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  • Commentaries
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5th Circuit Case Commentaries

Expansion of UFTA Fraudulent Transfer Liability Beyond Knowing Participants: Warfield v. Byron and Johnson

Expansion of UFTA Fraudulent Transfer Liability Beyond Knowing Participants: Warfield v. Byron and Johnson

Date: Jan 18, 2006
Expansion of UFTA Fraudulent Transfer Liability Beyond Knowing Participants: Warfield v. Byron and Johnson Introduction In the landmark case of Warfield v. Byron and Johnson, decided by the United...
Establishing Removal Jurisdiction in the Context of Improperly Joined Defendants: Insights from Crockett v. R.J. Reynolds Tobacco Co.

Establishing Removal Jurisdiction in the Context of Improperly Joined Defendants: Insights from Crockett v. R.J. Reynolds Tobacco Co.

Date: Jan 14, 2006
Establishing Removal Jurisdiction in the Context of Improperly Joined Defendants: Insights from Crockett v. R.J. Reynolds Tobacco Co. Introduction The case of Johnny Crockett, et al. v. R.J. Reynolds...
Reverse Preemption of the Federal Arbitration Act by State Insurance Regulation: Insights from American Bankers Insurance Co. of Florida v. Jack Inman

Reverse Preemption of the Federal Arbitration Act by State Insurance Regulation: Insights from American Bankers Insurance Co. of Florida v. Jack Inman

Date: Jan 12, 2006
Reverse Preemption of the Federal Arbitration Act by State Insurance Regulation: Insights from American Bankers Insurance Co. of Florida v. Jack Inman Introduction The case of American Bankers...
Procedural Pathways for Reopening In Absentia Removal Orders: Insights from Onkar Singh v. Gonzales

Procedural Pathways for Reopening In Absentia Removal Orders: Insights from Onkar Singh v. Gonzales

Date: Jan 12, 2006
Procedural Pathways for Reopening In Absentia Removal Orders: Insights from Onkar Singh v. Gonzales Introduction The case of Onkar Singh v. Alberto R. Gonzales, adjudicated by the United States Court...
Establishing 'Regarded As' Disability Discrimination under TCHRA/ADA: Rodriguez v. ConAgra

Establishing 'Regarded As' Disability Discrimination under TCHRA/ADA: Rodriguez v. ConAgra

Date: Jan 11, 2006
Establishing 'Regarded As' Disability Discrimination under TCHRA/ADA: Rodriguez v. ConAgra Grocery Products Co. Introduction In Rodriguez v. ConAgra Grocery Products Co., the United States Court of...
Affirmation of Relevant Conduct Usage and Presumption of Reasonableness in Sentencing Post-Booker

Affirmation of Relevant Conduct Usage and Presumption of Reasonableness in Sentencing Post-Booker

Date: Jan 10, 2006
Affirmation of Relevant Conduct Usage and Presumption of Reasonableness in Sentencing Post-Booker Introduction United States of America v. Aurelio Alonzo, Jr., 435 F.3d 551 (5th Cir. 2006), is a...
Equitable Lien Doctrine Applied to Assigned Mortgages: U.S. Bank v. Safeguard Insurance Co.

Equitable Lien Doctrine Applied to Assigned Mortgages: U.S. Bank v. Safeguard Insurance Co.

Date: Jan 5, 2006
Equitable Lien Doctrine Applied to Assigned Mortgages: U.S. Bank v. Safeguard Insurance Co. Introduction The case of U.S. Bank National Association (Successor in Interest to State Street Bank Trust...
Denial of Certificate of Appealability in Pippin v. Dretke: A Comprehensive Commentary

Denial of Certificate of Appealability in Pippin v. Dretke: A Comprehensive Commentary

Date: Dec 29, 2005
Denial of Certificate of Appealability in Pippin v. Dretke: A Comprehensive Commentary Introduction Pippin v. Dretke is a pivotal case adjudicated by the United States Court of Appeals for the Fifth...
Booker Revisited: Impact of Sentencing Guideline Amendments on Conspiracy Charges

Booker Revisited: Impact of Sentencing Guideline Amendments on Conspiracy Charges

Date: Dec 24, 2005
Booker Revisited: Impact of Sentencing Guideline Amendments on Conspiracy Charges Introduction The appellate case of United States of America v. Jerry W. Freeman (434 F.3d 369) serves as a pivotal...
Mixed-Motive Framework Affirmed in FMLA Retaliation Case: Richardson v. Monitronics

Mixed-Motive Framework Affirmed in FMLA Retaliation Case: Richardson v. Monitronics

Date: Dec 22, 2005
Mixed-Motive Framework Affirmed in FMLA Retaliation Case: Richardson v. Monitronics Introduction The case of Pamela Richardson v. Monitronics International, Inc. (434 F.3d 327) adjudicated by the...
Imputed Fraud and Agency Relationships in Bankruptcy Discharge: Analysis of In re Quinlivan

