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  • Commentaries
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5th Circuit Case Commentaries

Fifth Circuit Affirms Sentencing Enhancements and Upholds Fast-Track Program Disparities in Illegal Reentry Case

Fifth Circuit Affirms Sentencing Enhancements and Upholds Fast-Track Program Disparities in Illegal Reentry Case

Date: Apr 2, 2008
Fifth Circuit Affirms Sentencing Enhancements and Upholds Fast-Track Program Disparities in Illegal Reentry Case Introduction The case of UNITED STATES of America v. Walter Walmores Rodriguez,...
Reversible Plain Error in Prosecutorial Bolstering of Witness Credibility: United States v. Gracia, Jr.

Reversible Plain Error in Prosecutorial Bolstering of Witness Credibility: United States v. Gracia, Jr.

Date: Apr 1, 2008
Reversible Plain Error in Prosecutorial Bolstering of Witness Credibility: United States v. Gracia, Jr. Introduction United States of America v. Apolinar Gracia, Jr. is a landmark case adjudicated by...
Fifth Circuit Rules Bondholders' Fraud Claims Against Third Parties are Separate from Bankruptcy Estate

Fifth Circuit Rules Bondholders' Fraud Claims Against Third Parties are Separate from Bankruptcy Estate

Date: Apr 1, 2008
Fifth Circuit Rules Bondholders' Fraud Claims Against Third Parties are Separate from Bankruptcy Estate Introduction In the case of Highland Capital Management LP et al. v. Chesapeake Energy...
Affirmation of Prison Officials' Authority in Administrative Lockdown: Hernandez v. Velasquez

Affirmation of Prison Officials' Authority in Administrative Lockdown: Hernandez v. Velasquez

Date: Mar 29, 2008
Affirmation of Prison Officials' Authority in Administrative Lockdown: Hernandez v. Velasquez Introduction In the case of Robert Z. Hernandez, Jr. v. Arthur H. Velasquez, 522 F.3d 556 (5th Cir....
Procedural Exhaustion and Ineffective Assistance of Counsel under AEDPA: Ries v. Quarterman

Procedural Exhaustion and Ineffective Assistance of Counsel under AEDPA: Ries v. Quarterman

Date: Mar 28, 2008
Procedural Exhaustion and Ineffective Assistance of Counsel under AEDPA: Ries v. Quarterman Introduction Ries v. Quarterman, 522 F.3d 517 (5th Cir. 2008), is a significant decision by the United...
Defining 'Necessary Steps': 5th Circuit Reinforces Clear Standards in Public Smoking Ordinances

Defining 'Necessary Steps': 5th Circuit Reinforces Clear Standards in Public Smoking Ordinances

Date: Mar 28, 2008
Defining 'Necessary Steps': 5th Circuit Reinforces Clear Standards in Public Smoking Ordinances Introduction In the landmark case of Roark Hardee LP v. City of Austin, the United States Court of...
Affirmation of First Amendment Protections for Public Employees in Retaliation Cases: Shelton Charles v. Gary Grief

Affirmation of First Amendment Protections for Public Employees in Retaliation Cases: Shelton Charles v. Gary Grief

Date: Mar 27, 2008
Affirmation of First Amendment Protections for Public Employees in Retaliation Cases: Shelton Charles v. Gary Grief Introduction In Shelton Charles v. Gary Grief, 522 F.3d 508 (5th Cir. 2008), the...
Affirmation of Mendoza's Conviction: Precedents on Prosecutorial Comments and Guilt Knowledge

Affirmation of Mendoza's Conviction: Precedents on Prosecutorial Comments and Guilt Knowledge

Date: Mar 27, 2008
Affirmation of Mendoza's Conviction: Precedents on Prosecutorial Comments and Guilt Knowledge Introduction The case of United States v. Francisco Mendoza, Jr., 522 F.3d 482 (5th Cir. 2008), involves...
Affirmation of Scienter Requirements in False Claims Act Suit: Farmer v. City of Houston

Affirmation of Scienter Requirements in False Claims Act Suit: Farmer v. City of Houston

Date: Mar 26, 2008
Affirmation of Scienter Requirements in False Claims Act Suit: Farmer v. City of Houston Introduction In United States of America ex rel. Marsha Farmer v. City of Houston; Houston Area Urban League,...
In Pari Delicto Affirmed as a Defense in Civil RICO Claims: Analysis of Rogers v. McDorman (5th Cir. 2008)

In Pari Delicto Affirmed as a Defense in Civil RICO Claims: Analysis of Rogers v. McDorman (5th Cir. 2008)

Date: Mar 19, 2008
In Pari Delicto Affirmed as a Defense in Civil RICO Claims: Analysis of Rogers v. McDorman (5th Cir. 2008) Introduction In Rogers v. McDorman, decided by the United States Court of Appeals for the...
Burden of Proof in 'As Is' Vehicle Lease Agreements Under Texas DTPA

