5th Circuit Case Commentaries

Exhaustion of Administrative Procedures Required Before Involuntary Medication: U.S. v. White

Date: Nov 22, 2005

Exhaustion of Administrative Procedures Required Before Involuntary Medication: United States v. Dedrick Reginald White Introduction In the landmark case United States v. Dedrick Reginald White,...

Enforcement of Statute of Frauds and Summary Judgment Affirmed in Harrell Equipment Co. v. SunTrust Bank

Date: Nov 11, 2005

Enforcement of Statute of Frauds and Summary Judgment Affirmed in Harrell Equipment Co. v. SunTrust Bank Introduction In Harrell Equipment Company, Inc. v. SunTrust Bank of Georgia, et al., 431 F.3d...

Reinforcing the Burden-Shifting Framework in Age Discrimination Cases: American Airlines v. Baker

Date: Nov 10, 2005

Reinforcing the Burden-Shifting Framework in Age Discrimination Cases: American Airlines v. Baker Introduction The case of Christine A. Baker v. American Airlines, Inc. (430 F.3d 750) adjudicates key...

Fifth Circuit Affirms: Fair Housing Act §3604(a) Does Not Cover Discrimination Affecting Property Values

Date: Nov 10, 2005

Fifth Circuit Affirms: Fair Housing Act §3604(a) Does Not Cover Discrimination Affecting Property Values Introduction In the case of Harold Cox; Shirley Davidson; Robert Stubblefield; Cynthia...

Supervisory Liability and Qualified Immunity Under §1983: Insights from Selden ATTEBERRY v. NOCONA GENERAL HOSPITAL

Date: Nov 4, 2005

Supervisory Liability and Qualified Immunity Under §1983: Insights from Selden ATTEBERRY v. NOCONA GENERAL HOSPITAL Introduction The case of Selden Atteberry, Indi v. Nocona General Hospital (430...

Condrey v. SunTrust: Enforcing Integration Clauses and Limiting Parol Evidence in Licensing Disputes

Date: Nov 2, 2005

Condrey v. SunTrust: Enforcing Integration Clauses and Limiting Parol Evidence in Licensing Disputes Introduction In Condrey v. SunTrust Bank of Georgia, the United States Court of Appeals for the...

Finality of Deferred Adjudication and Straight Probation in AEDPA's Statute of Limitations: Caldwell v. Dretke

Date: Oct 27, 2005

Finality of Deferred Adjudication and Straight Probation in AEDPA's Statute of Limitations: Caldwell v. Dretke Introduction In the landmark case of Robert F. Caldwell, Petitioner-Appellant, v. Doug...

Permissible Joinder of Unrelated Criminal Counts and Use of Institutional Policies in Fraud Cases: United States v. Butler

Date: Oct 26, 2005

Permissible Joinder of Unrelated Criminal Counts and Use of Institutional Policies in Fraud Cases: United States v. Butler Introduction United States v. Thomas Campbell Butler, MD is a significant...

Affirmation of Class Certification in Feder v. EDS: Enhancing Class Action Standards

Date: Oct 25, 2005

Affirmation of Class Certification in Feder v. EDS: Enhancing Class Action Standards Introduction In Michael Feder, et al., Plaintiffs, v. Electronic Data Systems Corporation; James E. Daley,...

No Jury Trial Required for Supervised Release Revocation: United States v. Hinson

Date: Oct 22, 2005

No Jury Trial Required for Supervised Release Revocation: United States v. Hinson Introduction United States v. Pepper Sue Hinson is a seminal case decided by the United States Court of Appeals for...

Secondary Meaning and Res Judicata in Trademark Infringement: Analysis of Testmasters Educational Services, Inc. v. Singh

Date: Oct 19, 2005

Secondary Meaning and Res Judicata in Trademark Infringement: Analysis of Testmasters Educational Services, Inc.; Vivek Israni v. Robin Singh Introduction The case of Testmasters Educational...

Reaffirming ADA Protections: Interactive Process and Disability Status – Cutrera v. LSU Board

Date: Oct 19, 2005

Reaffirming ADA Protections: Interactive Process and Disability Status – Cutrera v. LSU Board Introduction The case of Barbara Cutrera v. Board of Supervisors of Louisiana State University addresses...

Bankruptcy Stay Protections Extended to Arguable Property in Chesnut v. Templeton Mortgage Corp.

Date: Oct 18, 2005

Bankruptcy Stay Protections Extended to Arguable Property in Chesnut v. Templeton Mortgage Corp. Introduction Chesnut v. Templeton Mortgage Corp. (422 F.3d 298) is a significant appellate decision by...

Denial of CoA on Lesser Included Offense and Procedural Defaults in Aguilar v. Dretke

Date: Oct 13, 2005

Denial of CoA on Lesser Included Offense and Procedural Defaults in Aguilar v. Dretke Introduction Aguilar v. Dretke is a significant appellate case adjudicated by the United States Court of Appeals...

Affirmation of Reduced Attorneys' Fees in Chapter 13 Bankruptcy: Walker Patterson, P.C. v. Cahill

Date: Oct 13, 2005

Affirmation of Reduced Attorneys' Fees in Chapter 13 Bankruptcy: Walker Patterson, P.C. v. Cahill Introduction In the appellate case Walker Patterson, P.C., Appellant v. In the Matter of Bobby...

Direct Evidence of Racial Discrimination in Employment Decisions: Jones v. Robinson Property Group

Date: Oct 12, 2005

Direct Evidence of Racial Discrimination in Employment Decisions: Jones v. Robinson Property Group Introduction Jones v. Robinson Property Group, L.P., d/b/a Horseshoe Casino Hotel is a pivotal case...

Application of Federal Evidence Rules: Best Evidence Rule and Authentication Standards in Assignment Agreements - Railroad Management Co. v. CFS Louisiana Midstream Co.

Date: Oct 8, 2005

Application of Federal Evidence Rules: Best Evidence Rule and Authentication Standards in Assignment Agreements Introduction Railroad Management Company, L.L.C.; et al., Plaintiffs-Appellants v. CFS...

Timely Removal of Corporate Defendants in Federal Court: Insights from City of Clarksdale v. BellSouth Telecommunications

Date: Oct 6, 2005

Timely Removal of Corporate Defendants in Federal Court: Insights from City of Clarksdale v. BellSouth Telecommunications Introduction City of Clarksdale, Acting by and through the Clarksdale Public...

Clarifying "Corruptly" under 26 U.S.C. § 7212: Saldana v. United States

Date: Oct 1, 2005

Clarifying "Corruptly" under 26 U.S.C. § 7212: Saldana v. United States Introduction United States of America v. Samuel Saldana, Jr. and Saul Saldana (427 F.3d 298) is a pivotal case adjudicated by...

Affirmed Obscenity Convictions in Ragsdales Case

Date: Sep 28, 2005

Affirmed Obscenity Convictions in Ragsdales Case Introduction The case of United States v. Garry Layne Ragsdale; Tamara Michelle Ragsdale (426 F.3d 765, 5th Cir. 2005) marks a significant judicial...

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