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  • Commentaries
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5th Circuit Case Commentaries

Affirmation of Qualified Immunity in §1983 Claims for Supervisory Officials

Affirmation of Qualified Immunity in §1983 Claims for Supervisory Officials

Date: Dec 3, 2008
Affirmation of Qualified Immunity in §1983 Claims for Supervisory Officials Introduction The case of Renisa L. Brumfield, Individually and as Wrongful Death Beneficiaries and Representatives of the...
Establishing Secondary Meaning in Unregistered Color Schemes: Board of Supervisors v. Smack Apparel Co.

Establishing Secondary Meaning in Unregistered Color Schemes: Board of Supervisors v. Smack Apparel Co.

Date: Nov 26, 2008
Establishing Secondary Meaning in Unregistered Color Schemes: Board of Supervisors v. Smack Apparel Co. Introduction The case of Board of Supervisors for Louisiana State University Agricultural and...
U.S. v. Cavitt: Reaffirming the Necessity of Effective Counsel and Evidentiary Hearings in §2255 Proceedings

U.S. v. Cavitt: Reaffirming the Necessity of Effective Counsel and Evidentiary Hearings in §2255 Proceedings

Date: Nov 25, 2008
U.S. v. Cavitt: Reaffirming the Necessity of Effective Counsel and Evidentiary Hearings in §2255 Proceedings Introduction United States v. Cavitt is a pivotal case adjudicated by the United States...
Fifth Circuit Upholds Statute of Limitations in §1983 Method-of-Execution Challenges: WALKER v. EPPS

Fifth Circuit Upholds Statute of Limitations in §1983 Method-of-Execution Challenges: WALKER v. EPPS

Date: Nov 25, 2008
Fifth Circuit Upholds Statute of Limitations in §1983 Method-of-Execution Challenges: WALKER v. EPPS Introduction The case of WALKER v. EPPS, 550 F.3d 407 (5th Cir. 2008), is a pivotal judicial...
Affirming Liability of Non-Registered Practitioners under CSA § 2: United States v. Armstrong

Affirming Liability of Non-Registered Practitioners under CSA § 2: United States v. Armstrong

Date: Nov 22, 2008
Affirming Liability of Non-Registered Practitioners under CSA § 2: United States v. Armstrong Introduction In the appellate case United States of America v. Cherlyn R. Armstrong, decided by the...
Attorney's Fees Award to Prevailing Defendant in Employment Discrimination Cases – Stover v. Hattiesburg Public School District

Attorney's Fees Award to Prevailing Defendant in Employment Discrimination Cases – Stover v. Hattiesburg Public School District

Date: Nov 19, 2008
Attorney's Fees Award to Prevailing Defendant in Employment Discrimination Cases: Insights from Stover v. Hattiesburg Public School District Introduction The case of Addie Stover v. Hattiesburg...
Affirmation of Procedural and Evidentiary Standards in Capital Sentencing: United States v. Jackson

Affirmation of Procedural and Evidentiary Standards in Capital Sentencing: United States v. Jackson

Date: Nov 18, 2008
Affirmation of Procedural and Evidentiary Standards in Capital Sentencing: United States v. Jackson Introduction In United States of America v. David Lee Jackson, the United States Court of Appeals...
Affirmation of Emotional-Distress Damages under the Privacy Act in Jacobs v. NDIC

Affirmation of Emotional-Distress Damages under the Privacy Act in Jacobs v. NDIC

Date: Nov 11, 2008
Affirmation of Emotional-Distress Damages under the Privacy Act in JACOBS v. NATIONAL DRUG INTELLIGENCE CENTER Introduction The case of Gary G. JACOBS v. NATIONAL DRUG INTELLIGENCE CENTER (NDIC)...
Enforcement of Arbitration Clauses with Nonsignatory Servicers: Sherer v. Green Tree Servicing LLC

Enforcement of Arbitration Clauses with Nonsignatory Servicers: Sherer v. Green Tree Servicing LLC

Date: Nov 11, 2008
Enforcement of Arbitration Clauses with Nonsignatory Servicers: Sherer v. Green Tree Servicing LLC Introduction Sherer v. Green Tree Servicing LLC (548 F.3d 379, 5th Cir. 2008) is a pivotal case in...
Exhaustion of Administrative Remedies in Employment Discrimination Claims: Alta Garrett v. Judson Independent School District

Exhaustion of Administrative Remedies in Employment Discrimination Claims: Alta Garrett v. Judson Independent School District

Date: Nov 11, 2008
Exhaustion of Administrative Remedies in Employment Discrimination Claims: Alta Garrett v. Judson Independent School District Introduction The case of Alta Garrett v. Judson Independent School...
Affirming the Balancing of Barker Factors in Speedy Trial Claims: Goodrum v. Quarterman

