5th Circuit Case Commentaries

Mandatory Rebuttal of All Employer's Nondiscriminatory Reasons in Title VII Cases: Jackson v. Watkins

Date: Sep 14, 2010

Mandatory Rebuttal of All Employer's Nondiscriminatory Reasons in Title VII Cases: Jackson v. Watkins Introduction In the landmark case of Rick Jackson v. Craig Watkins, heard by the United States...

Establishing the Boundaries of Procedural Defaults in Federal Habeas Corpus: Insights from Rocha v. Thaler

Date: Sep 10, 2010

Establishing the Boundaries of Procedural Defaults in Federal Habeas Corpus: Insights from Rocha v. Thaler Introduction Rocha v. Thaler is a pivotal case adjudicated by the United States Court of...

Redistricting and Population Determination: Insights from López & Young v. City of Houston

Date: Aug 27, 2010

Redistricting and Population Determination: Insights from López & Young v. City of Houston Introduction In the landmark case of Lillie Ann López and Jana Young v. City of Houston, the plaintiffs,...

Affirmation of Limits on Personal Jurisdiction Over Foreign Manufacturers in Product Liability Cases

Date: Aug 24, 2010

Affirmation of Limits on Personal Jurisdiction Over Foreign Manufacturers in Product Liability Cases Introduction The legal landscape surrounding personal jurisdiction has significant implications...

Successive Federal Habeas Corpus Petitions under AEDPA Post-Atkins: The Mathis Precedent

Date: Aug 21, 2010

Successive Federal Habeas Corpus Petitions under AEDPA Post-Atkins: The Mathis Precedent Introduction In the landmark case of Milton Wuzael Mathis v. Rick Thaler, 616 F.3d 461 (5th Cir. 2010), the...

Leegin v. PSKS: Rule of Reason Applied to Vertical Resale Price Maintenance

Date: Aug 18, 2010

Leegin v. PSKS: Rule of Reason Applied to Vertical Resale Price Maintenance Introduction Leegin Creative Leather Products, Inc. v. PSKS, Inc., 615 F.3d 412 (5th Cir. 2010), is a pivotal case in...

Defining "Proceeds" in Money Laundering: Garland v. Roy Establishes Key Precedents

Date: Aug 14, 2010

Defining "Proceeds" in Money Laundering: Garland v. Roy Establishes Key Precedents Introduction In the landmark case of Gene Irving Garland, Jr. v. Warden Keith Roy, the United States Court of...

Personal Jurisdiction in Defamation: Clemens v. McNamee Precedent

Date: Aug 13, 2010

Personal Jurisdiction in Defamation: Clemens v. McNamee Precedent Introduction The case of William Roger Clemens v. Brian McNamee, adjudicated by the United States Court of Appeals for the Fifth...

Choice Healthcare v. Kaiser Foundation Health Plan: Limited Insurance Payments Do Not Establish Personal Jurisdiction

Date: Aug 12, 2010

Choice Healthcare v. Kaiser Foundation Health Plan: Limited Insurance Payments Do Not Establish Personal Jurisdiction Introduction In Choice Healthcare, Inc.; Touro Infirmary, as Principal of Choice...

Allocation of Burdens in Insurance Claims: Bayle v. Allstate Insurance Company

Date: Aug 12, 2010

Allocation of Burdens in Insurance Claims: Bayle v. Allstate Insurance Company Introduction Bayle v. Allstate Insurance Company is a significant appellate decision from the United States Court of...

Valuation of Conservation Easements Affecting Contiguous Properties: Whitehouse Hotel v. Commissioner of Internal Revenue

Date: Aug 11, 2010

Valuation of Conservation Easements Affecting Contiguous Properties: Whitehouse Hotel v. Commissioner of Internal Revenue Introduction In the case of Whitehouse Hotel Limited Partnership; QHR...

Zarnow v. City of Wichita Falls: Refining Monell Standards for Municipal Liability

Date: Aug 10, 2010

Zarnow v. City of Wichita Falls: Refining Monell Standards for Municipal Liability Introduction Zarnow v. City of Wichita Falls is a pivotal case decided by the United States Court of Appeals for the...

Affirmation of Dismissal under 42 U.S.C. §1985(2): Limits on Conspiracy Claims in Civil Rights Litigation

Date: Aug 10, 2010

Affirmation of Dismissal under 42 U.S.C. §1985(2): Limits on Conspiracy Claims in Civil Rights Litigation Introduction In the case of Alfred Montoya v. FedEx Ground Package System, Inc., the United...

Waiver of Arbitration Rights Through Substantial Judicial Invocation: Insights from MC Asset Recovery LLC v. Castex Energy, Inc.

Date: Aug 3, 2010

Waiver of Arbitration Rights Through Substantial Judicial Invocation: Insights from MC Asset Recovery LLC v. Castex Energy, Inc. Introduction The case of MC Asset Recovery LLC (MCAR) v. Castex...

Discretionary Function Exception Affirmed: Spotts v. United States and Its Implications on FTCA Claims

Date: Jul 31, 2010

Discretionary Function Exception Affirmed: Spotts v. United States and Its Implications on FTCA Claims Introduction In the landmark case Spotts v. United States, 613 F.3d 559 (5th Cir. 2010), a group...

Affirmation of Summary Judgment in Valle v. City of Houston: Narrow Scope of Municipal Liability under 42 U.S.C. § 1983

Date: Jul 31, 2010

Affirmation of Summary Judgment in Valle v. City of Houston: Narrow Scope of Municipal Liability under 42 U.S.C. § 1983 Introduction In the case of Jose Valle, Indi v. City of Houston, the United...

Affirmation of "Other Insurance" Clause and One Satisfaction Rule in Environmental Liability Claims

Date: Jul 27, 2010

Affirmation of "Other Insurance" Clause and One Satisfaction Rule in Environmental Liability Claims Introduction The case of RSR Corporation, Quemetco, Inc., Quemetco Metals Limited, Inc. f/k/a Murph...

Affirming State Regulatory Authority: Fifth Circuit Upholds Texas Three-Tier Alcohol Distribution System in Wine Country v. Rages More

Date: Jul 23, 2010

Affirming State Regulatory Authority: Fifth Circuit Upholds Texas Three-Tier Alcohol Distribution System in Wine Country v. Rages More Introduction Wine Country Gift Baskets.com; KL Wine Merchants;...

Fourth Amendment Standing and Reasonable Suspicion in Passenger Traffic Stops: An In-depth Commentary on United States v. Ke (612 F.3d 341)

Date: Jul 16, 2010

Fourth Amendment Standing and Reasonable Suspicion in Passenger Traffic Stops: An In-depth Commentary on United States v. Ke (612 F.3d 341) Introduction United States v. Ke (612 F.3d 341) stands as a...

Fifth Circuit Rules Contractual Subrogation Available Despite Full Indemnification in Amerisure v. Navigators

Date: Jul 14, 2010

Fifth Circuit Rules Contractual Subrogation Available Despite Full Indemnification in Amerisure Insurance Co. v. Navigators Insurance Co. Introduction The case of Amerisure Insurance Co.,...