5th Circuit Case Commentaries

Affirmation of Child Pornography Convictions: Good Faith Exception and Multiplicity Standards Under Scrutiny

Date: Feb 23, 2013

Affirmation of Child Pornography Convictions: Good Faith Exception and Multiplicity Standards Under Scrutiny Introduction In United States of America v. Mark William Woerner, 709 F.3d 527 (5th Cir....

Kariuki v. Tarango: Affirmation of Naturalization Denial Based on Good Moral Character and Collateral Estoppel

Date: Feb 22, 2013

Kariuki v. Tarango: Affirmation of Naturalization Denial Based on Good Moral Character and Collateral Estoppel Introduction Kariuki v. Tarango (709 F.3d 495, 5th Cir. 2013) is a pivotal case...

Contextual Application of RLUIPA in Prison Dietary Accommodations: Moussazadeh v. Texas Department of Criminal Justice

Date: Feb 21, 2013

Contextual Application of RLUIPA in Prison Dietary Accommodations: Moussazadeh v. Texas Department of Criminal Justice Introduction The case of Max MOUSSAZADEH, Plaintiff–Appellant, v. TEXAS...

Expansion of 'Claim' Definition under the Priority Statute: Insights from United States v. Oscar Renda

Date: Feb 21, 2013

Expansion of 'Claim' Definition under the Priority Statute: Insights from United States v. Oscar Renda Introduction In United States of America v. Oscar Renda, decided by the United States Court of...

Expansion of Equitable Relief Under ERISA §502(a)(3): Gearlds v. Entergy Services

Date: Feb 20, 2013

Expansion of Equitable Relief Under ERISA §502(a)(3): Gearlds v. Entergy Services Introduction The case of Aaron Gearlds, Jr. v. Entergy Services, Incorporated; Entergy Mississippi, Incorporated (709...

Affirmation of Conspiracy and Bribery Convictions: Insights on Legal Reasoning and Sentencing Guidelines

Date: Feb 19, 2013

Affirmation of Conspiracy and Bribery Convictions: Insights on Legal Reasoning and Sentencing Guidelines Introduction The case of UNITED STATES of America v. John Fluellen Heard, Jr.; Gary Lee...

Rogers v. Boatright: Establishing Deliberate Indifference in Prison Vehicle Recklessness

Date: Feb 19, 2013

Rogers v. Boatright: Establishing Deliberate Indifference in Prison Vehicle Recklessness Introduction Rogers v. Boatright is a significant appellate decision by the United States Court of Appeals for...

Enforcing Consistent Legal Positions through Judicial Estoppel in § 1782 Discovery — Chevron v. Republic of Ecuador

Date: Feb 14, 2013

Enforcing Consistent Legal Positions through Judicial Estoppel in § 1782 Discovery — Chevron v. Republic of Ecuador Introduction The case of Republic of Ecuador; Diego Garcia Carrion,...

Application of the Four-Year Statute of Limitations to Texas Constitutional Defects in Homestead Liens: Priester v. JP Morgan Chase Bank

Date: Feb 14, 2013

Application of the Four-Year Statute of Limitations to Texas Constitutional Defects in Homestead Liens: Priester v. JP Morgan Chase Bank Introduction In the landmark case John Priester, Jr.; Bettie...

Laches Defense and Injunctive Relief in Trademark Infringement: Analysis of Abraham v. Alpha Chi Omega

Date: Feb 8, 2013

Laches Defense and Injunctive Relief in Trademark Infringement: Analysis of Abraham v. Alpha Chi Omega Introduction The case of Thomas Kenneth Abraham, trading as Paddle Tramps Manufacturing Company,...

Establishing Reliability in Expert Testimony: Brown v. Illinois Central Railroad Company

Date: Jan 29, 2013

Establishing Reliability in Expert Testimony: Brown v. Illinois Central Railroad Company Introduction Brown v. Illinois Central Railroad Company, 705 F.3d 531 (5th Cir. 2013), is a pivotal case...

Affirmation of SELL v. UNITED STATES Framework in Involuntary Medication for Competency Restoration: United States v. Gutierrez

Date: Jan 12, 2013

Affirmation of SELL v. UNITED STATES Framework in Involuntary Medication for Competency Restoration: United States v. Gutierrez Introduction United States of America v. Jesse Joe Gutierrez is a...

Implications of Center for Biological Diversity v. BP: Standing and Mootness under EPCRA Post-Deepwater Horizon

Date: Jan 10, 2013

Implications of Center for Biological Diversity v. BP: Standing and Mootness under EPCRA Post-Deepwater Horizon Introduction The Center for Biological Diversity, Inc. v. BP America Production Co....

Enforcement of Liquidated Damages Clauses in Maritime Contracts: Insights from International Marine v. Delta Towing

Date: Jan 9, 2013

Enforcement of Liquidated Damages Clauses in Maritime Contracts: Insights from International Marine v. Delta Towing Introduction The case of International Marine, L.L.C.; International Offshore...

Affirmation of Summary Judgment in Autry v. Fort Bend ISD: Reinforcing Non-Frivolous Title VII Litigation

Date: Jan 8, 2013

Affirmation of Summary Judgment in Autry v. Fort Bend ISD: Reinforcing Non-Frivolous Title VII Litigation Introduction The case of Mr. Albert J. Autry, Individually v. Fort Bend Independent School...

Abuse of Discretion in ERISA Plan Administrations: Insights from LifeCare Management Services LLC v. Insurance Management Administrators Inc.

Date: Jan 5, 2013

Abuse of Discretion in ERISA Plan Administrations: Insights from LifeCare Management Services LLC v. Insurance Management Administrators Inc. Introduction The case of LifeCare Management Services LLC...

Affirmation of Conspiracy Conviction and Sentencing Enhancement in United States v. Gabriel Andres

Date: Jan 4, 2013

Affirmation of Conspiracy Conviction and Sentencing Enhancement in United States v. Gabriel Andres Introduction In the case of United States of America v. Gabriel Andres, the United States Court of...

Newman v. Guedry & Burke: Affirming Qualified and Official Immunity Amidst Genuine Fact Disputes

Date: Dec 22, 2012

Newman v. Guedry & Burke: Affirming Qualified and Official Immunity Amidst Genuine Fact Disputes Introduction The case of Derrick Newman v. James Cody Guedry; David Todd Burke (703 F.3d 757)...

Restitution Calculation Standards under the Mandatory Victim Restitution Act: United States v. Sharma

Date: Dec 21, 2012

Restitution Calculation Standards under the Mandatory Victim Restitution Act: United States v. Sharma Introduction In the landmark case of United States of America v. Arun Sharma, Kiran Sharma, 703...

Regulatory Taking Standards Applied to Taxicab CPNCs: Insights from Dennis Melancon, Inc. v. City of New Orleans

Date: Dec 19, 2012

Regulatory Taking Standards Applied to Taxicab CPNCs: Insights from Dennis Melancon, Inc. v. City of New Orleans Introduction Dennis Melancon, Incorporated, et al. v. City of New Orleans, 703 F.3d...