5th Circuit Case Commentaries

Affirmation of Enhanced Sentencing for Transportation of Child Pornography: United States v. Aubrey Ruffin Miller

Date: Dec 14, 2011

Affirmation of Enhanced Sentencing for Transportation of Child Pornography Introduction Case: United States of America, Plaintiff-Appellee, v. Aubrey Ruffin Miller, Defendant-Appellant. Court: United...

Corroboration Requirements in Asylum Claims: Insights from Rui Yang v. Holder

Date: Dec 13, 2011

Corroboration Requirements in Asylum Claims: Insights from Rui Yang v. Holder Introduction The case of Rui Yang v. Eric H. Holder addressed significant issues pertaining to asylum applications,...

Gilbane v. Admiral Insurance: Defining Additional Insured Status and the Eight-Corners Rule in Insurance Coverage

Date: Dec 13, 2011

Gilbane v. Admiral Insurance: Defining Additional Insured Status and the Eight-Corners Rule in Insurance Coverage Introduction Gilbane Building Company initiated a legal battle against Admiral...

Affirmation of FISA-Authorized Convictions for Material Support to Designated Terrorist Organization: A Comprehensive Fifth Circuit Analysis

Date: Dec 8, 2011

Affirmation of FISA-Authorized Convictions for Material Support to Designated Terrorist Organization: A Comprehensive Fifth Circuit Analysis Introduction The case of the United States of America v....

Perjury and Sanctions in Employment Discrimination Cases: Insights from Brown v. Oil States Skagit Smatco

Date: Dec 7, 2011

Perjury and Sanctions in Employment Discrimination Cases: Insights from Brown v. Oil States Skagit Smatco Introduction Brown v. Oil States Skagit Smatco, 664 F.3d 71 (5th Cir. 2011), presents a...

Turner v. Pleasant: Res Judicata and Independent Actions in Equity Amid Judicial Misconduct

Date: Nov 24, 2011

Turner v. Pleasant: Res Judicata and Independent Actions in Equity Amid Judicial Misconduct Introduction Turner v. Pleasant is a landmark decision by the United States Court of Appeals for the Fifth...

Affirming the Limitations of RICO and OCSLA in Offshore Vessels: Brown et al. v. Offshore Specialty Fabricators

Date: Nov 24, 2011

Affirming the Limitations of RICO and OCSLA in Offshore Vessels: Brown et al. v. Offshore Specialty Fabricators Introduction Brown et al. v. Offshore Specialty Fabricators et al., 663 F.3d 759 (5th...

Revocable Licensing Privileges and Property Interests: Insights from Maloney Gaming Management, L.L.C. v. St. Tammany Parish

Date: Nov 24, 2011

Revocable Licensing Privileges and Property Interests: Insights from Maloney Gaming Management, L.L.C. v. St. Tammany Parish Introduction The case of Maloney Gaming Management, L.L.C. Clerk Plaintiff...

ERISA Preemption of State-Law Misrepresentation Claims in Healthcare Reimbursement: Access Mediquip LLC v. UnitedHealthcare Insurance Co.

Date: Nov 9, 2011

ERISA Preemption of State-Law Misrepresentation Claims in Healthcare Reimbursement: Access Mediquip LLC v. UnitedHealthcare Insurance Co. Introduction Access Mediquip LLC, a Texas Limited Liability...

Affirmed Summary Judgment in Employment Discrimination and Retaliation Claims: Davis v. Dallas Independent School District

Date: Nov 5, 2011

Affirmed Summary Judgment in Employment Discrimination and Retaliation Claims: Davis v. Dallas Independent School District Introduction The case of Dana L. Davis v. Dallas Independent School District...

Affirming State Sovereign Immunity: Louisiana’s Eleventh Amendment Rights Recognized on Appeal

Date: Nov 4, 2011

Affirming State Sovereign Immunity: Louisiana’s Eleventh Amendment Rights Recognized on Appeal Introduction The case of Union Pacific Railroad Company v. Louisiana Public Service Commission et al.,...

Fifth Circuit Clarifies Standards for Staying Proceedings Pending Arbitration Appeals

Date: Nov 2, 2011

Fifth Circuit Clarifies Standards for Staying Proceedings Pending Arbitration Appeals Introduction The case of Weingarten Realty Investors v. Stewart A. Miller (661 F.3d 904, 5th Cir. 2011) addressed...

ADA Disability Determination: Griffin v. UPS Affirmed

Date: Oct 20, 2011

ADA Disability Determination: Griffin v. UPS Affirmed Introduction The case of Rommel E. Griffin, Sr. v. United Parcel Service, Incorporated (661 F.3d 216) addresses key issues under the Americans...

Res Judicata Precludes Declaratory Judgment on Bankruptcy Satisfaction of Guaranties in Weaver v. Texas Capital Bank

Date: Oct 18, 2011

Res Judicata Precludes Declaratory Judgment on Bankruptcy Satisfaction of Guaranties in Weaver v. Texas Capital Bank Introduction Dewey Weaver v. Texas Capital Bank N.A. is a pivotal case decided by...

5th Circuit Affirms Presumption of Reasonableness for Within-Guidelines Sentences with Stale Prior Convictions in Rodriguez v. United States

Date: Oct 8, 2011

5th Circuit Affirms Presumption of Reasonableness for Within-Guidelines Sentences with Stale Prior Convictions in Rodriguez v. United States Introduction The case of United States of America v. Jose...

Affirming Jurisdiction Over Appeal of Transfer Orders in Successive §2255 Motions: The In re Cecil Lumont Bradford Decision

Date: Oct 8, 2011

Affirming Jurisdiction Over Appeal of Transfer Orders in Successive §2255 Motions: The In re Cecil Lumont Bradford Decision Introduction The case of In re Cecil Lumont Bradford, decided by the United...

Qualified Immunity Affirmed for School Principals in Absence of Clearly Established Law on Student Religious Speech

Date: Sep 30, 2011

Qualified Immunity Affirmed for School Principals in Absence of Clearly Established Law on Student Religious Speech Introduction In the case of Doug Morgan, et al., Plaintiffs–Appellees, v. Lynn...

Porter v. Epps: Affirmation of Qualified Immunity Standards for Corrections Officials

Date: Sep 29, 2011

Porter v. Epps: Affirmation of Qualified Immunity Standards for Corrections Officials Introduction In the landmark case of Will Terrance Porter v. Christopher B. Epps, the United States Court of...

Deliberate Indifference in Prison Medical Care: Stockwell v. Kanan et al. Analysis

Date: Sep 29, 2011

Deliberate Indifference in Prison Medical Care: Stockwell v. Kanan et al. Analysis Introduction In Charles Stockwell v. D.O. Gordon Kanan; Danny Marrero; Sandra Butler; Paul Celestin; Rebecca Tamez...

5th Circuit Reaffirms Standing Requirements Under NHPA: Significance of Geographical Nexus Illustrated in Friends of Cabrini Church Case

Date: Sep 27, 2011

5th Circuit Reaffirms Standing Requirements Under NHPA: Significance of Geographical Nexus Illustrated in Friends of Cabrini Church Case Introduction The case of Friends of St. Frances Xavier Cabrini...