5th Circuit Case Commentaries

Affirmation of Dismissal for Failure to Effect Service Under Rule 4(m) in Ward v. Enron

Date: Jul 3, 2008

Affirmation of Dismissal for Failure to Effect Service Under Rule 4(m) in Ward v. Enron Introduction The case of Mark Newby et al. v. Enron Corporation et al., adjudicated by the United States Court...

Affirmation of Dismissal of Title VII Claim for Dual-Status Military Employee

Date: Jul 1, 2008

Affirmation of Dismissal of Title VII Claim for Dual-Status Military Employee Introduction The case of Roynell J. Williams v. Michael W. Wynne, Secretary of the United States Air Force (533 F.3d 360,...

Limitation of Federal Jurisdiction in Preemption Claims: Insights from NOGCR v. Marino

Date: Jun 26, 2008

Limitation of Federal Jurisdiction in Preemption Claims: Insights from New Orleans Gulf Coast Railway Co. v. Angel Marino Introduction The case New Orleans Gulf Coast Railway Company v. Angel Marino,...

Finality of Conviction and Statute of Limitations in Federal Habeas Petitions: Butler v. Cain

Date: Jun 26, 2008

Finality of Conviction and Statute of Limitations in Federal Habeas Petitions: Butler v. Cain Introduction Butler v. Cain is a pivotal case decided by the United States Court of Appeals for the Fifth...

Application of Feres Doctrine to Dual-Status National Guard Technicians: Walch v. Adjutant General's Department

Date: Jun 25, 2008

Application of Feres Doctrine to Dual-Status National Guard Technicians: Walch v. Adjutant General's Department Introduction In the case of Graylon L. Walch v. Adjutant General's Department of Texas,...

Clarifying ERISA: Fifth Circuit Distinguishes Welfare vs. Pension Plans in Alcatel Retiree Benefits Case

Date: Jun 21, 2008

Clarifying ERISA: Fifth Circuit Distinguishes Welfare vs. Pension Plans in Alcatel Retiree Benefits Case Introduction The case of Judy Nichols, Indi v. Alcatel USA, Inc., adjudicated by the United...

Supplemental Jurisdiction Retained, but Medical Malpractice Claims Barred by Texas Statute of Limitations

Date: Jun 19, 2008

Supplemental Jurisdiction Retained, but Medical Malpractice Claims Barred by Texas Statute of Limitations Introduction The case of Rick Mendoza and Irene Mendoza v. Alicia G. Murphy, M.D.; Mariano...

Delta Pine Land Co. v. Nationwide Agribusiness Insurance Co.: Affirming Duty to Defend Under Modified Insurance Policies

Date: Jun 11, 2008

Delta Pine Land Co. v. Nationwide Agribusiness Insurance Co.: Affirming Duty to Defend Under Modified Insurance Policies Introduction In Delta Pine Land Company v. Nationwide Agribusiness Insurance...

Dismissal of Section 1983 Claims on Equal Protection Grounds for Deaf Inmate

Date: Jun 10, 2008

Dismissal of Section 1983 Claims on Equal Protection Grounds for Deaf Inmate Introduction In the case of Charles Henry Douglas v. Sheriff Marlin Gusman, et al., decided on June 9, 2008, the United...

Fifth Circuit Affirms Limitation of FMLA Retaliation Claims to Direct Employees

Date: Jun 7, 2008

Fifth Circuit Affirms Limitation of FMLA Retaliation Claims to Direct Employees Introduction In the case of Lawrence E. Elsensohn, Jr. v. St. Tammany Parish Sheriff's Office et al., the United States...

Affirmation of Untimely §2255 Motion Denial: Standards for Equitable Tolling in the Fifth Circuit

Date: Jun 7, 2008

Affirmation of Untimely §2255 Motion Denial: Standards for Equitable Tolling in the Fifth Circuit Introduction In the appellate case United States of America v. Allen Petty, Jr., 530 F.3d 361 (5th...

Affirming the Standard: Eighth Amendment Claims Require Demonstrated Deprivation of Basic Necessities in Prison Conditions

Date: Jun 6, 2008

Affirming the Standard: Eighth Amendment Claims Require Demonstrated Deprivation of Basic Necessities in Prison Conditions Introduction Alan Wade Johnson v. Texas Board of Criminal Justice is a...

Procedural Barriers in Federal Habeas Corpus: The Hughes v. Quarterman Decision

Date: Jun 6, 2008

Procedural Barriers in Federal Habeas Corpus: The Hughes v. Quarterman Decision Introduction Preston Hughes, III v. Nathaniel Quarterman is a landmark decision by the United States Court of Appeals...

Protected Activity under FLSA Retaliation: Stepping Outside Managerial Role

Date: May 31, 2008

Protected Activity under FLSA Retaliation: Stepping Outside Managerial Role Introduction In the landmark case Robin Hagan v. Echostar Satellite, L.L.C. Echosphere, L.L.C. (529 F.3d 617), the United...

Mayfield v. Texas Department of Criminal Justice: Affirming Rights to Religious Practice in Incarcerated Settings

Date: May 31, 2008

Mayfield v. Texas Department of Criminal Justice: Affirming Rights to Religious Practice in Incarcerated Settings Introduction Darren L. Mayfield, a prisoner in the Hughes Unit of the Texas...

Limiting the Application of the Political Question Doctrine in Civilian Tort Claims Against Military Contractors: KBR v. Lane, et al.

Date: May 29, 2008

Limiting the Application of the Political Question Doctrine in Civilian Tort Claims Against Military Contractors: KBR v. Lane, et al., 529 F.3d 548 (5th Cir. 2008) Introduction The case of Reginald...

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