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  • Commentaries
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5th Circuit Case Commentaries

Separation of Mens Rea and Penalty Elements in Drug Distribution Crimes: Insights from U.S. v. Betancourt

Separation of Mens Rea and Penalty Elements in Drug Distribution Crimes: Insights from U.S. v. Betancourt

Date: Oct 10, 2009
Separation of Mens Rea and Penalty Elements in Drug Distribution Crimes: Insights from U.S. v. Betancourt Introduction The case of United States of America v. Raul Medrano Betancourt, 586 F.3d 303...
Finality of Settlement Releases in Insurance Claims: Fifth Circuit Upholds State Farm's Bar to Additional Claims

Finality of Settlement Releases in Insurance Claims: Fifth Circuit Upholds State Farm's Bar to Additional Claims

Date: Oct 10, 2009
Finality of Settlement Releases in Insurance Claims: Fifth Circuit Upholds State Farm's Bar to Additional Claims Introduction The case of Christopher M. Wiley v. State Farm Fire and Casualty Company,...
Secured Creditors’ Protections Prevail Over Equitable Mootness in Chapter 11 Plan Confirmation: Insights from In re Pacific Lumber Co.

Secured Creditors’ Protections Prevail Over Equitable Mootness in Chapter 11 Plan Confirmation: Insights from In re Pacific Lumber Co.

Date: Sep 30, 2009
Secured Creditors’ Protections Prevail Over Equitable Mootness in Chapter 11 Plan Confirmation: Insights from In re Pacific Lumber Co. Introduction The case of In re Pacific Lumber Co. (584 F.3d 229,...
Carty v. Thaler: Upholding Procedural Strictness and Evaluating Ineffective Assistance of Counsel under AEDPA

Carty v. Thaler: Upholding Procedural Strictness and Evaluating Ineffective Assistance of Counsel under AEDPA

Date: Sep 18, 2009
Carty v. Thaler: Upholding Procedural Strictness and Evaluating Ineffective Assistance of Counsel under AEDPA Introduction Carty v. Thaler, 583 F.3d 244 (5th Cir. 2009), is a pivotal case that...
Limits of Arbitration Agreements in Employee Tort Claims: JONES v. HALLIBURTON CO.

Limits of Arbitration Agreements in Employee Tort Claims: JONES v. HALLIBURTON CO.

Date: Sep 16, 2009
Limits of Arbitration Agreements in Employee Tort Claims: JONES v. HALLIBURTON CO. Introduction JONES v. HALLIBURTON CO. is a pivotal case adjudicated by the United States Court of Appeals for the...
Exhaustion of Administrative Remedies under 42 U.S.C. § 1997e(a): Insights from Bisby v. Garza

Exhaustion of Administrative Remedies under 42 U.S.C. § 1997e(a): Insights from Bisby v. Garza

Date: Aug 29, 2009
Exhaustion of Administrative Remedies under 42 U.S.C. § 1997e(a): Insights from Bisby v. Garza Introduction Case: Jerry L. Bisby, Plaintiff-Appellant v. Sergeant Kimberly Garza, Building Supervisor...
Reaffirmation of Pretrial Detention Standards in High-Stakes White-Collar Fraud Cases: Stanford v. USA

Reaffirmation of Pretrial Detention Standards in High-Stakes White-Collar Fraud Cases: Stanford v. USA

Date: Aug 25, 2009
Reaffirmation of Pretrial Detention Standards in High-Stakes White-Collar Fraud Cases: Stanford v. USA Introduction The case of United States of America v. Robert Allen Stanford revolves around the...
Plain Error in Sentencing: Comprehensive Analysis of United States v. Whitelaw

Plain Error in Sentencing: Comprehensive Analysis of United States v. Whitelaw

Date: Aug 20, 2009
Plain Error in Sentencing: Comprehensive Analysis of United States v. Whitelaw Introduction In the case of United States of America v. Alan Whitelaw, reported at 580 F.3d 256 by the Fifth Circuit...
Expanding Protections for Retaliation Claims: Insights from Ikossi-Anastasiou v. LSU

Expanding Protections for Retaliation Claims: Insights from Ikossi-Anastasiou v. LSU

Date: Aug 19, 2009
Expanding Protections for Retaliation Claims: Insights from Ikossi-Anastasiou v. LSU Introduction In Kiki Ikossi-Anastasiou v. Board of Supervisors of Louisiana State University, 579 F.3d 546 (5th...
Affirming Creditor Standing Under 11 U.S.C. § 362(k): The Labuzan Case

Affirming Creditor Standing Under 11 U.S.C. § 362(k): The Labuzan Case

Date: Aug 19, 2009
Affirming Creditor Standing Under 11 U.S.C. § 362(k): The Labuzan Case Introduction The case of St. Paul Fire Marine Insurance Company v. Theodore F. Labuzan and Deeann S. Labuzan (579 F.3d 533)...
ERISA Preemption and Contractual Payment Rights: Comprehensive Analysis of Lone Star OB/GYN Associates v. Aetna Health Inc.

