5th Circuit Case Commentaries

Unbridled Discretion in Zoning Ordinances: LINDQUIST v. CITY OF PASADENA

Date: Jan 26, 2012

Unbridled Discretion in Zoning Ordinances: LINDQUIST v. CITY OF PASADENA Introduction James and Sandra Lindquist filed a lawsuit against the City of Pasadena, Texas, alleging violations of their...

Supplemental Jurisdiction Requires Valid Federal Grounds: Fifth Circuit Vacates District Court’s Ruling in Arena v. Graybar

Date: Jan 26, 2012

Supplemental Jurisdiction Requires Valid Federal Grounds: Fifth Circuit Vacates District Court’s Ruling in Arena v. Graybar Introduction In the landmark case of Richard A. Arena, Jr., d/b/a...

Federal Government Immunity Under State Emergency Statutes in FTCA Claims: An Analysis of In re FEMA Trailer Formaldehyde Products Liability Litigation

Date: Jan 24, 2012

Federal Government Immunity Under State Emergency Statutes in FTCA Claims: An Analysis of In re FEMA Trailer Formaldehyde Products Liability Litigation Introduction The case In re FEMA Trailer...

Bohnsack v. Varco: Refining Standards for Fraudulent Inducement and Trade Secret Misappropriation in Patent Negotiations

Date: Jan 24, 2012

Bohnsack v. Varco: Refining Standards for Fraudulent Inducement and Trade Secret Misappropriation in Patent Negotiations Introduction Bohnsack v. Varco, L.P. is a pivotal case adjudicated by the...

Reaffirming Standards for Healthcare Fraud: Analyzing Delgado v. United States

Date: Jan 20, 2012

Reaffirming Standards for Healthcare Fraud: Analyzing Delgado v. United States Introduction Delgado v. United States (668 F.3d 219) is a pivotal case adjudicated by the United States Court of Appeals...

First Amendment Violation in Cable Franchising: Time Warner v. Texas PUC

Date: Jan 14, 2012

First Amendment Violation in Cable Franchising: Time Warner v. Texas PUC Introduction The appellate case of Time Warner Cable, Inc. & Texas Cable Association v. Public Utility Commission of Texas...

Affirmation of Government's Enforcement Claims under the Contract Disputes Act in United States v. Renda Marine, Inc.

Date: Jan 14, 2012

Affirmation of Government's Enforcement Claims under the Contract Disputes Act in United States v. Renda Marine, Inc. Introduction In the case of United States of America v. Renda Marine, Inc. (667...

Equal Protection Standards in Ballot Access Litigation: Insights from Wilson v. Birnberg

Date: Jan 13, 2012

Equal Protection Standards in Ballot Access Litigation: Insights from Wilson v. Birnberg Introduction In the case of David Buren Wilson v. Gerald Birnberg, adjudicated by the United States Court of...

Exclusive Remedy Under the Defense Base Act: Preempting State Tort Claims in FISHER v. HALLIBURTON

Date: Jan 13, 2012

Exclusive Remedy Under the Defense Base Act: Preempting State Tort Claims in FISHER v. HALLIBURTON 1. Introduction FISHER v. HALLIBURTON is a pivotal case adjudicated by the United States Court of...

Clarifying Successive Habeas Petitions under 28 U.S.C. § 2255(h): Analysis of In re Billy Lampton

Date: Jan 12, 2012

Clarifying Successive Habeas Petitions under 28 U.S.C. § 2255(h): Analysis of In re Billy Lampton Introduction In re Billy Lampton is a pivotal decision rendered by the United States Court of Appeals...

Withdrawal of Fifth Amendment Privilege in RICO Civil Cases: Davis–Lynch v. Moreno & Pucek

Date: Jan 12, 2012

Withdrawal of Fifth Amendment Privilege in RICO Civil Cases: Davis–Lynch v. Moreno & Pucek Introduction In the case of Davis–Lynch, Inc. v. Jose Alfredo Moreno d/b/a Hanna–Skye and Accurate and...

Clarifying 'Crime of Violence' Enhancements for Illegal Reentry: Analysis of United States v. Sanchez

Date: Jan 11, 2012

Clarifying 'Crime of Violence' Enhancements for Illegal Reentry: Analysis of United States v. Sanchez Introduction In United States v. Sanchez, 667 F.3d 555 (5th Cir. 2012), the United States Court...

Strict Interpretation of 'Return' Under Bankruptcy Code Affirmed by 5th Circuit

Date: Jan 5, 2012

Strict Interpretation of 'Return' Under Bankruptcy Code Affirmed by 5th Circuit Introduction The case In the Matter of Linda Trenett McCOY v. Mississippi State Tax Commission explores the boundaries...

Affirmation of Material Support Convictions against Hamas Affiliates: Implications for Terrorism Financing Cases

Date: Dec 28, 2011

Affirmation of Material Support Convictions against Hamas Affiliates: Implications for Terrorism Financing Cases Introduction In the consolidated case of United States of America v. Mohammad...

IFIC v. Sweet Little Mexico Corp.: Defining Jurisdictional Boundaries in Customs Surety Indemnification

Date: Dec 23, 2011

IFIC v. Sweet Little Mexico Corp.: Defining Jurisdictional Boundaries in Customs Surety Indemnification Introduction The legal landscape surrounding customs duties and surety bonds is complex, often...

Fifth Circuit Affirms Deference to State Court Findings in Atkins Capital Habeas Petition

Date: Dec 23, 2011

Fifth Circuit Affirms Deference to State Court Findings in Atkins Capital Habeas Petition Introduction In the landmark case of Carl Henry Blue v. Rick Thaler, the United States Court of Appeals for...

5th Circuit Reverses Summary Judgment in Title VII Racial Discrimination Case, Emphasizing Need for Genuine Issue of Material Fact

Date: Dec 22, 2011

5th Circuit Reverses Summary Judgment in Title VII Racial Discrimination Case, Emphasizing Need for Genuine Issue of Material Fact Introduction The case of Carol L. Vaughn v. Woodforest Bank (665...

Affirmation of Summary Judgment in Wrongful Termination Case: Lewis v. University of Texas Medical Branch

Date: Dec 21, 2011

Affirmation of Summary Judgment in Wrongful Termination Case: Lewis v. University of Texas Medical Branch Introduction In the case of Ray P. Lewis v. University of Texas Medical Branch at Galveston...

Turner v. Pleasant: Reopening Judgments Amid Judicial Misconduct

Date: Dec 17, 2011

Turner v. Pleasant: Reopening Judgments Amid Judicial Misconduct Introduction Ada D. Turner and Ronnie Turner initiated a personal injury lawsuit against Neal E. Pleasant, RPIA of Delaware,...

Qualified Immunity in Excessive Force Cases: Rockwell v. Garland Police Department

Date: Dec 16, 2011

Qualified Immunity in Excessive Force Cases: Rockwell v. Garland Police Department Introduction Rockwell v. Garland Police Department is a pivotal case adjudicated by the United States Court of...