2009

Establishing Personal Jurisdiction in Interstate Business Disputes: McFadin v. Gerber Introduction The case of McFadin v. Gerber addresses the critical issue of personal jurisdiction in the context...

Fifth Circuit Affirms Mandatory Nature of U.S.S.G. §1B1.10 in Sentence Reductions Under 18 U.S.C. §3582(c)(2)

Date: Nov 6, 2009

Fifth Circuit Affirms Mandatory Nature of U.S.S.G. §1B1.10 in Sentence Reductions Under 18 U.S.C. §3582(c)(2) Introduction In United States of America v. Mark Anthony Evans, 587 F.3d 667 (5th Cir....

Affirmation of Dismissal in Jebaco, Inc. v. Harrah's Operating Co.: Antitrust Standing Clarified

Date: Oct 31, 2009

Affirmation of Dismissal in JEBACO, INC. v. HARRAH'S OPERATING CO.: Antitrust Standing Clarified Introduction The case of Jebaco, Inc. v. Harrah's Operating Co., Inc. addresses critical issues...

Reaffirmation of Qualified Immunity in the Use of Four-Point Restraints: Hill v. Carroll County

Date: Oct 29, 2009

Reaffirmation of Qualified Immunity in the Use of Four-Point Restraints: Hill v. Carroll County Introduction Hill v. Carroll County is a significant case adjudicated by the United States Court of...

Enforcement of Reciprocal Indemnity Agreements under LHWCA and OCSLA: BECKER v. TIDEWATER, INC.

Date: Oct 27, 2009

Enforcement of Reciprocal Indemnity Agreements under LHWCA and OCSLA: BECKER v. TIDEWATER, INC. Introduction In the landmark case of BECKER v. TIDEWATER, INC., Plaintiff-Appellant Seth A. Becker...

Intervening Reassignment and the Continuing Violation Doctrine in Hostile Work Environment Claims: Stewart v. Mississippi Transportation Commission

Date: Oct 22, 2009

Intervening Reassignment and the Continuing Violation Doctrine in Hostile Work Environment Claims: Stewart v. Mississippi Transportation Commission Introduction Stewart v. Mississippi Transportation...

Qualified Immunity Upheld in Use of Deadly Force Case: Manis v. Lawson

Date: Oct 16, 2009

Qualified Immunity Upheld in Use of Deadly Force Case: Manis v. Lawson Introduction The case of Manis v. Lawson revolves around the fatal shooting of Michael D. Manis, Jr. by police officer Douglass...

Determining the Measure of Indemnity in Title Insurance: Insights from First American Bank v. First American Transportation Title Insurance Co.

Date: Oct 15, 2009

Determining the Measure of Indemnity in Title Insurance: Insights from First American Bank v. First American Transportation Title Insurance Co. Introduction In the case of First American Bank,...

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