5th Circuit Case Commentaries

Affirmation of Sentence in Post-Booker Era: United States v. Aguirre-Villa

Date: Aug 16, 2006

Affirmation of Sentence in Post-Booker Era: United States v. Aguirre-Villa Introduction In United States v. Roberto Aguirre-Villa, 460 F.3d 681 (5th Cir. 2006), the United States Court of Appeals for...

Reaffirmation of Procedural Barriers in Federal Habeas Corpus under AEDPA: Ruiz v. Quarterman

Date: Aug 11, 2006

Reaffirmation of Procedural Barriers in Federal Habeas Corpus under AEDPA: Ruiz v. Quarterman Introduction Rolando Ruiz v. Nathaniel Quarterman is a significant appellate decision rendered by the...

Establishing Reasonable Suspicion Based on Physical Indicators and Officer Experience: Insights from United States v. Estrada

Date: Aug 9, 2006

Establishing Reasonable Suspicion Based on Physical Indicators and Officer Experience: Insights from United States v. Estrada Introduction In the landmark case United States v. Estrada, adjudicated...

Affirming Administrative Discretion Under ERISA: High v. E-Systems Inc.

Date: Aug 4, 2006

Affirming Administrative Discretion Under ERISA: High v. E-Systems Inc. Introduction The case of Henry Thomas High v. E-Systems Inc. represents a significant precedent in the interpretation and...

Pre-Election Residency Declarations Violate Constitutional Qualifications Clause

Date: Aug 4, 2006

Pre-Election Residency Declarations Violate Constitutional Qualifications Clause Introduction In the landmark case TEXAS DEMOCRATIC PARTY v. BENKISER (459 F.3d 582), the United States Court of...

Conversion of Habeas Corpus Petitions to Petitions for Review under the REAL ID Act: Andrade v. Gonzales

Date: Aug 2, 2006

Conversion of Habeas Corpus Petitions to Petitions for Review under the REAL ID Act: Andrade v. Gonzales Introduction In Andrade v. Gonzales, 459 F.3d 538 (5th Cir. 2006), the United States Court of...

Meeting Competition Defense Under the Robinson-Patman Act: Insights from Water Craft Management LLC v. Mercury Marine

Date: Jul 26, 2006

Meeting Competition Defense Under the Robinson-Patman Act: Insights from Water Craft Management LLC v. Mercury Marine Introduction The case of Water Craft Management LLC, Douglas Wayne Glascock, Nick...

Post-Petition Events Considered in Substantial Abuse Determinations under 11 U.S.C. §707(b)

Date: Jul 21, 2006

Post-Petition Events Considered in Substantial Abuse Determinations under 11 U.S.C. §707(b) Introduction The case of In Re: Carlos Vicente Cortez; Suzanne Hallman Cortez, Debtors (457 F.3d 448)...

Affirmation of Drug Conspiracy and Firearm Enhancement Convictions in United States v. Maria and Rutilio Hernandez

Date: Jul 20, 2006

Affirmation of Drug Conspiracy and Firearm Enhancement Convictions in United States v. Maria and Rutilio Hernandez Introduction In the case United States v. Maria Hernandez; Rutilio Hernandez, heard...

Coleman v. Quarterman: Upholding Procedural Defaults and AEDPA Deference in Death Penalty Habeas Review

Date: Jul 19, 2006

Coleman v. Quarterman: Upholding Procedural Defaults and AEDPA Deference in Death Penalty Habeas Review Introduction Coleman v. Quarterman is a significant appellate decision by the United States...

Narrow Interpretation of Appeal Waivers and Factual Basis for Criminal Convictions: United States v. Palmer (5th Cir. 2006)

Date: Jul 18, 2006

Narrow Interpretation of Appeal Waivers and Factual Basis for Criminal Convictions: United States v. Palmer (5th Cir. 2006) Introduction United States of America v. Glenn Ray Palmer, 456 F.3d 484...

Limits on Party Substitution for Diversity Jurisdiction: Salazar v. Allstate Texas Lloyd's

Date: Jul 11, 2006

Limits on Party Substitution for Diversity Jurisdiction: Salazar v. Allstate Texas Lloyd's Introduction In the case of Jose Salazar v. Allstate Texas Lloyd's, Inc., the United States Court of Appeals...

Fifth Circuit Affirms Plaintiff's Burden in CAFA Jurisdictional Challenges

Date: Jul 7, 2006

Fifth Circuit Affirms Plaintiff's Burden in CAFA Jurisdictional Challenges Introduction The case of Claude Frazier et al. v. Pioneer Americas LLC addressed pivotal questions surrounding the Class...

Presumption of Reasonableness for Consecutive Sentences under Advisory Federal Guidelines: United States v. Candia

Date: Jun 28, 2006

Presumption of Reasonableness for Consecutive Sentences under Advisory Federal Guidelines: United States v. Candia Introduction United States v. Delio Jesus Candia, 454 F.3d 468 (5th Cir. 2006),...

Sandstrom Error and Harmlessness: Insights from Garcia v. Quarterman

Date: Jun 24, 2006

Sandstrom Error and Harmlessness: Insights from Garcia v. Quarterman Introduction Garcia v. Quarterman, 454 F.3d 441 (5th Cir. 2006), is a significant appellate decision that addresses the...

Duty to Defend in Insurance Contracts: Insights from United Fire & Casualty Co. v. Hixson Brothers Inc.

Date: Jun 20, 2006

Duty to Defend in Insurance Contracts: Insights from United Fire & Casualty Co. v. Hixson Brothers Inc. Introduction The case of United Fire and Casualty Co., Plaintiff-Counter Defendant-Appellant,...

Valdez v. USA: Fifth Circuit Restricts Sentencing Guideline Enhancement for Irrelevant Substances in Drug Conspiracy

Date: Jun 16, 2006

Valdez v. USA: Fifth Circuit Restricts Sentencing Guideline Enhancement for Irrelevant Substances in Drug Conspiracy Introduction In United States of America v. Cesar Arrnoldo Valdez and Hector Raul...

Affirmation of Dismissal Without Prejudice in Qui Tam Actions: Insights from SEALED APPELLANT v. SEALED APPELLEE

Date: Jun 13, 2006

Affirmation of Dismissal Without Prejudice in Qui Tam Actions: Insights from SEALED APPELLANT v. SEALED APPELLEE Introduction The case of SEALED APPELLANT v. SEALED APPELLEE, adjudicated by the...

Broad Interpretation of 'Relates to' Under 9 U.S.C. §205 and Unanimity in Convention Act Removals: Acosta v. Master Maintenance

Date: Jun 9, 2006

Broad Interpretation of 'Relates to' Under 9 U.S.C. §205 and Unanimity in Convention Act Removals: Acosta v. Master Maintenance Introduction The case of Ken Acosta et al. v. Master Maintenance and...

Whiting v. University of Southern Mississippi: Establishing Limits on §1983 Claims in Tenure Denial Cases

Date: Jun 3, 2006

Whiting v. University of Southern Mississippi: Establishing Limits on §1983 Claims in Tenure Denial Cases Introduction Whiting v. University of Southern Mississippi, 451 F.3d 339 (5th Cir. 2006), is...

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