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  • Commentaries
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5th Circuit Case Commentaries

Deliberate Indifference in Jailhouse Deaths: WHITT v. STEPHENS COUNTY

Deliberate Indifference in Jailhouse Deaths: WHITT v. STEPHENS COUNTY

Date: May 22, 2008
Deliberate Indifference in Jailhouse Deaths: WHITT v. STEPHENS COUNTY Introduction WHITT v. STEPHENS COUNTY (529 F.3d 278, 5th Cir. 2008) is a significant appellate decision that addresses the...
Section 253 of the Federal Telecommunications Act Does Not Create a Private Right of Action Under §1983: Fifth Circuit Upholds City of Houston Ordinance

Section 253 of the Federal Telecommunications Act Does Not Create a Private Right of Action Under §1983: Fifth Circuit Upholds City of Houston Ordinance

Date: May 21, 2008
Section 253 of the Federal Telecommunications Act Does Not Create a Private Right of Action Under §1983: Fifth Circuit Upholds City of Houston Ordinance Introduction In the case of Southwestern Bell...
Doe v. MySpace Inc.: Upholding CDA §230 Immunity in Online Platform Liability

Doe v. MySpace Inc.: Upholding CDA §230 Immunity in Online Platform Liability

Date: May 17, 2008
Doe v. MySpace Inc.: Upholding CDA §230 Immunity in Online Platform Liability Introduction In the landmark case of Doe v. MySpace Inc., the United States Court of Appeals for the Fifth Circuit...
Enhanced Employer Liability for Misrepresentation in Medical Credentialing: Kadlec Medical Center v. Lakeview Anesthesia Associates

Enhanced Employer Liability for Misrepresentation in Medical Credentialing: Kadlec Medical Center v. Lakeview Anesthesia Associates

Date: May 9, 2008
Enhanced Employer Liability for Misrepresentation in Medical Credentialing: Kadlec Medical Center v. Lakeview Anesthesia Associates Introduction The case of Kadlec Medical Center; Western...
Affirmation of Summary Judgment: Clarifying State Action and Municipal Liability under 42 U.S.C. § 1983

Affirmation of Summary Judgment: Clarifying State Action and Municipal Liability under 42 U.S.C. § 1983

Date: May 3, 2008
Affirmation of Summary Judgment: Clarifying State Action and Municipal Liability under 42 U.S.C. § 1983 Introduction The appellate case of Robert Barkley v. Dillard Department Stores Inc.; Harris...
Burns v. United States: Sentencing Disparities in Crack and Powder Cocaine Offenses Addressed

Burns v. United States: Sentencing Disparities in Crack and Powder Cocaine Offenses Addressed

Date: May 3, 2008
Burns v. United States: Sentencing Disparities in Crack and Powder Cocaine Offenses Addressed Introduction Burns v. United States is a pivotal appellate case decided by the United States Court of...
Establishing Default Judgment Procedures in Asset Forfeiture: United States v. 1998 Freightliner VIN # 1FUYCZYB3WP886986

Establishing Default Judgment Procedures in Asset Forfeiture: United States v. 1998 Freightliner VIN # 1FUYCZYB3WP886986

Date: May 1, 2008
Establishing Default Judgment Procedures in Asset Forfeiture Introduction In the case of United States of America v. 1998 Freightliner VIN #: 1FUYCZYB3WP886986, the United States District Court for...
Affirmation of Aiding and Abetting Murder Conviction in United States v. Gulley

Affirmation of Aiding and Abetting Murder Conviction in United States v. Gulley

Date: May 1, 2008
Affirmation of Aiding and Abetting Murder Conviction in United States v. Gulley Introduction United States v. Arzell Gulley, 526 F.3d 809 (5th Cir. 2008), is a significant appellate decision...
Fifth Circuit Upholds Enhanced Sentencing for Repeat Illegal Re-entry under §3553(a)

Fifth Circuit Upholds Enhanced Sentencing for Repeat Illegal Re-entry under §3553(a)

Date: Apr 30, 2008
Fifth Circuit Upholds Enhanced Sentencing for Repeat Illegal Re-entry under §3553(a) Introduction In the case of United States of America v. Raul Lopez-Velasquez, also known as Raul Camacho-Salazar,...
Fiduciary Duties in Employee Investment Plans: Kirschbaum v. Reliant Energy, Inc. Analysis

Fiduciary Duties in Employee Investment Plans: Kirschbaum v. Reliant Energy, Inc. Analysis

Date: Apr 26, 2008
Fiduciary Duties in Employee Investment Plans: Kirschbaum v. Reliant Energy, Inc. Analysis Introduction Kirschbaum v. Reliant Energy, Inc. is a pivotal case adjudicated by the United States Court of...
Strict Compliance with EEOC Filing Deadlines and Entity Identification in Hartz v. Tulane Educational Fund

