5th Circuit Case Commentaries

Affirmation of Qualified Immunity and Entity Capacity in Crull v. City of New Braunfels

Date: Feb 26, 2008

Affirmation of Qualified Immunity and Entity Capacity in Crull v. City of New Braunfels Introduction Larry Dean Crull v. City of New Braunfels, Texas; New Braunfels Police Department; Michael O....

Clarifying Mold Exclusions and Mitigation Duties in Texas Homeowners Insurance: Insights from Ja v. Carrizales

Date: Feb 23, 2008

Clarifying Mold Exclusions and Mitigation Duties in Texas Homeowners Insurance: Insights from Ja v. Carrizales Introduction The case of Ja v. Carrizales; E, decided by the United States Court of...

Extrateritorial Jurisdiction and Profit Disgorgement under the Lanham Act: Insights from American Rice, Inc. v. Producers Rice Mill, Inc.

Date: Feb 23, 2008

Extrateritorial Jurisdiction and Profit Disgorgement under the Lanham Act: Insights from American Rice, Inc. v. Producers Rice Mill, Inc. Introduction The case of American Rice, Inc. v. Producers...

Balancing Public Employee Speech and Official Duties: The Davis v. McKinney Precedent

Date: Feb 22, 2008

Balancing Public Employee Speech and Official Duties: The Davis v. McKinney Precedent Introduction The case of Cynthia M. Davis v. Michael McKinney, M.D., adjudicated by the United States Court of...

Affirmation of Above-Guidelines Sentencing Post-Booker: United States v. George W. Williams

Date: Feb 19, 2008

Affirmation of Above-Guidelines Sentencing Post-Booker: United States v. George W. Williams Introduction In the case of United States v. George W. Williams, 517 F.3d 801 (5th Cir. 2008), the United...

Admissibility of Redacted Factual Resumes Under FRE 801(d)(1)(A): United States v. Cisneros-Gutierrez

Date: Feb 14, 2008

Admissibility of Redacted Factual Resumes Under FRE 801(d)(1)(A): United States v. Cisneros-Gutierrez Introduction In the case of United States of America v. Osvaldo Cisneros-Gutierrez (517 F.3d...

Dreamer's and Le Rouge Boutique v. Travis County: Redefining Constitutional Boundaries on Obscene Devices Legislation

Date: Feb 13, 2008

Dreamer's and Le Rouge Boutique v. Travis County: Redefining Constitutional Boundaries on Obscene Devices Legislation Introduction Dreamer's and Le Rouge Boutique, Inc. and PHE, Inc., doing business...

Establishing Associational Standing in Economic and Constitutional Challenges: TCTA v. PUC of Texas

Date: Feb 8, 2008

Establishing Associational Standing in Economic and Constitutional Challenges: Texas Cable Telecommunications Association v. PUC of Texas Introduction The case of Texas Cable Telecommunications...

Establishing Specific Personal Jurisdiction Over Law Firms in Fiduciary Duty Breaches: Insights from Walk Haydel Associates, Inc. v. Coastal Power Production Company

Date: Feb 7, 2008

Establishing Specific Personal Jurisdiction Over Law Firms in Fiduciary Duty Breaches: Insights from Walk Haydel Associates, Inc. v. Coastal Power Production Company Introduction The case of Walk...

Unenforceable Arbitration Agreements: Morrison v. Amway Corp.

Date: Feb 7, 2008

Unenforceable Arbitration Agreements: Morrison v. Amway Corp. Introduction Morrison v. Amway Corp., 517 F.3d 248 (5th Cir. 2008), is a pivotal case in the realm of arbitration agreements within...

Enhanced Judicial Scrutiny Required in Attorneys' Fee Allocations by Interest-Laden Committees: Sil v. Barrett, Fifth Circuit

Date: Feb 5, 2008

Enhanced Judicial Scrutiny Required in Attorneys' Fee Allocations by Interest-Laden Committees: Sil v. Barrett, Fifth Circuit Introduction The case of Silvestri et al. v. Barrett et al. represents a...

Fifth Circuit Establishes Authority Over Life Insurance Proceeds from Undisclosed Pre-Petition Funds in Bankruptcy

Date: Feb 2, 2008

Fifth Circuit Establishes Authority Over Life Insurance Proceeds from Undisclosed Pre-Petition Funds in Bankruptcy Introduction The case of In the Matter of Michael McLain, Debtor presents a pivotal...

Defining "Waters of the United States" under the Clean Water Act: Implications from United States v. Lucas et al.

Date: Feb 2, 2008

Defining "Waters of the United States" under the Clean Water Act: Implications from United States v. Lucas et al. Introduction United States of America v. Robert J. Lucas, Jr.; Big Hill Acres, Inc.;...

ERISA Preemption Clarified in Shearer v. Southwest Service Life Insurance Co.

Date: Feb 1, 2008

ERISA Preemption Clarified in Shearer v. Southwest Service Life Insurance Co. Introduction In Shearer v. Southwest Service Life Insurance Company, 516 F.3d 276 (5th Cir. 2008), the United States...

Fifth Circuit Clarifies Successive Habeas Corpus Petitions Under AEDPA: Hardemon v. Quarterman

Date: Jan 31, 2008

Fifth Circuit Clarifies Successive Habeas Corpus Petitions Under AEDPA: Hardemon v. Quarterman Introduction In the landmark case of Albert L. Hardemon, Jr. v. Nathaniel Quarterman, the United States...

Smith v. Quarterman: Affirmation on Ineffective Counsel and Jury Instructions in Capital Sentencing

Date: Jan 24, 2008

Smith v. Quarterman: Affirmation on Ineffective Counsel and Jury Instructions in Capital Sentencing Introduction Smith v. Quarterman, 515 F.3d 392 (5th Cir. 2008), addresses critical issues in...

Reaffirming the Specificity Requirement for Protected Activity under SOX Whistleblower Protection in Allen v. Administrative Review Board

Date: Jan 23, 2008

Reaffirming the Specificity Requirement for Protected Activity under SOX Whistleblower Protection in Allen v. Administrative Review Board Introduction In the case of Patricia Allen, Laura Waldon,...

Previous Next