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  • Commentaries
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5th Circuit Case Commentaries

Foster v. Quarterman: Clarifying Enmund/Tison Standards under AEDPA

Foster v. Quarterman: Clarifying Enmund/Tison Standards under AEDPA

Date: Oct 3, 2006
Foster v. Quarterman: Clarifying Enmund/Tison Standards under AEDPA Introduction Kenneth Eugene Foster was convicted in Texas state court for capital murder committed during an armed robbery in 1996...
5th Circuit Affirms Use of Juvenile Convictions for Life Sentence Enhancements in Drug Offenses

5th Circuit Affirms Use of Juvenile Convictions for Life Sentence Enhancements in Drug Offenses

Date: Sep 30, 2006
5th Circuit Affirms Use of Juvenile Convictions for Life Sentence Enhancements in Drug Offenses Introduction The case of United States of America v. Melvin Lee Mays (466 F.3d 335) addresses...
Affirmation of HUD's Discretion in Environmental and Historic Preservation Assessments under NEPA and NHPA

Affirmation of HUD's Discretion in Environmental and Historic Preservation Assessments under NEPA and NHPA

Date: Sep 19, 2006
Affirmation of HUD's Discretion in Environmental and Historic Preservation Assessments under NEPA and NHPA Introduction The case of Coliseum Square Association, Inc. et al. v. Alphonso Jackson et...
Affirmation of Denial of Qualified Immunity in First Amendment Retaliation Claim and Reversal in FMLA Retaliation Claim in Modica v. Taylor

Affirmation of Denial of Qualified Immunity in First Amendment Retaliation Claim and Reversal in FMLA Retaliation Claim in Modica v. Taylor

Date: Sep 14, 2006
Affirmation of Denial of Qualified Immunity in First Amendment Retaliation Claim and Reversal in FMLA Retaliation Claim in Modica v. Taylor Introduction In the case of Carolyn Modica,...
Preservation of Original Statute of Limitations Through Rule 60(b) Reinstatement: Stanley v. Roster et al.

Preservation of Original Statute of Limitations Through Rule 60(b) Reinstatement: Stanley v. Roster et al.

Date: Sep 13, 2006
Preservation of Original Statute of Limitations Through Rule 60(b) Reinstatement: Stanley v. Roster et al. Introduction In the case of Raymond Stanley v. Terry Roster; Michael Geerdes; Francine...
Scope of Permissive Use and Insurance Coverage in Employer Liability: Adams v. Travelers Indemnity Co.

Scope of Permissive Use and Insurance Coverage in Employer Liability: Adams v. Travelers Indemnity Co.

Date: Sep 13, 2006
Scope of Permissive Use and Insurance Coverage in Employer Liability: Adams v. Travelers Indemnity Co. Introduction Adams v. Travelers Indemnity Company of Connecticut is a pivotal case that examines...
Enhancing FDCPA Protections for Debt Collectors Enforcing Security Interests: Kaltenbach v. Richards

Enhancing FDCPA Protections for Debt Collectors Enforcing Security Interests: Kaltenbach v. Richards

Date: Sep 12, 2006
Enhancing FDCPA Protections for Debt Collectors Enforcing Security Interests: Kaltenbach v. Richards Introduction In the landmark case of Robert Kaltenbach v. Keith Richards et al., decided by the...
Enforcement of Forum-Selection Clauses through Direct-Benefit Estoppel: Insights from Hellenic Investment Fund, Inc. v. Det Norske Veritas

Enforcement of Forum-Selection Clauses through Direct-Benefit Estoppel: Insights from Hellenic Investment Fund, Inc. v. Det Norske Veritas

Date: Sep 8, 2006
Enforcement of Forum-Selection Clauses through Direct-Benefit Estoppel: Insights from Hellenic Investment Fund, Inc. v. Det Norske Veritas Introduction The case of Hellenic Investment Fund, Inc. v....
Enron Arbitration Scope Clarified: Insurer-Insured Disputes Only

Enron Arbitration Scope Clarified: Insurer-Insured Disputes Only

Date: Sep 2, 2006
Enron Arbitration Scope Clarified: Insurer-Insured Disputes Only Introduction The case of Pamela M. Tittle, etc. v. Enron Corporation, et al. before the United States Court of Appeals for the Fifth...
First Amendment Protections for Contractors: Oscar Renda Contracting, Inc. v. City of Lubbock

First Amendment Protections for Contractors: Oscar Renda Contracting, Inc. v. City of Lubbock

