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  • Commentaries
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5th Circuit Case Commentaries

Material False Statements and Sentencing Enhancements: Analysis of United States v. Trujillo

Material False Statements and Sentencing Enhancements: Analysis of United States v. Trujillo

Date: Sep 29, 2007
Material False Statements and Sentencing Enhancements: Analysis of United States v. Trujillo Introduction In United States v. Mario Trujillo (502 F.3d 353, 5th Cir. 2007), the United States Court of...
Affirmation of Dismissal for Failure to Prosecute Under Rule 41(b) in Title VII Action

Affirmation of Dismissal for Failure to Prosecute Under Rule 41(b) in Title VII Action

Date: Sep 27, 2007
Affirmation of Dismissal for Failure to Prosecute Under Rule 41(b) in Title VII Action Introduction The case of Brian Lewis v. Duane Hardy; Candace Dobbins; Sandra Hardy; Thadrion Johnson; Beverly...
Reaffirmation of Bureau of Prisons' Discretion in RDAP-Based Sentence Reductions

Reaffirmation of Bureau of Prisons' Discretion in RDAP-Based Sentence Reductions

Date: Sep 21, 2007
Reaffirmation of Bureau of Prisons' Discretion in RDAP-Based Sentence Reductions Introduction In the appellate case Richardson v. Joslin, the United States Court of Appeals for the Fifth Circuit...
Reversal of Fraud Verdict in Allstate Insurance v. Receivable Finance Co.

Reversal of Fraud Verdict in Allstate Insurance v. Receivable Finance Co.

Date: Sep 21, 2007
Reversal of Fraud Verdict in Allstate Insurance v. Receivable Finance Co. Introduction The case of Allstate Insurance Co. et al. v. Receivable Finance Company, L.L.C. et al. was adjudicated in the...
Affirmation of Res Judicata and Antitrust Standing in Employment Termination – Norris et al. v. Hearst

Affirmation of Res Judicata and Antitrust Standing in Employment Termination – Norris et al. v. Hearst

Date: Sep 19, 2007
Affirmation of Res Judicata and Antitrust Standing in Employment Termination – Norris et al. v. Hearst Introduction The case of Norris, Rossi, Halpern, Payne, Packwood, and Stovall v. Hearst Trust,...
Trade Secret Misappropriation Claims Time-Barred under Pre-1997 Texas Statute of Limitations: 5th Circuit Sets Precedent

Trade Secret Misappropriation Claims Time-Barred under Pre-1997 Texas Statute of Limitations: 5th Circuit Sets Precedent

Date: Sep 18, 2007
Trade Secret Misappropriation Claims Time-Barred under Pre-1997 Texas Statute of Limitations: 5th Circuit Sets Precedent Introduction The appellate case General Universal Systems, Inc. v. Eli Nassar...
Qualified Immunity in Fourth Amendment Cases: Insights from Zarnow v. City of Wichita Falls

Qualified Immunity in Fourth Amendment Cases: Insights from Zarnow v. City of Wichita Falls

Date: Sep 14, 2007
Qualified Immunity in Fourth Amendment Cases: Insights from Zarnow v. City of Wichita Falls Introduction Zarnow v. City of Wichita Falls is a pivotal case adjudicated by the United States Court of...
Establishing Qualifications in ADEA Age Discrimination Claims: A Comprehensive Review of BERQUIST v. WASHINGTON MUTual Bank

Establishing Qualifications in ADEA Age Discrimination Claims: A Comprehensive Review of BERQUIST v. WASHINGTON MUTual Bank

Date: Sep 1, 2007
Establishing Qualifications in ADEA Age Discrimination Claims: A Comprehensive Review of BERQUIST v. WASHINGTON MUTual Bank Introduction The case of Philip BERQUIST v. WASHINGTON MUTual Bank...
Enforcement of Anti-Concurrent Causation Clauses in Mississippi Homeowner's Insurance Policies Affirmed

Enforcement of Anti-Concurrent Causation Clauses in Mississippi Homeowner's Insurance Policies Affirmed

Date: Aug 31, 2007
Enforcement of Anti-Concurrent Causation Clauses in Mississippi Homeowner's Insurance Policies Affirmed Introduction In the case of Paul Leonard; Julie Leonard v. Nationwide Mutual Insurance Co.,...
Substantial Evidence and Consideration of Subjective Claims in Disability Benefit Terminations: Corry v. Liberty Life Assurance Co.

Substantial Evidence and Consideration of Subjective Claims in Disability Benefit Terminations: Corry v. Liberty Life Assurance Co.