Strict Compliance with EEOC Filing Deadlines and Entity Identification in Hartz v. Tulane Educational Fund

Date: Apr 17, 2008
Strict Compliance with EEOC Filing Deadlines and Entity Identification in Hartz v. Tulane Educational Fund Introduction The case of Renee S. Hartz, MD, Plaintiff-Appellee, v. Administrators of the...
Affirmation of Non-Guideline Sentences Amidst Sentencing Guideline Misapplication: United States v. Bonilla

Affirmation of Non-Guideline Sentences Amidst Sentencing Guideline Misapplication: United States v. Bonilla

Date: Apr 11, 2008
Affirmation of Non-Guideline Sentences Amidst Sentencing Guideline Misapplication: United States v. Bonilla Introduction In the case of United States of America v. Carlos Constantino Bonilla, the...
Proper Calculation of AEDPA's Timeliness and Separation of Civil and Criminal Counsel Responsibilities in Starns v. Andrews

Proper Calculation of AEDPA's Timeliness and Separation of Civil and Criminal Counsel Responsibilities in Starns v. Andrews

Date: Apr 11, 2008
Proper Calculation of AEDPA's Timeliness and Separation of Civil and Criminal Counsel Responsibilities in Starns v. Andrews Introduction James Starns v. O. Kent Andrews, 524 F.3d 612 (5th Cir. 2008),...
Ramos-Cardenas v. United States: Upholding Convictions under the Bruton Exception and Sufficient Evidence Standards

Ramos-Cardenas v. United States: Upholding Convictions under the Bruton Exception and Sufficient Evidence Standards

Date: Apr 10, 2008
Ramos-Cardenas v. United States: Upholding Convictions under the Bruton Exception and Sufficient Evidence Standards Introduction In the landmark case of United States v. Ramos-Cardenas et al., 524...
Strict Adherence to Rule 9011 Service Requirements Affirmed in IN RE PRATT, Jr.

Strict Adherence to Rule 9011 Service Requirements Affirmed in IN RE PRATT, Jr.

Date: Apr 9, 2008
Strict Adherence to Rule 9011 Service Requirements Affirmed in IN RE PRATT, Jr. Introduction The case of The Cadle Company v. Jack E. Pratt, Jr. (524 F.3d 580) adjudicated by the United States Court...
General Jurisdiction Over Foreign Defendants: Velkis Johnston et al. v. Multidata Systems International Corp.

General Jurisdiction Over Foreign Defendants: Velkis Johnston et al. v. Multidata Systems International Corp.

Date: Apr 8, 2008
General Jurisdiction Over Foreign Defendants: Velkis Johnston et al. v. Multidata Systems International Corp. Introduction The case of Velkis Johnston; Natasha Chandler; Min v. Multidata Systems...
Reevaluation of Anti-Concurrent Cause Clauses in Catastrophic Insurance Claims: Broussard v. State Farm

Reevaluation of Anti-Concurrent Cause Clauses in Catastrophic Insurance Claims: Broussard v. State Farm

Date: Apr 8, 2008
Reevaluation of Anti-Concurrent Cause Clauses in Catastrophic Insurance Claims: Broussard v. State Farm Introduction Broussard v. State Farm Fire and Casualty Co. is a landmark appellate decision...
Upholding Sentencing Disparity Authorized by Fast Track Programs: Analysis of United States v. Gomez-Herrera

Upholding Sentencing Disparity Authorized by Fast Track Programs: Analysis of United States v. Gomez-Herrera

Date: Apr 4, 2008
Upholding Sentencing Disparity Authorized by Fast Track Programs: Analysis of United States v. Gomez-Herrera Introduction In United States v. Gomez-Herrera, 523 F.3d 554 (5th Cir. 2008), the United...
Federal Question Jurisdiction and Preemption under the Electronic Fund Transfer Act: Bernhard v. Whitney National Bank

Federal Question Jurisdiction and Preemption under the Electronic Fund Transfer Act: Bernhard v. Whitney National Bank

Date: Apr 3, 2008
Federal Question Jurisdiction and Preemption under the Electronic Fund Transfer Act: Bernhard v. Whitney National Bank Introduction Barry Bernhard and Sheryle Bernhard initiated a lawsuit against...
Establishing Employer Liability for Negligent Supervision of Off-Duty Employees on Premises

Establishing Employer Liability for Negligent Supervision of Off-Duty Employees on Premises

Date: Apr 2, 2008
Establishing Employer Liability for Negligent Supervision of Off-Duty Employees on Premises Introduction In the appellate decision titled Mike FORADORI, etc.; et al., Plaintiffs, Michael Foradori,...
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