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  • Commentaries
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5th Circuit Case Commentaries

Quasi Estoppel in Foreclosure: Analyzing Lozano v. Ocwen Federal Bank

Quasi Estoppel in Foreclosure: Analyzing Lozano v. Ocwen Federal Bank

Date: Jun 15, 2007
Quasi Estoppel in Foreclosure: Analyzing Lozano v. Ocwen Federal Bank Introduction In John R. Lozano and Susie Lozano v. Ocwen Federal Bank, FSB, 489 F.3d 636 (5th Cir. 2007), the United States Court...
Frye v. United States: Upholding Carjacking Conviction and Speedy Trial Protections

Frye v. United States: Upholding Carjacking Conviction and Speedy Trial Protections

Date: Jun 7, 2007
Frye v. United States: Upholding Carjacking Conviction and Speedy Trial Protections Introduction In United States v. James E. Frye, 489 F.3d 201 (5th Cir. 2007), the United States Court of Appeals...
Deferred Adjudication as Conviction under HECK v. HUMPHREY: Fifth Circuit Affirmation in DeLeon v. City of Corpus Christi

Deferred Adjudication as Conviction under HECK v. HUMPHREY: Fifth Circuit Affirmation in DeLeon v. City of Corpus Christi

Date: Jun 1, 2007
Deferred Adjudication as Conviction under HECK v. HUMPHREY: Fifth Circuit Affirmation in DeLeon v. City of Corpus Christi Introduction The appellate case Christopher DeLeon v. City of Corpus Christi...
Affirmation of Standing, Upholding Content-Neutral Ordinance §78-39, and Awarding of Attorney's Fees: Houston Chronicle Publishing Co. v. City of League City

Affirmation of Standing, Upholding Content-Neutral Ordinance §78-39, and Awarding of Attorney's Fees: Houston Chronicle Publishing Co. v. City of League City

Date: May 31, 2007
Affirmation of Standing, Upholding Content-Neutral Ordinance §78-39, and Awarding of Attorney's Fees: Houston Chronicle Publishing Co. v. City of League City Introduction The case of The Houston...
Qualified Immunity and Deliberate Indifference in School District Liability: Insights from Haley King v. Conroe Independent School District

Qualified Immunity and Deliberate Indifference in School District Liability: Insights from Haley King v. Conroe Independent School District

Date: May 30, 2007
Qualified Immunity and Deliberate Indifference in School District Liability: Insights from Haley King v. Conroe Independent School District Introduction Haley King v. Conroe Independent School...
ADA Disability Standards and Reasonable Accommodations: Insights from Jenkins v. Cleco Power

ADA Disability Standards and Reasonable Accommodations: Insights from Jenkins v. Cleco Power

Date: May 19, 2007
ADA Disability Standards and Reasonable Accommodations: Insights from Jenkins v. Cleco Power Introduction Jenkins v. Cleco Power, LLC, 487 F.3d 309 (5th Cir. 2007), is a pivotal case addressing...
Rigid Standards for Conditional Pleas and Affirmation of Consent Validity Without Miranda: Insights from United States v. Stevens

Rigid Standards for Conditional Pleas and Affirmation of Consent Validity Without Miranda: Insights from United States v. Stevens

Date: May 17, 2007
Rigid Standards for Conditional Pleas and Affirmation of Consent Validity Without Miranda: Insights from United States v. Stevens Introduction In the landmark case of United States of America v. Raul...
Affirmation of Conspiracy and Firearm Possession Convictions in Crack-Cocaine Trafficking Case

Affirmation of Conspiracy and Firearm Possession Convictions in Crack-Cocaine Trafficking Case

Date: May 16, 2007
Affirmation of Conspiracy and Firearm Possession Convictions in Crack-Cocaine Trafficking Case Introduction The case of UNITED STATES of America v. Keyon LaKeith Mitchell and Duford Lee Mitchell (484...
Enforcing Forum Selection Clauses in International Contracts: Analysis of Braspetro Oil Services Co. v. MODEC (USA), Inc.

Enforcing Forum Selection Clauses in International Contracts: Analysis of Braspetro Oil Services Co. v. MODEC (USA), Inc.

