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  • Commentaries
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5th Circuit Case Commentaries

Affirmation of Speedy Trial Act Compliance and Eighth Amendment Sentencing in United States v. Harris

Affirmation of Speedy Trial Act Compliance and Eighth Amendment Sentencing in United States v. Harris

Date: Apr 22, 2009
Affirmation of Speedy Trial Act Compliance and Eighth Amendment Sentencing in United States v. Harris Introduction The case United States of America v. Shannon Keith Harris, 566 F.3d 422 (5th Cir....
Fifth Circuit Establishes Denial of Article 971 Motion as Immediately-Appealable Collateral Order Under Louisiana's Anti-SLAPP Statute

Fifth Circuit Establishes Denial of Article 971 Motion as Immediately-Appealable Collateral Order Under Louisiana's Anti-SLAPP Statute

Date: Apr 16, 2009
Fifth Circuit Establishes Denial of Article 971 Motion as Immediately-Appealable Collateral Order Under Louisiana's Anti-SLAPP Statute Introduction In the landmark case of Mark Henry v. Lake Charles...
Establishing Waiver of Arbitration Through Extensive Litigation: Geraldine Nicholas v. KBR, Inc.

Establishing Waiver of Arbitration Through Extensive Litigation: Geraldine Nicholas v. KBR, Inc.

Date: Apr 16, 2009
Establishing Waiver of Arbitration Through Extensive Litigation: Geraldine Nicholas v. KBR, Inc. Introduction In the appellate case Geraldine Nicholas, Indi v. Dually and as Administratrix of the...
Fields v. United States: Affirmation of Denial for Ineffective Assistance of Counsel in Sentencing

Fields v. United States: Affirmation of Denial for Ineffective Assistance of Counsel in Sentencing

Date: Apr 14, 2009
Fields v. United States: Affirmation of Denial for Ineffective Assistance of Counsel in Sentencing Introduction In the landmark case of United States of America v. Joseph Horace Fields, decided by...
CQ Inc. v. TXU Mining Company: Affirming Summary Judgments and Excluding Damages Evidence

CQ Inc. v. TXU Mining Company: Affirming Summary Judgments and Excluding Damages Evidence

Date: Apr 10, 2009
CQ Inc. v. TXU Mining Company: Affirming Summary Judgments and Excluding Damages Evidence Introduction The case of CQ, Inc. v. TXU Mining Company, L.P. (565 F.3d 268) revolves around a contractual...
US Unwired Inc. v. Lormand: Fifth Circuit Refines Loss Causation and Scienter Standards in Securities Fraud

US Unwired Inc. v. Lormand: Fifth Circuit Refines Loss Causation and Scienter Standards in Securities Fraud

Date: Apr 10, 2009
US Unwired Inc. v. Lormand: Fifth Circuit Refines Loss Causation and Scienter Standards in Securities Fraud Introduction US Unwired, Inc. v. Lormand is a pivotal case adjudicated by the United States...
Affirmation of Dismissal of Securities Fraud Claims under PSLRA Standards in Flaherty Crumrine v. TXU Corp.

Affirmation of Dismissal of Securities Fraud Claims under PSLRA Standards in Flaherty Crumrine v. TXU Corp.

Date: Apr 9, 2009
Affirmation of Dismissal of Securities Fraud Claims under PSLRA Standards in Flaherty Crumrine v. TXU Corp. Introduction The case of Flaherty Crumrine Preferred Income Fund, Incorporated; Flaherty...
Judicial Immunity Extends to Policy-Making in Attorney Appointments - Davis v. Tarrant County

Judicial Immunity Extends to Policy-Making in Attorney Appointments - Davis v. Tarrant County

Date: Apr 9, 2009
Judicial Immunity Extends to Policy-Making in Attorney Appointments - Davis v. Tarrant County Introduction In the landmark case of Lawrence Patrick Davis v. Tarrant County, the United States Court of...
Enhancement of Particularity Standards for False Claims Act Violations: Grubbs v. Ra

Enhancement of Particularity Standards for False Claims Act Violations: Grubbs v. Ra

Date: Apr 9, 2009
Enhancement of Particularity Standards for False Claims Act Violations: Grubbs v. Ra Introduction The case of United States of America, ex rel. James H. Grubbs, M.D., Plaintiff-Appellant, v....
Enhanced Guidelines Calculations: A New Precedent in Sentencing Procedures

Enhanced Guidelines Calculations: A New Precedent in Sentencing Procedures

Date: Apr 7, 2009
Enhanced Guidelines Calculations: A New Precedent in Sentencing Procedures Introduction In the landmark case of UNITED STATES of America v. Juan Delgado-Martinez, the United States Court of Appeals...
Affirmation of Statutory Damages and Attorneys’ Fees under ACPA in Cybersquatting Litigation

