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  • Commentaries
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5th Circuit Case Commentaries

Distinct Excessive Force Claims and the Heck Doctrine: Insights from Holly BUSH v. STRAIN

Distinct Excessive Force Claims and the Heck Doctrine: Insights from Holly BUSH v. STRAIN

Date: Jan 15, 2008
Distinct Excessive Force Claims and the Heck Doctrine: Insights from Holly BUSH v. STRAIN Introduction The case of Holly BUSH, Plaintiff-Appellant, v. Rodney Jack STRAIN, Jr., adjudicated by the...
Stroman Realty v. Wercinski: Limits on Personal Jurisdiction in §1983 Claims

Stroman Realty v. Wercinski: Limits on Personal Jurisdiction in §1983 Claims

Date: Jan 12, 2008
Stroman Realty v. Wercinski: Limits on Personal Jurisdiction in §1983 Claims Introduction Stroman Realty, Inc. v. Sam Wercinski is a landmark decision by the United States Court of Appeals for the...
Enhancing Sentencing Through Obstruction of Justice: Insights from United States v. Juarez-Duarte

Enhancing Sentencing Through Obstruction of Justice: Insights from United States v. Juarez-Duarte

Date: Jan 5, 2008
Enhancing Sentencing Through Obstruction of Justice: Insights from United States v. Juarez-Duarte Introduction United States of America v. Jorge Armando Juarez-Duarte, 513 F.3d 204 (5th Cir. 2008),...
Affirmation of Firearm Possession in Furtherance of Drug Trafficking: United States v. Yanez Sosa

Affirmation of Firearm Possession in Furtherance of Drug Trafficking: United States v. Yanez Sosa

Date: Jan 5, 2008
Affirmation of Firearm Possession in Furtherance of Drug Trafficking: United States v. Yanez Sosa Introduction The case of United States of America v. Feliciano Yanez Sosa, adjudicated by the United...
No Property Interest in FEMA's Continued Rental Assistance: A Comprehensive Analysis of RIDGELY v. FEMA

No Property Interest in FEMA's Continued Rental Assistance: A Comprehensive Analysis of RIDGELY v. FEMA

Date: Jan 5, 2008
No Property Interest in FEMA's Continued Rental Assistance: A Comprehensive Analysis of RIDGELY v. FEMA Introduction RIDGELY et al. v. Federal Emergency Management Agency (FEMA), 512 F.3d 727 (5th...
Jurisdiction to Modify Pre-Filing Injunctions Suo Moto: Douglas Baum v. Blue Moon Ventures

Jurisdiction to Modify Pre-Filing Injunctions Suo Moto: Douglas Baum v. Blue Moon Ventures

Date: Jan 4, 2008
Jurisdiction to Modify Pre-Filing Injunctions Suo Moto: Douglas Baum v. Blue Moon Ventures Introduction In the case of Douglas Baum, Movant-Appellant v. Blue Moon Ventures, LLC et al., the United...
Fifth Circuit Affirms Private Property Rights: Public Fishing Not Permitted on Submerged Private Lands

Fifth Circuit Affirms Private Property Rights: Public Fishing Not Permitted on Submerged Private Lands

Date: Dec 29, 2007
Fifth Circuit Affirms Private Property Rights: Public Fishing Not Permitted on Submerged Private Lands Introduction In Parm v. Shumate, 513 F.3d 135 (5th Cir. 2007), the United States Court of...
Equitable Tolling in §1983 Claims: Insights from Garland Green v. John Doe et al.

Equitable Tolling in §1983 Claims: Insights from Garland Green v. John Doe et al.

Date: Dec 29, 2007
Equitable Tolling in §1983 Claims: Insights from Garland Green v. John Doe et al. Introduction Garland Michael Green v. John Doe; P.A. Huff; Nurse Parker is a pivotal case adjudicated by the United...
Strengthening the Burden of Proof in Copyright Infringement: The Role of Judicial Admissions in Proving Access

Strengthening the Burden of Proof in Copyright Infringement: The Role of Judicial Admissions in Proving Access

Date: Dec 22, 2007
Strengthening the Burden of Proof in Copyright Infringement: The Role of Judicial Admissions in Proving Access Introduction In the landmark case of Jennifer Armour v. Beyoncé Knowles et al., the...
Fifth Circuit Establishes Accessibility of Nominal and Punitive Damages in Prisoners' Fourth Amendment Claims

Fifth Circuit Establishes Accessibility of Nominal and Punitive Damages in Prisoners' Fourth Amendment Claims

Date: Dec 22, 2007
Fifth Circuit Establishes Accessibility of Nominal and Punitive Damages in Prisoners' Fourth Amendment Claims Introduction The case of Ronald L. Hutchins v. Officer Johnny B. McDaniels (512 F.3d 193)...
Statute of Limitations in Defamation: Single Publication Rule Applied to Internet Publications

