5th Circuit Case Commentaries

Heck Doctrine Reaffirmed: Bar on Section 1983 Claims Tied to Criminal Convictions in Connors v. Graves et al.

Date: Aug 5, 2008

Heck Doctrine Reaffirmed: Bar on Section 1983 Claims Tied to Criminal Convictions in Connors v. Graves et al. Introduction In the landmark case of Shawn Connors, Plaintiff-Appellant, v. Willie...

Duty to Defend Under Texas 'Eight Corners' Rule: Gore Design Completions v. Hartford Fire Insurance

Date: Aug 5, 2008

Duty to Defend Under Texas 'Eight Corners' Rule: Gore Design Completions v. Hartford Fire Insurance Introduction The case of Gore Design Completions, Ltd. v. Hartford Fire Insurance Co. (538 F.3d...

Limits on Federal Jurisdiction for State-Law Legal Malpractice Claims: Singh v. Duane Morris LLP

Date: Jul 31, 2008

Limits on Federal Jurisdiction for State-Law Legal Malpractice Claims: Singh v. Duane Morris LLP Introduction Singh v. Duane Morris LLP, 538 F.3d 334 (5th Cir. 2008), is a pivotal case that...

Evidentiary Foundations and the Admissibility of NCMEC Reports in Cyber Child Pornography Cases: Commentary on United States v. Samuel E. Baker, Jr.

Date: Jul 31, 2008

Evidentiary Foundations and the Admissibility of NCMEC Reports in Cyber Child Pornography Cases: Commentary on United States v. Samuel E. Baker, Jr. Introduction In United States v. Samuel E. Baker,...

Strong Inference of Scienter Required for Securities Fraud Claims under PSLRA

Date: Jul 30, 2008

Strong Inference of Scienter Required for Securities Fraud Claims under PSLRA Introduction The case of Indiana Electrical Workers' Pension Trust Fund IBEW et al. v. Shaw Group, Inc. et al. revolves...

Ineffective Assistance of Counsel under AEDPA: Analyzing Pondexter v. Quarterman

Date: Jul 30, 2008

Ineffective Assistance of Counsel under AEDPA: Analyzing Pondexter v. Quarterman Introduction Pondexter v. Quarterman, 537 F.3d 511 (5th Cir. 2008), is a pivotal case that examines the boundaries of...

Limiting Hearsay Evidence in Civil Forfeiture Under CAFRA: United States v. Roberto Garcia-Baeza

Date: Jul 29, 2008

Limiting Hearsay Evidence in Civil Forfeiture Under CAFRA: United States v. Roberto Garcia-Baeza Introduction The case of United States of America v. Roberto Garcia-Baeza (537 F.3d 504) adjudicated...

Affirmation of Qualified Immunity in Child Abuse Investigations: Gates v. TDPRS and Fort Bend

Date: Jul 29, 2008

Affirmation of Qualified Immunity in Child Abuse Investigations: Gates v. TDPRS and Fort Bend Introduction The case of Gary W. Gates, Jr.; Melissa Gates, Individually and as next friends to Sarah...

Determining Finality of Conviction for §2255 Motions: Insights from United States v. Plascencia

Date: Jul 24, 2008

Determining Finality of Conviction for §2255 Motions: Insights from United States v. Plascencia Introduction In United States v. Plascencia, the United States Court of Appeals for the Fifth Circuit...

Attorney's Willful Violation of Automatic Bankruptcy Stay Under Section 362(k): Repine v. Young

Date: Jul 23, 2008

Attorney's Willful Violation of Automatic Bankruptcy Stay Under Section 362(k): Repine v. Young Introduction The case of In re: Ronald Eugene Repine, Debtor. Patsy Young, Appellant, v. Ronald Eugene...

Brantley Sentencing Affirms Use of PSR in Guideline Departures

Date: Jul 22, 2008

Brantley Sentencing Affirms Use of Presentence Report in Guideline Departures Introduction United States v. Olan Wayne Brantley, 537 F.3d 347 (5th Cir. 2008), is a significant appellate decision...

Enforceability of Forum-Selection Clauses in Attorney-Client Agreements: Ginter v. Belcher

Date: Jul 19, 2008

Enforcement of Forum-Selection Clauses in Attorney-Client Contracts Confirmed Unless Overreaching: Ginter v. Belcher Introduction In the case of Lisa Marie Ginter, on behalf of her minor child,...

Protection of Political Campaigning by Public Employees: Da v. JAMES Commentary

Date: Jul 15, 2008

Protection of Political Campaigning by Public Employees: Da v. JAMES Commentary Introduction Da v. JAMES (535 F.3d 365) is a significant case decided by the United States Court of Appeals for the...

Judicial Estoppel in Bankruptcy: Reversing Summary Judgment in Kane v. National Union Fire Insurance Co.

Date: Jul 15, 2008

Judicial Estoppel in Bankruptcy: Reversing Summary Judgment in Kane v. National Union Fire Insurance Co. Introduction Kane v. National Union Fire Insurance Company is a pivotal case decided by the...

Nelson v. University of Texas at Dallas: Reinstatement under FMLA and the EX PARTE YOUNG Exception to Eleventh Amendment Immunity

Date: Jul 11, 2008

Nelson v. University of Texas at Dallas: Reinstatement under FMLA and the EX PARTE YOUNG Exception to Eleventh Amendment Immunity Introduction In the case of Robert T. Nelson v. University of Texas...

Qualified Immunity and Ripeness of Takings Claims in Waltman v. Payne

Date: Jul 11, 2008

Qualified Immunity and Ripeness of Takings Claims in Waltman v. Payne Introduction Waltman v. Payne, 535 F.3d 342 (5th Cir. 2008), is a significant case addressing the scope of qualified immunity for...

SLUSA Preemption Affirmed in Enron MDL Litigation

Date: Jul 11, 2008

SLUSA Preemption Affirmed in Enron MDL Litigation Introduction The collapse of the Enron Corporation in the early 2000s led to significant legal repercussions, including a series of lawsuits filed by...

Establishing Compensation for Pre/Post Work Activities under FLSA: Collins v. Sanderson Farms

Date: Jul 10, 2008

Establishing Compensation for Pre/Post Work Activities under FLSA: Collins v. Sanderson Farms Introduction In the landmark case of Annie Collins on behalf of herself and All Others Similarly Situated...

Affirmation of Harassment Claims and Rejection of Constructive Discharge and Retaliation in Aryain v. Wal-Mart Stores Texas LP

Date: Jul 9, 2008

Affirmation of Harassment Claims and Rejection of Constructive Discharge and Retaliation in Aryain v. Wal-Mart Stores Texas LP Introduction Case: Jenna Aryain, Plaintiff-Appellant vs. Wal-Mart Stores...

Clarifying Certificate of Appealability Standards Under AEDPA: Insights from Moore v. Quarterman

Date: Jul 8, 2008

Clarifying Certificate of Appealability Standards Under AEDPA: Insights from Moore v. Quarterman Introduction The case of Frank Moore v. Nathaniel Quarterman serves as a pivotal example in...

Previous Next