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  • Commentaries
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5th Circuit Case Commentaries

Fifth Circuit Upholds Procedural Classification of Texas Declaratory Judgment Act's Attorney Fees Provision under Erie Doctrine in Camacho v. Texas Workforce Commission

Fifth Circuit Upholds Procedural Classification of Texas Declaratory Judgment Act's Attorney Fees Provision under Erie Doctrine in Camacho v. Texas Workforce Commission

Date: Mar 31, 2006
Fifth Circuit Upholds Procedural Classification of Texas Declaratory Judgment Act's Attorney Fees Provision under Erie Doctrine in Camacho v. Texas Workforce Commission Introduction In Soila Camacho,...
Limitations on Consideration of Prior Arrests in Upward Departures: Insights from United States v. Jones

Limitations on Consideration of Prior Arrests in Upward Departures: Insights from United States v. Jones

Date: Mar 28, 2006
Limitations on Consideration of Prior Arrests in Upward Departures: Insights from United States v. Jones Introduction United States of America v. Robert Jones is a significant judgment from the...
5th Circuit Reaffirms Qualified Immunity and Rejects 'State-Created Danger' Theory in §1983 Claims: Rios v. City of Del Rio

5th Circuit Reaffirms Qualified Immunity and Rejects 'State-Created Danger' Theory in §1983 Claims: Rios v. City of Del Rio

Date: Mar 28, 2006
5th Circuit Reaffirms Qualified Immunity and Rejects 'State-Created Danger' Theory in §1983 Claims: Rios v. City of Del Rio Introduction In the landmark case Ricardo Rios, II; Marisela Rios,...
HECK v. HUMPHREY's Favorable Termination Rule Applied to Alford Pleas: Insights from Ballard v. Burton

HECK v. HUMPHREY's Favorable Termination Rule Applied to Alford Pleas: Insights from Ballard v. Burton

Date: Mar 25, 2006
HECK v. HUMPHREY's Favorable Termination Rule Applied to Alford Pleas: Insights from Ballard v. Burton, 444 F.3d 391 (5th Cir. 2006) Introduction Stephen Ballard, the plaintiff-appellant, filed a...
Refining the Definition of 'Social Group' in Asylum Claims: Mwembie v. Gonzales

Refining the Definition of 'Social Group' in Asylum Claims: Mwembie v. Gonzales

Date: Mar 17, 2006
Refining the Definition of 'Social Group' in Asylum Claims: Mwembie v. Gonzales Introduction In Monique T. Mwembie v. Alberto R. Gonzales, United States Attorney General, 443 F.3d 405 (5th Cir....
Federal Preemption of State Product Liability Claims in Medical Device Litigation: Gomez v. St. Jude Medical

Federal Preemption of State Product Liability Claims in Medical Device Litigation: Gomez v. St. Jude Medical

Date: Mar 15, 2006
Federal Preemption of State Product Liability Claims in Medical Device Litigation: Gomez v. St. Jude Medical Introduction Case: Danell Gomez and Martin Gomez, Plaintiffs-Appellants, v. St. Jude...
Equitable Tolling in Successive Habeas Applications: Insights from In re: Marvin Lee Wilson

Equitable Tolling in Successive Habeas Applications: Insights from In re: Marvin Lee Wilson

Date: Mar 11, 2006
Equitable Tolling in Successive Habeas Applications: Insights from In re: Marvin Lee Wilson Introduction In re: Marvin Lee Wilson (442 F.3d 872) is a pivotal case decided by the United States Court...
Clarifying Criminal History Score Calculation under 8 U.S.C. § 1326: Insights from United States v. Arviso-Mata

Clarifying Criminal History Score Calculation under 8 U.S.C. § 1326: Insights from United States v. Arviso-Mata

Date: Mar 8, 2006
Clarifying Criminal History Score Calculation under 8 U.S.C. § 1326: Insights from United States v. Arviso-Mata Introduction In the landmark case of United States of America v. Juan Arviso-Mata, the...
Clarifying 'Loss' in Sentencing Guidelines for Workers' Compensation Fraud: United States v. Harms

Clarifying 'Loss' in Sentencing Guidelines for Workers' Compensation Fraud: United States v. Harms

Date: Mar 7, 2006
Clarifying 'Loss' in Sentencing Guidelines for Workers' Compensation Fraud: United States v. Harms Introduction In United States v. Michael Lee Harms, 442 F.3d 367 (5th Cir. 2006), the United States...
Enhancing Sentencing Flexibility: Upward Departure in Federal Sentencing Guidelines

Enhancing Sentencing Flexibility: Upward Departure in Federal Sentencing Guidelines