Statute of Limitations in Defamation: Single Publication Rule Applied to Internet Publications

Date: Dec 22, 2007
Statute of Limitations in Defamation: Single Publication Rule Applied to Internet Publications Introduction In the landmark case Nationwide Bi-Weekly Administration, Inc. v. Belo Corp., The Dallas...
Establishing Pervasiveness in Hostile Work Environment Claims: Analysis of Lauderdale v. Texas Dept. of Criminal Justice

Establishing Pervasiveness in Hostile Work Environment Claims: Analysis of Lauderdale v. Texas Dept. of Criminal Justice

Date: Dec 22, 2007
Establishing Pervasiveness in Hostile Work Environment Claims: Analysis of Lauderdale v. Texas Department of Criminal Justice Introduction In the landmark case of Debra Lauderdale v. Texas Department...
Ambiguity in Insurance Contract Terms: "Actual Charges" Clarified in Guidry v. American Public Life Insurance Co.

Ambiguity in Insurance Contract Terms: "Actual Charges" Clarified in Guidry v. American Public Life Insurance Co.

Date: Dec 22, 2007
Ambiguity in Insurance Contract Terms: "Actual Charges" Clarified in Guidry v. American Public Life Insurance Co. Introduction In the landmark case of Darcy Guidry; Sally Guidry,...
5th Circuit Reaffirms Protection of Statutory Defenses Against Voluntary Dismissal Without Prejudice

5th Circuit Reaffirms Protection of Statutory Defenses Against Voluntary Dismissal Without Prejudice

Date: Dec 21, 2007
5th Circuit Reaffirms Protection of Statutory Defenses Against Voluntary Dismissal Without Prejudice Introduction In the appellate case George W. Hyde v. Hoffmann-La Roche, Inc.; Roche Laboratories,...
Balancing Free Speech and Departmental Integrity: Insights from Nixon v. City of Houston

Balancing Free Speech and Departmental Integrity: Insights from Nixon v. City of Houston

Date: Dec 20, 2007
Balancing Free Speech and Departmental Integrity: Insights from Nixon v. City of Houston Introduction Thomas P. Nixon v. City of Houston; Harold Hurtt is a pivotal case adjudicated by the United...
Affirmation of Peremption Period in Insurance Misrepresentation Claims and Implications for Diversity Jurisdiction

Affirmation of Peremption Period in Insurance Misrepresentation Claims and Implications for Diversity Jurisdiction

Date: Dec 6, 2007
Affirmation of Peremption Period in Insurance Misrepresentation Claims and Implications for Diversity Jurisdiction Introduction In the case of Stephen E. Campbell; Jennie Campbell v. Stone Insurance,...
Procedural Due Process and Qualified Immunity in Employment Termination: Stotter v. UTSA

Procedural Due Process and Qualified Immunity in Employment Termination: Stotter v. UTSA

Date: Nov 28, 2007
Procedural Due Process and Qualified Immunity in Employment Termination: Stotter v. UTSA Introduction In the case of Philip L. Stotter, Ph.D. v. University of Texas at San Antonio (UTSA), the United...
Fifth Circuit Affirms Forum Non Conveniens Dismissal in DTEX v. BBVA Bancomer

Fifth Circuit Affirms Forum Non Conveniens Dismissal in DTEX v. BBVA Bancomer

Date: Nov 27, 2007
Fifth Circuit Affirms Forum Non Conveniens Dismissal in DTEX, LLC v. BBVA Bancomer 1. Introduction The case of DTEX, LLC v. BBVA Bancomer reached the United States Court of Appeals for the Fifth...
Reinforcing Fiduciary Duties in Employment: Navigant Consulting v. Wilkinson & Taulman

Reinforcing Fiduciary Duties in Employment: Navigant Consulting v. Wilkinson & Taulman

Date: Nov 16, 2007
Reinforcing Fiduciary Duties in Employment: Navigant Consulting Inc. v. Wilkinson & Taulman Introduction In the landmark case of Navigant Consulting Inc. v. John Wilkinson; Sharon Taulman,...
Informed Consent and Evidentiary Hearings in Seaman Settlement Agreements: Steverson v. GlobalSantaFe

Informed Consent and Evidentiary Hearings in Seaman Settlement Agreements: Steverson v. GlobalSantaFe

Date: Nov 16, 2007
Informed Consent and Evidentiary Hearings in Seaman Settlement Agreements: Steverson v. GlobalSantaFe Introduction The case of James Brad Steverson v. GlobalSantaFe Corporation (508 F.3d 300)...
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