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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

Automatic Tolling of Speedy Trial Clock Under §3161(h)(1)(F) Confirmed in United States v. Green

Automatic Tolling of Speedy Trial Clock Under §3161(h)(1)(F) Confirmed in United States v. Green

Date: Nov 10, 2007
Automatic Tolling of Speedy Trial Clock Under §3161(h)(1)(F) Confirmed in United States v. Green Introduction In the case of United States of America v. Horris Bernard Green, adjudicated by the...
RLUIPA and Inmate Religious Rights: Longoria v. Dretke

RLUIPA and Inmate Religious Rights: Longoria v. Dretke

Date: Nov 10, 2007
RLUIPA and Inmate Religious Rights: Longoria v. Dretke Introduction Juan Longoria v. Doug Dretke, 507 F.3d 898 (5th Cir. 2007), is a pivotal case addressing the intersection of religious rights and...
Necessity of a Certificate of Appealability for Rule 60(b) Motion Denials in Habeas Corpus Cases: Analysis of Ja v. er Ochoa Canales

Necessity of a Certificate of Appealability for Rule 60(b) Motion Denials in Habeas Corpus Cases: Analysis of Ja v. er Ochoa Canales

Date: Nov 9, 2007
Necessity of a Certificate of Appealability for Rule 60(b) Motion Denials in Habeas Corpus Cases: Analysis of Ja v. er Ochoa Canales Introduction The case of Ja v. er Ochoa Canales, heard by the...
Strict Limitations on Prison Mailbox Rule and Equitable Tolling in Habeas Corpus Petitions: Howland v. Quarterman

Strict Limitations on Prison Mailbox Rule and Equitable Tolling in Habeas Corpus Petitions: Howland v. Quarterman

Date: Nov 8, 2007
Strict Limitations on Prison Mailbox Rule and Equitable Tolling in Habeas Corpus Petitions: Howland v. Quarterman Introduction In the landmark case Gene Edward Howland v. Nathaniel Quarterman,...
Affirmation of Qualified Immunity in Excessive Force Case: Hathaway v. Bazany

Affirmation of Qualified Immunity in Excessive Force Case: Hathaway v. Bazany

Date: Nov 2, 2007
Affirmation of Qualified Immunity in Excessive Force Case: Hathaway v. Bazany Introduction Hathaway v. Bazany is a significant case adjudicated by the United States Court of Appeals for the Fifth...
Timeliness and Scope of Employment Discrimination Claims: Ursula Hall v. Continental Airlines Inc.

Timeliness and Scope of Employment Discrimination Claims: Ursula Hall v. Continental Airlines Inc.

Date: Oct 27, 2007
Timeliness and Scope of Employment Discrimination Claims: Ursula Hall v. Continental Airlines Inc. Introduction Ursula Hall v. Continental Airlines Inc., 252 F. App'x 650 (5th Cir. 2007), is a...
New Precedent on Age Discrimination and Equitable Remedies: PALASOTA v. HAGGAR CLOTHING CO.

New Precedent on Age Discrimination and Equitable Remedies: PALASOTA v. HAGGAR CLOTHING CO.

Date: Oct 26, 2007
Establishing Boundaries on Equitable Remedies in Age Discrimination Cases: The Fifth Circuit’s Decision in PALASOTA v. HAGGAR CLOTHING CO. Introduction The case of Jimmy PALASOTA v. HAGGAR CLOTHING...
Citizenship Claims and Jurisdiction under 8 U.S.C. § 1503: An Analysis of Rios-Valenzuela v. Dept. of Homeland Security

Citizenship Claims and Jurisdiction under 8 U.S.C. § 1503: An Analysis of Rios-Valenzuela v. Dept. of Homeland Security

Date: Oct 26, 2007
Citizenship Claims and Jurisdiction under 8 U.S.C. § 1503: An Analysis of Rios-Valenzuela v. Dept. of Homeland Security Introduction Arturo Rios-Valenzuela v. Department of Homeland Security, 506...
Fifth Circuit Establishes FCPA Applicability to Bribes for Reducing Duties and Taxes

Fifth Circuit Establishes FCPA Applicability to Bribes for Reducing Duties and Taxes

Date: Oct 25, 2007
Fifth Circuit Establishes FCPA Applicability to Bribes for Reducing Duties and Taxes Introduction In UNITED STATES of America v. Da (513 F.3d 432), the United States Court of Appeals for the Fifth...
Affirmation of Guilty Plea and Sentencing Standards in Puckett v. United States

Affirmation of Guilty Plea and Sentencing Standards in Puckett v. United States

Date: Oct 24, 2007
Affirmation of Guilty Plea and Sentencing Standards in Puckett v. United States Introduction United States of America v. James Benjamin Puckett is a pivotal case adjudicated by the United States...
Affirmation of Above-Guideline Sentencing in United States v. Peltier: Implications for Sentencing Discretion