Date: Sep 1, 2006
First Amendment Protections for Contractors: Oscar Renda Contracting, Inc. v. City of Lubbock Introduction The case of Oscar Renda Contracting, Inc.; et al. v. The City of Lubbock, Texas addresses...
Enhancing the Integrity of Right of First Refusal Clauses: Insights from Fordoche v. Texaco

Enhancing the Integrity of Right of First Refusal Clauses: Insights from Fordoche v. Texaco

Date: Sep 1, 2006
Enhancing the Integrity of Right of First Refusal Clauses: Insights from Fordoche v. Texaco Introduction The case of Fordoche, Inc., et al. v. Texaco, Inc., et al., heard by the United States Court...
Qualified Immunity in Prison Medical Care: Gobert v. Caldwell (5th Cir. 2006)

Qualified Immunity in Prison Medical Care: Gobert v. Caldwell (5th Cir. 2006)

Date: Aug 30, 2006
Qualified Immunity in Prison Medical Care: Gobert v. Caldwell (5th Cir. 2006) Introduction Anthony Gobert v. Lawrence Caldwell; Michael Hegmann, decided by the United States Court of Appeals for the...
Miranda Compliance and the Applicability of Seibert: Insights from United States v. Courtney

Miranda Compliance and the Applicability of Seibert: Insights from United States v. Courtney

Date: Aug 29, 2006
Miranda Compliance and the Applicability of Seibert: Insights from United States v. Courtney Introduction United States of America v. Cherie Marie Courtney (463 F.3d 333) is a pivotal case decided by...
Employment Termination and Exemption Standards Under ADEA and FLSA: Comprehensive Analysis of Johnston v. Allstate Insurance Company

Employment Termination and Exemption Standards Under ADEA and FLSA: Comprehensive Analysis of Johnston v. Allstate Insurance Company

Date: Aug 25, 2006
Employment Termination and Exemption Standards Under ADEA and FLSA Comprehensive Analysis of Johnston v. Allstate Insurance Company, 465 F.3d 578 (5th Cir. 2006) Introduction In Johnston v. Allstate...
Enforceability of Arbitration Clauses in Securities Brokerage Agreements: Brown v. Pacific Life Insurance Co.

Enforceability of Arbitration Clauses in Securities Brokerage Agreements: Brown v. Pacific Life Insurance Co.

Date: Aug 24, 2006
Enforceability of Arbitration Clauses in Securities Brokerage Agreements: Brown v. Pacific Life Insurance Co. Introduction In the appellate case of Lonnie Brown, et al. v. Pacific Life Insurance Co.,...
Extended Traffic Stop and Consent Unlawfully Given: United States v. Tommie Darnell Jenson

Extended Traffic Stop and Consent Unlawfully Given: United States v. Tommie Darnell Jenson

Date: Aug 24, 2006
Extended Traffic Stop and Consent Unlawfully Given: United States v. Tommie Darnell Jenson 1. Introduction United States of America v. Tommie Darnell Jenson, 462 F.3d 399 (5th Cir. 2006), presents a...
Oral Pronouncements Govern Special Conditions in Supervised Release: A Comprehensive Analysis of United States v. Bigelow

Oral Pronouncements Govern Special Conditions in Supervised Release: A Comprehensive Analysis of United States v. Bigelow

Date: Aug 24, 2006
Oral Pronouncements Govern Special Conditions in Supervised Release: A Comprehensive Analysis of United States v. Bigelow Introduction In United States v. Wade Hampton Bigelow, decided by the United...
Narrow Interpretation of ERISA Beneficiary Standing: Daisy Estelle Cobb v. Central States Pension Fund

Narrow Interpretation of ERISA Beneficiary Standing: Daisy Estelle Cobb v. Central States Pension Fund

Date: Aug 23, 2006
Narrow Interpretation of ERISA Beneficiary Standing: Daisy Estelle Cobb v. Central States Pension Fund Introduction The case of Daisy Estelle Cobb v. Central States, Southwest and Southeast Areas...
Reinforcing Predominance and Superiority in Class Action Certification: Steering Committee v. Exxon Mobil

Reinforcing Predominance and Superiority in Class Action Certification: Steering Committee v. Exxon Mobil

Date: Aug 19, 2006
Reinforcing Predominance and Superiority in Class Action Certification: Steering Committee v. Exxon Mobil Introduction In the landmark case of Steering Committee, Plaintiff-Appellant, v. Exxon Mobil...
Res Judicata in Federal Court Following State Court Judgment: Black v. North Panola School District

Res Judicata in Federal Court Following State Court Judgment: Black v. North Panola School District

Date: Aug 19, 2006
Res Judicata in Federal Court Following State Court Judgment: Black v. North Panola School District Introduction Black v. North Panola School District is a pivotal case adjudicated by the United...
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