Affirmation of Statutory Damages and Attorneys’ Fees under ACPA in Cybersquatting Litigation

Date: Apr 3, 2009
Affirmation of Statutory Damages and Attorneys’ Fees under ACPA in Cybersquatting Litigation Introduction The case of KIVA KITCHEN BATH INC. v. CAPITAL DISTRIBUTING INC.; John Michael Davis involves...
Tortious Interference and Protective Discovery Orders: Insights from Crosswhite v. Lexington Insurance Company

Tortious Interference and Protective Discovery Orders: Insights from Crosswhite v. Lexington Insurance Company

Date: Apr 2, 2009
Tortious Interference and Protective Discovery Orders: Insights from Crosswhite v. Lexington Insurance Company Introduction In Randal Crosswhite v. Lexington Insurance Company, 321 F. App'x 365 (5th...
MULLINS v. TESTAMERICA: Establishing Personal Jurisdiction and Subordination Precedents

MULLINS v. TESTAMERICA: Establishing Personal Jurisdiction and Subordination Precedents

Date: Mar 31, 2009
MULLINS v. TESTAMERICA: Establishing Personal Jurisdiction and Subordination Precedents Introduction In the appellate case MULLINS v. TESTAMERICA, Inc.; Sagaponack Partners LP, the United States...
Affirmation of Qualified Immunity in Excessive Force Claims: Ontiveros v. City of Rosenberg

Affirmation of Qualified Immunity in Excessive Force Claims: Ontiveros v. City of Rosenberg

Date: Mar 31, 2009
Affirmation of Qualified Immunity in Excessive Force Claims: Ontiveros v. City of Rosenberg Introduction The case of Maria Ontiveros, Indi v. dually, 564 F.3d 379 (5th Cir. 2009), involves the tragic...
Clarification of Statutory Subsection in Unlawful Reentry Sentencing: United States v. Mondragon-Santiago

Clarification of Statutory Subsection in Unlawful Reentry Sentencing: United States v. Mondragon-Santiago

Date: Mar 27, 2009
Clarification of Statutory Subsection in Unlawful Reentry Sentencing: United States v. Mondragon-Santiago Introduction The case of United States v. Jose Mondragon-Santiago revolves around the...
Strict Adherence to Prior Convictions for Career Offender Enhancements Affirmed in Ellis Case

Strict Adherence to Prior Convictions for Career Offender Enhancements Affirmed in Ellis Case

Date: Mar 27, 2009
Strict Adherence to Prior Convictions for Career Offender Enhancements Affirmed in Ellis Case Introduction The case of United States of America v. Curtis Lee Ellis, adjudicated by the United States...
Federal Preemption and State Law Application in Railroad Negligence: Gauthier v. Union Pacific

Federal Preemption and State Law Application in Railroad Negligence: Gauthier v. Union Pacific

Date: Mar 26, 2009
Federal Preemption and State Law Application in Railroad Negligence: Gauthier v. Union Pacific Introduction In the civil action titled Judy Gauthier, as an individual and on behalf of Larry Gauthier...
Substantial Compliance with ERISA Procedures: Lafleur v. Blue Cross Blue Shield of Louisiana

Substantial Compliance with ERISA Procedures: Lafleur v. Blue Cross Blue Shield of Louisiana

Date: Mar 24, 2009
Substantial Compliance with ERISA Procedures: Lafleur v. Blue Cross Blue Shield of Louisiana Introduction Richard Lafleur, a plaintiff-appellant, brought a lawsuit against Louisiana Health Service...
Fifth Circuit Establishes Dual Claims for Flood and Wind Damage Under Homeowner's Insurance Policies in Hurricane Katrina Cases

Fifth Circuit Establishes Dual Claims for Flood and Wind Damage Under Homeowner's Insurance Policies in Hurricane Katrina Cases

Date: Mar 21, 2009
Fifth Circuit Establishes Dual Claims for Flood and Wind Damage Under Homeowner's Insurance Policies in Hurricane Katrina Cases Introduction The case of Harrington et al. v. State Farm Fire Casualty...
Cornerstone v. UIL: Establishing Limits on Nonpublic School Membership in Interscholastic Leagues

Cornerstone v. UIL: Establishing Limits on Nonpublic School Membership in Interscholastic Leagues

Date: Mar 21, 2009
Cornerstone v. UIL: Establishing Limits on Nonpublic School Membership in Interscholastic Leagues 1. Introduction The case of Cornerstone Christian Schools v. University Interscholastic League (UIL)...
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