5th Circuit Case Commentaries

Fifth Circuit Establishes Distinction Between Insurance Claims Procurement and Handling in Campo v. Allstate Insurance Co.

Date: Mar 18, 2009

Fifth Circuit Establishes Distinction Between Insurance Claims Procurement and Handling in Campo v. Allstate Insurance Co. Introduction In Merlin S. Campo v. Allstate Insurance Company, 562 F.3d 751...

Texas Moment of Silence Statute Upheld: An Analysis of Croft v. Governor of Texas

Date: Mar 17, 2009

Texas Moment of Silence Statute Upheld: An Analysis of Croft v. Governor of Texas Introduction In Da v. d Wallace CROFT; Shannon Kristine Croft, as Parents and Next Friend of minor Children,...

Affirmation of Independent Source Rule and Exigent Circumstances in Drug Distribution Cases

Date: Mar 12, 2009

Affirmation of Independent Source Rule and Exigent Circumstances in Drug Distribution Cases Introduction In the landmark case of United States of America v. Gregory Brian Hearn, Joel Dallas Hammond,...

Application of Texas Community Property Presumptions in Bankruptcy Discharge Cases

Date: Mar 12, 2009

Application of Texas Community Property Presumptions in Bankruptcy Discharge Cases Introduction The case of The Cadle Company v. John Cecil Duncan revolves around the bankruptcy discharge of John...

Circular Indemnity in Multiple Contractual Agreements: Insights from Breaux v. Halliburton Energy Services

Date: Mar 7, 2009

Circular Indemnity in Multiple Contractual Agreements: Insights from Breaux v. Halliburton Energy Services Introduction The case of Shannon BREAUX, Etc., Plaintiff, v. HALLIBURTON ENERGY SERVICES,...

Hall Street Restricts Grounds for Vacatur of Arbitration Awards: Insights from Citigroup Global Markets, Inc. v. Debra M. Bacon

Date: Mar 6, 2009

Hall Street Restricts Grounds for Vacatur of Arbitration Awards: Insights from CITIGROUP GLOBAL MARKETS, INC. v. Debra M. Bacon, 562 F.3d 349 (5th Cir. 2009) Introduction The case of CITIGROUP GLOBAL...

Omari v. Holder: Reinforcing Strict Exhaustion Requirements for § 1252(d) in Immigration Appeals

Date: Mar 5, 2009

Omari v. Holder: Reinforcing Strict Exhaustion Requirements for § 1252(d) in Immigration Appeals Introduction Case: John Nyakundi Omari v. Eric H. Holder, Jr., U.S. Attorney General Court: United...

Enforcement of Negative Mail Lists in Prisons Upheld Under First Amendment: Samford v. Dretke

Date: Mar 4, 2009

Enforcement of Negative Mail Lists in Prisons Upheld Under First Amendment: Samford v. Dretke Introduction The case of Scott A. Samford, Jr. v. Doug Dretke explores the delicate balance between a...

Qualified Immunity in Police Use of Deadly Force: Insights from Ernest Lytle v. O'Donnell

Date: Feb 24, 2009

Qualified Immunity in Police Use of Deadly Force: Insights from Ernest Lytle v. O'Donnell Introduction Ernest Lytle, Individually and as Representative of the Estate of Heather Lytle, Deceased v....

Res Judicata in False Advertising Claims: Analysis of Oreck Direct, LLC v. Dyson, Inc.

Date: Feb 24, 2009

Res Judicata in False Advertising Claims: Analysis of Oreck Direct, LLC v. Dyson, Inc. (560 F.3d 398) Introduction Oreck Direct, LLC v. Dyson, Inc. is a pivotal case adjudicated by the United States...

Affirming Limitations on Fiduciary Duty Claims in Bankruptcy Derivative Suits: Torch Liquidating Trust v. Stockstill et al.

Date: Feb 24, 2009

Affirming Limitations on Fiduciary Duty Claims in Bankruptcy Derivative Suits: Torch Liquidating Trust v. Stockstill et al. 1. Introduction The Torch Liquidating Trust v. Stockstill et al. is a...

Fifth Circuit Clarifies § 3730(b)(5) Jurisdictional Bar in FCA Qui Tam Actions: Distinguishing Between Named and Unnamed Defendants

Date: Feb 19, 2009

Fifth Circuit Clarifies § 3730(b)(5) Jurisdictional Bar in FCA Qui Tam Actions: Distinguishing Between Named and Unnamed Defendants Introduction The case of United States ex rel. Branch Consultants...

Address Obligation and Notice in Immigration Proceedings: Analyzing Gomez-Palacios v. Holder

Date: Feb 19, 2009

Address Obligation and Notice in Immigration Proceedings: Analyzing Gomez-Palacios v. Holder Introduction The case of Marlon Jesus Gomez-Palacios v. Eric H. Holder, U.S. Attorney General (560 F.3d...

Contract Exclusion Interpretation Bars Insurance Coverage: Carolina Casualty Insurance Co. v. Sowell et al.

Date: Feb 18, 2009

Contract Exclusion Interpretation Bars Insurance Coverage: Carolina Casualty Insurance Co. v. Sowell et al. Introduction In the landmark decision of Carolina Casualty Insurance Company v. James E....

RLUIPA and Prisoners' Religious Rights: Insights from Sossamon v. Texas

Date: Feb 18, 2009

RLUIPA and Prisoners' Religious Rights: Insights from Sossamon v. Texas Introduction Harvey Leroy Sossamon, III, an inmate at the Robertson Unit of the Texas Department of Criminal Justice (TDCJ),...

Imputing Expert Witness Knowledge to Prosecution Teams: A Fifth Circuit Analysis under AEDPA

Date: Feb 18, 2009

Imputing Expert Witness Knowledge to Prosecution Teams: A Fifth Circuit Analysis under AEDPA Introduction Rigoberto Avila, Jr. v. Nathaniel Quarterman is a pivotal case decided by the United States...

Affirmation of Drug Trafficking and Money Laundering Convictions in U.S. v. Fernandez, Marquez, and Marquez-Ramos

Date: Feb 12, 2009

Affirmation of Drug Trafficking and Money Laundering Convictions in United States v. Fernandez, Marquez, and Marquez-Ramos Introduction The appellate decision in United States v. Horacio Fernandez,...

Fifth Circuit Affirms Felon in Possession of Firearm Under §922(g) and Clarifies 'Crime of Violence' Definition in U.S.S.G. §4B1.2

Date: Feb 12, 2009

Fifth Circuit Affirms Felon in Possession of Firearm Under §922(g) and Clarifies 'Crime of Violence' Definition in U.S.S.G. §4B1.2 Introduction In UNITED STATES of America v. Lionel Anderson, 559...

Reaffirmation of Procedural Nature of §1441(b) Forum-Defendant Rule in Mass Tort Litigation: In re: 1994 Exxon Chemical Fire

Date: Feb 5, 2009

Reaffirmation of Procedural Nature of §1441(b) Forum-Defendant Rule in Mass Tort Litigation: In re: 1994 Exxon Chemical Fire Introduction The case In re: 1994 Exxon Chemical Fire ([558 F.3d...

The Limits of First Amendment Protections in Employment Retaliation Claims: Analyzing Cutrer et al. v. McMillan et al.

Date: Jan 31, 2009

The Limits of First Amendment Protections in Employment Retaliation Claims: Analyzing Cutrer et al. v. McMillan et al. Introduction In the case of Jerry W. Cutrer, Sr.; Lena S. Guyton; Nora Walker;...

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