Date: May 12, 2007
Enforcing Forum Selection Clauses in International Contracts: Analysis of Braspetro Oil Services Co. v. MODEC (USA), Inc. Introduction The case of Braspetro Oil Services Company — Brasoil; Petroleo...
Affirmation of Prisoners' Rights: Baranowski v. TDCJ Establishes Critical Precedent on Religious Accommodation in Prisons

Affirmation of Prisoners' Rights: Baranowski v. TDCJ Establishes Critical Precedent on Religious Accommodation in Prisons

Date: May 5, 2007
Affirmation of Prisoners' Rights: Baranowski v. TDCJ Establishes Critical Precedent on Religious Accommodation in Prisons Introduction In Thomas H. Baranowski v. Chaplain Larry HART et al., 486 F.3d...
Fifth Circuit Establishes Precedent on CAFA's Local Controversy Exception in Hurricane Katrina-Related Hospital Class Action

Fifth Circuit Establishes Precedent on CAFA's Local Controversy Exception in Hurricane Katrina-Related Hospital Class Action

Date: Apr 26, 2007
Fifth Circuit Establishes Precedent on CAFA's Local Controversy Exception in Hurricane Katrina-Related Hospital Class Action Introduction The landmark case of Preston et al. v. Tenet HealthSystems...
Affirmation of 'But For' Standard in Title VII Retaliation Claims: Strong v. University Healthcare System

Affirmation of 'But For' Standard in Title VII Retaliation Claims: Strong v. University Healthcare System

Date: Apr 25, 2007
Affirmation of 'But For' Standard in Title VII Retaliation Claims: Strong v. University Healthcare System Introduction In Strong v. University Healthcare System, L.L.C., the United States Court of...
Triple Tee Golf v. Nike: Reversing Summary Judgment on Trade Secret Misappropriation

Triple Tee Golf v. Nike: Reversing Summary Judgment on Trade Secret Misappropriation

Date: Apr 18, 2007
Triple Tee Golf v. Nike: Reversing Summary Judgment on Trade Secret Misappropriation Introduction In the landmark case Triple Tee Golf, Inc. v. Nike, Inc., adjudicated by the United States Court of...
Chevron Corporation v. Ferrer et al.: Affirming the Necessity of Causal Connection in ERISA Fiduciary Breach Claims

Chevron Corporation v. Ferrer et al.: Affirming the Necessity of Causal Connection in ERISA Fiduciary Breach Claims

Date: Apr 13, 2007
Chevron Corporation v. Ferrer et al.: Affirming the Necessity of Causal Connection in ERISA Fiduciary Breach Claims Introduction In Ferrer v. Chevron Corporation, the United States Court of Appeals...
Probable Cause Standards and Warrant Execution in Multi-Resident Homes: United States v. Pérez

Probable Cause Standards and Warrant Execution in Multi-Resident Homes: United States v. Pérez

Date: Apr 12, 2007
Probable Cause Standards and Warrant Execution in Multi-Resident Homes: United States v. Pérez Introduction The case of United States of America v. Javier Pérez presents critical insights into the...
Challenges in Class Certification for Nationwide Warranty Claims: Be v. rly COLE, et al.

Challenges in Class Certification for Nationwide Warranty Claims: Be v. rly COLE, et al.

Date: Apr 11, 2007
Challenges in Class Certification for Nationwide Warranty Claims: Be v. rly COLE, et al. Introduction In Be v. rly COLE; Anita S. Perkins; Jewell P. Lowe, 484 F.3d 717 (5th Cir. 2007), the United...
Res Judicata Applies to Transferee Liability for Gift Tax: Davenport v. United States

Res Judicata Applies to Transferee Liability for Gift Tax: Davenport v. United States

Date: Apr 10, 2007
Res Judicata Applies to Transferee Liability for Gift Tax: Davenport v. United States Introduction The case of United States of America v. Gordon E. Davenport explores significant issues surrounding...
Freeman v. Gore: Strengthening Fourth Amendment Protections through Rejection of Qualified Immunity for Unlawful Arrests

Freeman v. Gore: Strengthening Fourth Amendment Protections through Rejection of Qualified Immunity for Unlawful Arrests

Date: Apr 3, 2007
Freeman v. Gore: Strengthening Fourth Amendment Protections through Rejection of Qualified Immunity for Unlawful Arrests Introduction Freeman v. Gore, 483 F.3d 404 (5th Cir. 2007), is a pivotal case...
Qualified Immunity and Collective Action in Excessive Force Claims: Analysis of Meadours v. Ermel

Qualified Immunity and Collective Action in Excessive Force Claims: Analysis of Meadours v. Ermel

Date: Apr 3, 2007
Qualified Immunity and Collective Action in Excessive Force Claims: Analysis of Meadours v. Ermel Introduction The case of Stennie Meadours, Individually and as Personal Representative of the Estate...
Affirmation of Limited Confrontation Clause Application in Federal Death Penalty Sentencing — U.S. v. Sherman Lamont Fields

Affirmation of Limited Confrontation Clause Application in Federal Death Penalty Sentencing — U.S. v. Sherman Lamont Fields

Date: Mar 30, 2007
Affirmation of Limited Confrontation Clause Application in Federal Death Penalty Sentencing — U.S. v. Sherman Lamont Fields Introduction In the landmark appellate case United States of America v....
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