Date: Aug 29, 2007
Substantial Evidence and Consideration of Subjective Claims in Disability Benefit Terminations: Corry v. Liberty Life Assurance Co. Introduction Corry v. Liberty Life Assurance Company of Boston (499...
Failure to Establish Mens Rea in Aiding and Abetting Obscene Mailing: McDowell v. United States

Failure to Establish Mens Rea in Aiding and Abetting Obscene Mailing: McDowell v. United States

Date: Aug 25, 2007
Failure to Establish Mens Rea in Aiding and Abetting Obscene Mailing: McDowell v. United States Introduction United States of America v. Brent Alan McDowell, 498 F.3d 308 (5th Cir. 2007), is a...
Affirmation of Heightened Scienter Pleading Standards under the Private Securities Litigation Reform Act

Affirmation of Heightened Scienter Pleading Standards under the Private Securities Litigation Reform Act

Date: Aug 22, 2007
Affirmation of Heightened Scienter Pleading Standards under the Private Securities Litigation Reform Act Introduction The case of Central Laborers' Pension Fund (CLPF) v. Integrated Electrical...
Affirmation of Plan Administrator's Discretion Under ERISA for LTD Benefits Termination – Pylant v. Hartford Life

Affirmation of Plan Administrator's Discretion Under ERISA for LTD Benefits Termination – Pylant v. Hartford Life

Date: Aug 21, 2007
Affirmation of Plan Administrator's Discretion Under ERISA for LTD Benefits Termination – Pylant v. Hartford Life Introduction The case of Andrea D. Pylant v. Hartford Life and Accident Insurance...
Invalidation of Secretarial Procedures in Class III Indian Gaming: State of Texas v. United States

Invalidation of Secretarial Procedures in Class III Indian Gaming: State of Texas v. United States

Date: Aug 18, 2007
Invalidation of Secretarial Procedures in Class III Indian Gaming: State of Texas v. United States Introduction In the landmark case State of Texas v. United States of America, reviewed by the United...
Reaffirming the Strickland Test: Effective Assistance of Counsel in Bower v. Quarterman

Reaffirming the Strickland Test: Effective Assistance of Counsel in Bower v. Quarterman

Date: Aug 17, 2007
Reaffirming the Strickland Test: Effective Assistance of Counsel in Bower v. Quarterman Introduction Bower v. Quarterman, 497 F.3d 459 (5th Cir. 2007), is a notable appellate decision addressing the...
Affirming Racial Discrimination Claims: An Analysis of DeCorte v. Jordan

Affirming Racial Discrimination Claims: An Analysis of DeCorte v. Jordan

Date: Aug 16, 2007
Affirming Racial Discrimination Claims: An Analysis of DeCorte v. Jordan Introduction In DeCorte v. Jordan, the United States Court of Appeals for the Fifth Circuit addressed significant issues...
Coble v. Quarterman: Fifth Circuit Reinforces 'Meaningful Consideration' of Mitigating Evidence in Capital Sentencing

Coble v. Quarterman: Fifth Circuit Reinforces 'Meaningful Consideration' of Mitigating Evidence in Capital Sentencing

Date: Aug 15, 2007
Coble v. Quarterman: Fifth Circuit Reinforces 'Meaningful Consideration' of Mitigating Evidence in Capital Sentencing Introduction The case of Billie Wayne Coble v. Nathaniel Quarterman addresses...
Proper Joinder of Individual Insurance Adjusters in Diversity Jurisdiction Cases

Proper Joinder of Individual Insurance Adjusters in Diversity Jurisdiction Cases

Date: Aug 15, 2007
Proper Joinder of Individual Insurance Adjusters in Diversity Jurisdiction Cases Introduction The case of Jennifer Gasch and Tammy Gasch, as next friend to Z.G., a minor, Plaintiffs-Appellants,...
Ineffective Assistance of Counsel: Failure to Investigate and Call Key Witnesses – Harrison v. Quarterman

Ineffective Assistance of Counsel: Failure to Investigate and Call Key Witnesses – Harrison v. Quarterman

Date: Aug 15, 2007
Ineffective Assistance of Counsel: Failure to Investigate and Call Key Witnesses – Harrison v. Quarterman 1. Introduction Harrison v. Quarterman is a pivotal case adjudicated by the United States...
EEOC v. WCM Enterprises: Revisiting Hostile Work Environment Standards under Title VII

EEOC v. WCM Enterprises: Revisiting Hostile Work Environment Standards under Title VII

Date: Aug 11, 2007
EEOC v. WCM Enterprises: Revisiting Hostile Work Environment Standards under Title VII Introduction The case of Equal Employment Opportunity Commission (EEOC) v. WCM Enterprises, Inc., d/b/a...
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