Burden of Proof in 'As Is' Vehicle Lease Agreements Under Texas DTPA

Date: Mar 12, 2008
Burden of Proof in 'As Is' Vehicle Lease Agreements Under Texas DTPA Introduction The case of Antwane Owens v. Mercedes-Benz USA, LLC, decided by the United States District Court for the Northern...
Bank Fraud Classified as an Aggravated Felony Under INA & Eligibility for Waiver of Inadmissibility: Martinez v. Mukasey

Bank Fraud Classified as an Aggravated Felony Under INA & Eligibility for Waiver of Inadmissibility: Martinez v. Mukasey

Date: Mar 12, 2008
Bank Fraud Classified as an Aggravated Felony Under the Immigration and Nationality Act (INA) & Eligibility for Waiver of Inadmissibility Introduction The case of Jose Martinez v. Michael B. Mukasey,...
Establishing Prevailing Party Status under 42 U.S.C. § 1988(b): Analysis of DEARMORE v. CITY OF GARLAND

Establishing Prevailing Party Status under 42 U.S.C. § 1988(b): Analysis of DEARMORE v. CITY OF GARLAND

Date: Mar 11, 2008
Establishing Prevailing Party Status under 42 U.S.C. § 1988(b): Analysis of DEARMORE v. CITY OF GARLAND Introduction The case of DEARMORE v. CITY OF GARLAND, adjudicated by the United States Court of...
5th Circuit Affirms Upward Sentencing Departure Based on Controlled Substance Offense Classification

5th Circuit Affirms Upward Sentencing Departure Based on Controlled Substance Offense Classification

Date: Mar 11, 2008
5th Circuit Affirms Upward Sentencing Departure Based on Controlled Substance Offense Classification Introduction In United States of America v. Rene Herrera-Garduno, 519 F.3d 526 (5th Cir. 2008),...
Chambers v. Mukasey: Establishing Waiver of Service Defects and Ineligibility for Adjustment of Status in Removal Proceedings

Chambers v. Mukasey: Establishing Waiver of Service Defects and Ineligibility for Adjustment of Status in Removal Proceedings

Date: Mar 8, 2008
Chambers v. Mukasey: Establishing Waiver of Service Defects and Ineligibility for Adjustment of Status in Removal Proceedings Introduction The case of Clairence Nzelle Chambers v. Michael B. Mukasey,...
Reaffirmation of Robins Dry Dock Principle in Maritime Contract Disputes: Norwegian Bulk Transport A/S v. International Marine Terminals Partnership

Reaffirmation of Robins Dry Dock Principle in Maritime Contract Disputes: Norwegian Bulk Transport A/S v. International Marine Terminals Partnership

Date: Mar 7, 2008
Reaffirmation of Robins Dry Dock Principle in Maritime Contract Disputes: Norwegian Bulk Transport A/S v. International Marine Terminals Partnership Introduction The case of Norwegian Bulk Transport...
Fifth Circuit Reinforces Materiality and Fixed Obligation Standards in False Claims Act Qui Tam Dismissal

Fifth Circuit Reinforces Materiality and Fixed Obligation Standards in False Claims Act Qui Tam Dismissal

Date: Mar 6, 2008
Fifth Circuit Reinforces Materiality and Fixed Obligation Standards in False Claims Act Qui Tam Dismissal Introduction The case of United States of America, ex rel. Robert Daniel Marcy v. Rowan...
Syl v. Lufkin Industries: 5th Circuit Clarifies EEOC Exhaustion and Promotion Practices in Title VII Disparate-Impact Class Actions

Syl v. Lufkin Industries: 5th Circuit Clarifies EEOC Exhaustion and Promotion Practices in Title VII Disparate-Impact Class Actions

Date: Mar 1, 2008
Syl v. Lufkin Industries: 5th Circuit Clarifies EEOC Exhaustion and Promotion Practices in Title VII Disparate-Impact Class Actions Introduction Syl v. Lufkin Industries, Inc., 519 F.3d 264 (5th Cir....
Qualified Immunity Not Available to Forensic Experts Engaging in Evidence Fabrication or Concealment: Brown v. Miller

Qualified Immunity Not Available to Forensic Experts Engaging in Evidence Fabrication or Concealment: Brown v. Miller

Date: Feb 28, 2008
Qualified Immunity Not Available to Forensic Experts Engaging in Evidence Fabrication or Concealment: Brown v. Miller Introduction The case of Dennis Patrick Brown v. Nace Jerry Miller addresses...
CBC Innovis Inc. v. Audler: Fifth Circuit Upholds Dismissal of Negligence Claims in Flood Zone Determination Case

CBC Innovis Inc. v. Audler: Fifth Circuit Upholds Dismissal of Negligence Claims in Flood Zone Determination Case

Date: Feb 28, 2008
CBC Innovis Inc. v. Audler: Fifth Circuit Upholds Dismissal of Negligence Claims in Flood Zone Determination Case Introduction In the landmark case Brian A. Audler v. CBC Innovis Inc., the United...
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