Imputed Fraud and Agency Relationships in Bankruptcy Discharge: Analysis of In re Quinlivan

Date: Dec 21, 2005
Imputed Fraud and Agency Relationships in Bankruptcy Discharge: Analysis of In re Quinlivan Introduction The case In re Quinlivan (434 F.3d 314, 5th Cir. 2005) addresses the complexities surrounding...
Diversity Jurisdiction and Improper Joinder: Comprehensive Analysis of Guillory v. PPG Industries

Diversity Jurisdiction and Improper Joinder: Comprehensive Analysis of Guillory v. PPG Industries

Date: Dec 21, 2005
Diversity Jurisdiction and Improper Joinder: Comprehensive Analysis of Guillory v. PPG Industries Introduction The case of Louis Britt Guillory and Stanley Milton Gims v. PPG Industries, Inc. (434...
Reaffirming the "Severe or Pervasive" Standard in Sexual Harassment Claims: Harvill v. Westward Communications

Reaffirming the "Severe or Pervasive" Standard in Sexual Harassment Claims: Harvill v. Westward Communications

Date: Dec 14, 2005
Reaffirming the "Severe or Pervasive" Standard in Sexual Harassment Claims: Harvill v. Westward Communications Introduction In Molly Harvill v. Westward Communications, LLC, 433 F.3d 428 (5th Cir....
Non-Retroactive Application of Booker on Initial § 2255 Motions: Analysis of United States v. Gentry

Non-Retroactive Application of Booker on Initial § 2255 Motions: Analysis of United States v. Gentry

Date: Dec 9, 2005
Non-Retroactive Application of Booker on Initial § 2255 Motions: Analysis of United States v. Gentry Introduction United States v. Kenesha Gentry, 432 F.3d 600 (5th Cir. 2005), addresses a pivotal...
Establishing Statute of Limitations Parameters for Section 1983 Prosecution Claims: Price v. City of San Antonio

Establishing Statute of Limitations Parameters for Section 1983 Prosecution Claims: Price v. City of San Antonio

Date: Dec 6, 2005
Establishing Statute of Limitations Parameters for Section 1983 Prosecution Claims: Price v. City of San Antonio Introduction The case of Scott Price v. City of San Antonio, Texas; John Anthony...
Affirmation of AEDPA Standards in Habeas Corpus Denial: Summers v. Dretke

Affirmation of AEDPA Standards in Habeas Corpus Denial: Summers v. Dretke

Date: Dec 3, 2005
Affirmation of AEDPA Standards in Habeas Corpus Denial: Summers v. Dretke Introduction Gregory Lynn Summers, the petitioner-appellant, appeals the denial of his habeas corpus petition and application...
United States v. Patterson: Upholding §922(g)(3) and Clarifying 'Unlawful User' Standards

United States v. Patterson: Upholding §922(g)(3) and Clarifying 'Unlawful User' Standards

Date: Dec 2, 2005
United States v. Patterson: Upholding §922(g)(3) and Clarifying 'Unlawful User' Standards Introduction In the landmark case United States v. Patterson, the United States Court of Appeals for the...
Affirmation of Substantial Evidence Standard in Asylum Credibility Determinations: Yi Wu Zhang v. Gonzales

Affirmation of Substantial Evidence Standard in Asylum Credibility Determinations: Yi Wu Zhang v. Gonzales

Date: Dec 2, 2005
Affirmation of Substantial Evidence Standard in Asylum Credibility Determinations: Yi Wu Zhang v. Gonzales Introduction Yi Wu Zhang v. Alberto R. Gonzales, 432 F.3d 339 (5th Cir. 2005), is a pivotal...
Waiver of Sovereign Immunity in ADA and Rehabilitation Act Claims: Bennett-Nelson & Boykin v. Louisiana Board of Regents

Waiver of Sovereign Immunity in ADA and Rehabilitation Act Claims: Bennett-Nelson & Boykin v. Louisiana Board of Regents

Date: Nov 29, 2005
Waiver of Sovereign Immunity in ADA and Rehabilitation Act Claims: Bennett-Nelson & Boykin v. Louisiana Board of Regents Introduction The case of Bennett-Nelson & Boykin v. Louisiana Board of Regents...
Reversing ERISA-Estoppel: Fifth Circuit Dismisses Mello vs. Sara Lee Corporation

Reversing ERISA-Estoppel: Fifth Circuit Dismisses Mello vs. Sara Lee Corporation

Date: Nov 23, 2005
Reversing ERISA-Estoppel: Fifth Circuit Dismisses Mello vs. Sara Lee Corporation Introduction In the pivotal case of Frank C. Mello v. Sara Lee Corporation, the United States Court of Appeals for the...
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