Date: Mar 7, 2006
Enhancing Sentencing Flexibility: Upward Departure in Federal Sentencing Guidelines Introduction The case of United States of America v. Dario Zuniga-Peralta, decided by the United States Court of...
Affirmation on Brady Violation Claims and Restriction on Motion Amendments in United States v. Edwards

Affirmation on Brady Violation Claims and Restriction on Motion Amendments in United States v. Edwards

Date: Mar 2, 2006
Affirmation on Brady Violation Claims and Restriction on Motion Amendments in United States v. Edwards Introduction In United States v. Edwards, 442 F.3d 258 (5th Cir. 2006), the appellants—four-term...
Reaffirming Reasonableness in Non-Guideline Sentencing Post-Booker: Insights from United States v. Smith

Reaffirming Reasonableness in Non-Guideline Sentencing Post-Booker: Insights from United States v. Smith

Date: Feb 18, 2006
Reaffirming Reasonableness in Non-Guideline Sentencing Post-Booker: Insights from United States v. Smith Introduction The landmark case of United States v. Jamold Smith, decided by the United States...
Strengthened Pleading Standards under PSLRA: Analysis of Financial Acquisition Partners LP v. Blackwell et al.

Strengthened Pleading Standards under PSLRA: Analysis of Financial Acquisition Partners LP v. Blackwell et al.

Date: Feb 15, 2006
Strengthened Pleading Standards under PSLRA: Analysis of Financial Acquisition Partners LP v. Blackwell et al. Introduction The case Financial Acquisition Partners LP v. Blackwell et al. (440 F.3d...
Pierce v. Barnhart: Clarifying Timeliness of Attorney's Fees under EAJA and §406(b)

Pierce v. Barnhart: Clarifying Timeliness of Attorney's Fees under EAJA and §406(b)

Date: Feb 15, 2006
Pierce v. Barnhart: Clarifying Timeliness of Attorney's Fees under EAJA and §406(b) Introduction The case of Michael Pierce and Dennis King versus Jo Anne B. Barnhart, Commissioner of Social...
Clarifying Jurisdiction and Sentencing Guidelines: Analysis of United States v. Story

Clarifying Jurisdiction and Sentencing Guidelines: Analysis of United States v. Story

Date: Feb 3, 2006
Clarifying Jurisdiction and Sentencing Guidelines: Analysis of United States v. Story Introduction United States of America v. Paul Jerome Story, 439 F.3d 226 (5th Cir. 2006), serves as a significant...
Abuse of Discretion in Granting Stay: Stewart v. Western Heritage Insurance Co.

Abuse of Discretion in Granting Stay: Stewart v. Western Heritage Insurance Co.

Date: Jan 27, 2006
Abuse of Discretion in Granting Stay: Stewart v. Western Heritage Insurance Co. (438 F.3d 488) Introduction The case of Susie Pierce Stewart v. Western Heritage Insurance Company addresses critical...
Fifth Circuit Clarifies Carrier Liability Under the Carmack Amendment in MAN Roland Inc. v. ASCO USA, LLC

Fifth Circuit Clarifies Carrier Liability Under the Carmack Amendment in MAN Roland Inc. v. ASCO USA, LLC

Date: Jan 27, 2006
Fifth Circuit Clarifies Carrier Liability Under the Carmack Amendment in MAN Roland Inc. v. ASCO USA, LLC Introduction In the landmark case MAN Roland Inc. v. ASCO USA, LLC, decided on January 26,...
Fifth Circuit Reaffirms Stream of Commerce Basis for Personal Jurisdiction in Luv N' Care v. Insta-Mix

Fifth Circuit Reaffirms Stream of Commerce Basis for Personal Jurisdiction in Luv N' Care v. Insta-Mix

Date: Jan 26, 2006
Fifth Circuit Reaffirms Stream of Commerce Basis for Personal Jurisdiction in Luv N' Care, Ltd. v. Insta-Mix, Inc. Introduction The case of Luv N' Care, Ltd. v. Insta-Mix, Inc. represents a...
Sanctioning Frivolous Appeals: Upholding Judicial Integrity in Stearman v. Commissioner of Internal Revenue

Sanctioning Frivolous Appeals: Upholding Judicial Integrity in Stearman v. Commissioner of Internal Revenue

Date: Jan 20, 2006
Sanctioning Frivolous Appeals: Upholding Judicial Integrity in Stearman v. Commissioner of Internal Revenue Introduction In the landmark case of William C. Stearman, III v. Commissioner of Internal...
Affirmation of Civil Rights Violations under 18 U.S.C. § 242: Gonzales v. United States

Affirmation of Civil Rights Violations under 18 U.S.C. § 242: Gonzales v. United States

Date: Jan 18, 2006
Affirmation of Civil Rights Violations under 18 U.S.C. § 242: Gonzales v. United States Introduction In the landmark case of United States of America v. Richard Gonzales, Louis Gomez, Carlos Reyna,...
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