5th Circuit Case Commentaries

Strict Application of AEDPA's Statute of Limitations and Limited Equitable Tolling in Federal Habeas Proceedings: Johnson v. Quarterman

Date: Mar 29, 2007

Strict Application of AEDPA's Statute of Limitations and Limited Equitable Tolling in Federal Habeas Proceedings: Johnson v. Quarterman Introduction Johnson v. Quarterman is a pivotal case...

Enforcement of Texas Mineral Lien §9.343 Against Downstream Purchasers in Bankruptcy: Edge Petroleum v. Duke Energy

Date: Mar 29, 2007

Enforcement of Texas Mineral Lien §9.343 Against Downstream Purchasers in Bankruptcy: Edge Petroleum v. Duke Energy Introduction Edge Petroleum Operating Company, Inc. ("Edge") appealed a summary...

Application of AEDPA and Strickland Standards in Denying Certificate of Appealability: Scheanette v. Quarterman

Date: Mar 27, 2007

Application of AEDPA and Strickland Standards in Denying Certificate of Appealability: Scheanette v. Quarterman Introduction Case: Dale Devon Scheanette, Petitioner-Appellant Court: United States...

Eliminating the De Minimis Exception: Due Process Required for Any Forfeiture of Good-Time Credits in Texas Inmate Discipline

Date: Mar 22, 2007

Eliminating the De Minimis Exception: Due Process Required for Any Forfeiture of Good-Time Credits in Texas Inmate Discipline Introduction The case of Hubert Earl Teague v. Nathaniel Quarterman...

Establishing Pretext in Employment Discrimination: Insights from Burrell v. Dr. Pepper/Seven Up Bottling Group

Date: Mar 21, 2007

Establishing Pretext in Employment Discrimination: Insights from Burrell v. Dr. Pepper/Seven Up Bottling Group Introduction Burrell v. Dr. Pepper/Seven Up Bottling Group is a landmark case...

Clarifying Fraud-on-the-Market Presumption and Secondary Liability under Rule 10b-5: Fifth Circuit Reverses Enron Class Certification

Date: Mar 20, 2007

Clarifying Fraud-on-the-Market Presumption and Secondary Liability under Rule 10b-5: Fifth Circuit Reverses Enron Class Certification Introduction The case of REGENTS OF the UNIVERSITY OF CALIFORNIA...

Affirmation of Summary Judgment in Toxic Tort Case Under Daubert Standard

Date: Mar 20, 2007

Affirmation of Summary Judgment in Toxic Tort Case Under Daubert Standard Introduction The case of Heath Knight; Thomas Ingerman v. Kirby Inland Marine Inc. involves appellants Heath Knight and...

Reaffirming Evidentiary Standards and Jurisdictional Boundaries in RICO Litigation: TruGreen Landcare v. Kaylyn Scott

Date: Mar 17, 2007

Reaffirming Evidentiary Standards and Jurisdictional Boundaries in RICO Litigation: TruGreen Landcare, L.L.C. v. Kaylyn Scott Introduction In the case of TruGreen Landcare, L.L.C. v. Kaylyn Scott,...

5th Circuit Affirms Louisiana Law on Secured Creditors' Priority in Bankruptcy Auctions of Non-Titled Movables

Date: Mar 16, 2007

5th Circuit Affirms Louisiana Law on Secured Creditors' Priority in Bankruptcy Auctions of Non-Titled Movables Introduction The case of Peoples State Bank v. General Electric Capital Corp. (482 F.3d...

Clarifying Personal Jurisdiction Standards for Foreign Defendants: MONCRIEF OIL INTERNATIONAL INC. v. GAZPROM

Date: Mar 13, 2007

Clarifying Personal Jurisdiction Standards for Foreign Defendants: MONCRIEF OIL INTERNATIONAL INC. v. GAZPROM Introduction The case of Moncrief Oil International Inc. v. Gazprom addresses critical...

Turner v. Quarterman: Cumulative Trial Errors Do Not Suffice for Certificate of Appealability

Date: Mar 13, 2007

Turner v. Quarterman: Cumulative Trial Errors Do Not Suffice for Certificate of Appealability Introduction Turner v. Quarterman, 481 F.3d 292 (5th Cir. 2007), is a significant case that addresses the...

Rico v. Flores: Clarifying Improper Joinder under the Unlawful Acts Rule in Diversity Jurisdiction Cases

Date: Mar 8, 2007

Rico v. Flores: Clarifying Improper Joinder under the Unlawful Acts Rule in Diversity Jurisdiction Cases Introduction The case of Rico v. Flores addresses significant issues pertaining to the...

Use of Post-Arrest Silence in Prosecution: Salinas v. United States

Date: Mar 6, 2007

Use of Post-Arrest Silence in Prosecution: Salinas v. United States Introduction Salinas v. United States is a pivotal case adjudicated by the United States Court of Appeals for the Fifth Circuit on...

Fifth Circuit Rules Pre-Sentencing Notice Not Required for Non-Guidelines Sentences Post-Booker

Date: Mar 1, 2007

Fifth Circuit Rules Pre-Sentencing Notice Not Required for Non-Guidelines Sentences Post-Booker Introduction In the landmark decision of United States v. Mejia-Huerta et al., the United States Court...

Reversing Summary Judgment: Betzel v. State Farm Lloyds and the Imperative of Flexible Judicial Sanctions

Date: Mar 1, 2007

Reversing Summary Judgment: Betzel v. State Farm Lloyds and the Imperative of Flexible Judicial Sanctions Introduction The case of Kurt Betzel v. State Farm Lloyds, decided by the United States Court...

LeMaire v. Louisiana Department of Transportation: Fifth Circuit Clarifies Summary Judgment Standards for Sexual Harassment under Title VII

Date: Feb 28, 2007

LeMaire v. Louisiana Department of Transportation: Fifth Circuit Clarifies Summary Judgment Standards for Sexual Harassment under Title VII Introduction In the landmark case Rene LeMaire v. Louisiana...

Qualified Immunity and Law Enforcement Accountability in Warrant Procurement: Analyzing Cal v. Hampton

Date: Feb 27, 2007

Qualified Immunity and Law Enforcement Accountability in Warrant Procurement: Analyzing Cal v. Hampton Introduction Calvin Hampton, the director of Quad County Alternative School in Starkville,...

Fifth Circuit Reaffirms Liberal Pleading Standard for RICO Continuity

Date: Feb 27, 2007

Fifth Circuit Reaffirms Liberal Pleading Standard for RICO Continuity Introduction In the landmark case of Roy Abraham et al. v. B.J. Singh, heard by the United States Court of Appeals for the Fifth...

Affirmation of Drug Conspiracy Sentences: Upholding Advisory Sentencing Guidelines and Rejection of Withdrawal Pleas in United States v. Washington and Daniels

Date: Feb 20, 2007

Affirmation of Drug Conspiracy Sentences: Upholding Advisory Sentencing Guidelines and Rejection of Withdrawal Pleas in United States v. Washington and Daniels Introduction In United States v....

Defining Employer Status under Title VII: Insights from Muhammad v. Dallas County Community Supervision and Corrections Department

Date: Feb 15, 2007

Defining Employer Status under Title VII: Insights from Muhammad v. Dallas County Community Supervision and Corrections Department Introduction The case of Ibn Zakariya Muhammad v. Dallas County...

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