Affirming the Balancing of Barker Factors in Speedy Trial Claims: Goodrum v. Quarterman

Date: Oct 23, 2008
Affirming the Balancing of Barker Factors in Speedy Trial Claims: Goodrum v. Quarterman Introduction In the case of Randy Edward Goodrum v. Nathaniel Quarterman, decided on October 22, 2008, by the...
Enhancing Standards for Rule 4(m) Dismissals: Insights from Millan v. USAA GIC

Enhancing Standards for Rule 4(m) Dismissals: Insights from Millan v. USAA GIC

Date: Oct 17, 2008
Enhancing Standards for Rule 4(m) Dismissals: Insights from Millan v. USAA GIC Introduction Stanley A. Millan, a practicing attorney, filed a pro se lawsuit against USAA General Indemnity Company...
Pre-Petition Escrow Payments Recognized as Bankruptcy Claims Without Violating Automatic Stay

Pre-Petition Escrow Payments Recognized as Bankruptcy Claims Without Violating Automatic Stay

Date: Oct 14, 2008
Pre-Petition Escrow Payments Recognized as Bankruptcy Claims Without Violating Automatic Stay Introduction The case of Caesar R. Campbell; Pamela A. Campbell v. Countrywide Home Loans, Inc. (545 F.3d...
5th Circuit Upholds Employee Classification of Management-Level Sales Leaders Under FLSA’s Economic Realities Test

5th Circuit Upholds Employee Classification of Management-Level Sales Leaders Under FLSA’s Economic Realities Test

Date: Oct 14, 2008
5th Circuit Upholds Employee Classification of Management-Level Sales Leaders Under FLSA’s Economic Realities Test Introduction In the landmark case of Joseph Hopkins; Collective Action Members v....
Mandamus as a Remedy for Venue Transfer Abuse: IN RE VOLKSWAGEN OF AMERICA, Inc.

Mandamus as a Remedy for Venue Transfer Abuse: IN RE VOLKSWAGEN OF AMERICA, Inc.

Date: Oct 11, 2008
Mandamus as a Remedy for Venue Transfer Abuse: IN RE VOLKSWAGEN OF AMERICA, Inc. Introduction In the landmark case of In re: VOLKSWAGEN OF AMERICA, INC., the United States Court of Appeals for the...
Fifth Circuit Establishes Non-Applicability of § 924(e) Enhancement to Specific Burglary Convictions

Fifth Circuit Establishes Non-Applicability of § 924(e) Enhancement to Specific Burglary Convictions

Date: Oct 7, 2008
Non-Applicability of § 924(e) Enhancement to Specific Burglary Convictions: An In-Depth Analysis of United States v. Guadalupe Constante, III Introduction The United States Court of Appeals for the...
Understanding the Application of McCorpen Defense and Collateral Source Rule in Jones Act Claims: A Comprehensive Analysis of Leroy Johnson v. Cenac Towing, Inc.

Understanding the Application of McCorpen Defense and Collateral Source Rule in Jones Act Claims: A Comprehensive Analysis of Leroy Johnson v. Cenac Towing, Inc.

Date: Sep 25, 2008
Understanding the Application of McCorpen Defense and Collateral Source Rule in Jones Act Claims: A Comprehensive Analysis of Leroy Johnson v. Cenac Towing, Inc. Introduction Leroy Johnson v. Cenac...
Application of Statute of Limitations and Qualified Immunity in Employment Discrimination Claims: King v. State of Louisiana

Application of Statute of Limitations and Qualified Immunity in Employment Discrimination Claims: King v. State of Louisiana

Date: Sep 24, 2008
Application of Statute of Limitations and Qualified Immunity in Employment Discrimination Claims: King v. State of Louisiana Introduction In Carol Stewart King v. State of Louisiana, the United...
Fifth Circuit Refines Qualified Immunity Standards in Illegal Arrest and Excessive Force Claims

Fifth Circuit Refines Qualified Immunity Standards in Illegal Arrest and Excessive Force Claims

Date: Sep 24, 2008
Fifth Circuit Refines Qualified Immunity Standards in Illegal Arrest and Excessive Force Claims Introduction In the case of Rubens MESA; Julieta Tarazona v. Dwayne PREJEAN, the United States Court of...
Complete Preemption under the Civil Service Reform Act: Gutierrez v. Flores et al.

Complete Preemption under the Civil Service Reform Act: Gutierrez v. Flores et al.

Date: Sep 23, 2008
Complete Preemption under the Civil Service Reform Act: Gutierrez v. Flores et al. Introduction In the case of Rodolfo Gutierrez v. Ramiro Flores, Aurelino Garcia, Hector Gallardo, and Deborah...
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