Affirmation of Above-Guideline Sentencing in United States v. Peltier: Implications for Sentencing Discretion

Date: Oct 24, 2007
Affirmation of Above-Guideline Sentencing in United States v. Peltier: Implications for Sentencing Discretion Introduction The case of United States of America v. Larry Paul Peltier, 505 F.3d 389...
Affirmation of Mental Retardation and Equitable Tolling in Habeas Corpus Petition: Rivera v. Quarterman

Affirmation of Mental Retardation and Equitable Tolling in Habeas Corpus Petition: Rivera v. Quarterman

Date: Oct 19, 2007
Affirmation of Mental Retardation and Equitable Tolling in Habeas Corpus Petition: Rivera v. Quarterman Introduction Jose Alfredo Rivera v. Nathaniel Quarterman is a pivotal case decided by the...
Parker v. United States: Upholding Speedy Trial Protections Amid Excludable Delays

Parker v. United States: Upholding Speedy Trial Protections Amid Excludable Delays

Date: Oct 17, 2007
Parker v. United States: Upholding Speedy Trial Protections Amid Excludable Delays Introduction In the case of UNITED STATES of America v. Charles Lee Parker, 505 F.3d 323 (5th Cir. 2007), the United...
RUIZ v. QUARTERMAN: Establishing the Importance of Meritorious Claims in Habeas Relief

RUIZ v. QUARTERMAN: Establishing the Importance of Meritorious Claims in Habeas Relief

Date: Oct 12, 2007
RUIZ v. QUARTERMAN: Establishing the Importance of Meritorious Claims in Habeas Relief Introduction The case of RUIZ v. QUARTERMAN ([504 F.3d...
Fifth Circuit Reverses Summary Judgment in Rehabilitation Act Disability Discrimination Case Against US Army Corps of Engineers

Fifth Circuit Reverses Summary Judgment in Rehabilitation Act Disability Discrimination Case Against US Army Corps of Engineers

Date: Oct 11, 2007
Fifth Circuit Reverses Summary Judgment in Rehabilitation Act Disability Discrimination Case Against US Army Corps of Engineers Introduction In the case of Richard P. Washburn v. Francis J. Harvey,...
Establishing Grounds for Certificate of Appealability under AEDPA: Insights from Reed v. Quarterman

Establishing Grounds for Certificate of Appealability under AEDPA: Insights from Reed v. Quarterman

Date: Oct 10, 2007
Establishing Grounds for Certificate of Appealability under AEDPA: Insights from Reed v. Quarterman Introduction Reed v. Quarterman is a significant appellate decision by the United States Court of...
Ensuring Compliance with ERISA's Disclosure Requirements: Fifth Circuit Reverses Summary Judgment in CUSTER v. MURPHY OIL

Ensuring Compliance with ERISA's Disclosure Requirements: Fifth Circuit Reverses Summary Judgment in CUSTER v. MURPHY OIL

Date: Oct 6, 2007
Ensuring Compliance with ERISA's Disclosure Requirements: Fifth Circuit Reverses Summary Judgment in CUSTER v. MURPHY OIL Introduction The case of F. Michael Custer and Marsha F. CUSTER v. MURPHY OIL...
Clarifying Merger Clauses and Personal Jurisdiction: Insights from General Retail Services, Inc. v. Wireless Toyz Franchise

Clarifying Merger Clauses and Personal Jurisdiction: Insights from General Retail Services, Inc. v. Wireless Toyz Franchise

Date: Oct 6, 2007
Clarifying Merger Clauses and Personal Jurisdiction: Insights from General Retail Services, Inc. v. Wireless Toyz Franchise Introduction The case of General Retail Services, Inc. v. Wireless Toyz...
Strict Standards for Certificate of Appealability in Habeas Corpus Under AEDPA: Wood v. Quarterman

Strict Standards for Certificate of Appealability in Habeas Corpus Under AEDPA: Wood v. Quarterman

Date: Oct 6, 2007
Strict Standards for Certificate of Appealability in Habeas Corpus Under AEDPA: Wood v. Quarterman Introduction The case of Wood v. Quarterman, decided by the United States Court of Appeals for the...
Limits of Section 1983 in Enforcing State Child Support Enforcement Actions: The Cuvillier v. Taylor Decision

Limits of Section 1983 in Enforcing State Child Support Enforcement Actions: The Cuvillier v. Taylor Decision

Date: Oct 6, 2007
Limits of Section 1983 in Enforcing State Child Support Enforcement Actions: The Cuvillier v. Taylor Decision Introduction The case of Laurene C. Cuvillier v. Donald R. Taylor and Others, decided by...
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