ERISA Preemption and Contractual Payment Rights: Comprehensive Analysis of Lone Star OB/GYN Associates v. Aetna Health Inc.

Date: Aug 19, 2009
ERISA Preemption and Contractual Payment Rights: Comprehensive Analysis of Lone Star OB/GYN Associates v. Aetna Health Inc. Introduction The case of Lone Star OB/GYN Associates, Plaintiff-Appellee,...
Signal International LLC v. Mississippi Department of Transportation: Affirming Liability Limits and Waiver of Real Party in Interest in Maritime Allision Cases

Signal International LLC v. Mississippi Department of Transportation: Affirming Liability Limits and Waiver of Real Party in Interest in Maritime Allision Cases

Date: Aug 13, 2009
Signal International LLC v. Mississippi Department of Transportation: Affirming Liability Limits and Waiver of Real Party in Interest in Maritime Allision Cases Introduction The case of Signal...
Threshold for Municipal Liability in Prosecutorial Brady Violations: Analysis of THOMPSON v. CONNICK

Threshold for Municipal Liability in Prosecutorial Brady Violations: Analysis of THOMPSON v. CONNICK

Date: Aug 11, 2009
Threshold for Municipal Liability in Prosecutorial Brady Violations: Analysis of THOMPSON v. CONNICK Introduction The case of John Thompson v. Harry F. Connick and the Orleans Parish District...
Expansion of AEDPA Tolling Period: Windland v. Quarterman

Expansion of AEDPA Tolling Period: Windland v. Quarterman

Date: Aug 11, 2009
Expansion of AEDPA Tolling Period: Windland v. Quarterman Introduction Windland v. Quarterman, 578 F.3d 314 (5th Cir. 2009), serves as a pivotal case in the interpretation of the Antiterrorism and...
Fifth Circuit Clarifies Scope of "Controlled Substance Offense" in Felon Firearms Possession Cases

Fifth Circuit Clarifies Scope of "Controlled Substance Offense" in Felon Firearms Possession Cases

Date: Aug 8, 2009
Fifth Circuit Clarifies Scope of "Controlled Substance Offense" in Felon Firearms Possession Cases Introduction In the landmark case of United States of America v. Joseph M. Neal, 578 F.3d 270 (5th...
Reaffirming Causation Standards for Monell Liability: James v. Harris County

Reaffirming Causation Standards for Monell Liability: James v. Harris County

Date: Aug 5, 2009
Reaffirming Causation Standards for Monell Liability: James v. Harris County Introduction The case of Julian James, Individually; Daphne Bates Harrison, et al. v. Harris County was adjudicated by the...
Qualls v. Astrue: Upholding Substantial Evidence and Criteria for Treating Physician Opinions in Disability Determinations

Qualls v. Astrue: Upholding Substantial Evidence and Criteria for Treating Physician Opinions in Disability Determinations

Date: Aug 5, 2009
Qualls v. Astrue: Upholding Substantial Evidence and Criteria for Treating Physician Opinions in Disability Determinations Introduction In the landmark case of Vanessa M. Qualls v. Michael J. Astrue,...
5th Circuit Clarifies FDCPA Standards for Attorney-Letterhead Debt Collection Communications

5th Circuit Clarifies FDCPA Standards for Attorney-Letterhead Debt Collection Communications

Date: Aug 4, 2009
5th Circuit Clarifies FDCPA Standards for Attorney-Letterhead Debt Collection Communications Introduction In the case of Jose Gonzalez v. Mitchell N. Kay; Law Offices of Mitchell N. Kay, P.C., the...
Equitable Tolling of AEDPA Statute of Limitations in Habeas Corpus Cases: Fifth Circuit Establishes Clear Standards

Equitable Tolling of AEDPA Statute of Limitations in Habeas Corpus Cases: Fifth Circuit Establishes Clear Standards

Date: Aug 4, 2009
Equitable Tolling of AEDPA Statute of Limitations in Habeas Corpus Cases: Fifth Circuit Establishes Clear Standards Introduction The case of Hudle Lee Hardy v. Nathaniel Quarterman revolves around...
Improper Coaching of Witnesses: A Comprehensive Analysis of Ibarra v. Baker & Sanders

Improper Coaching of Witnesses: A Comprehensive Analysis of Ibarra v. Baker & Sanders

Date: Jul 29, 2009
Improper Coaching of Witnesses: A Comprehensive Analysis of Ibarra v. Baker & Sanders Introduction The case of Erik Adam Ibarra et al. v. Mary Baker; Frank E. Sanders serves as a significant legal...
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