5th Circuit Case Commentaries

Insurers' Right to Intervene in Liability Suits Under Rule 24(a)(2): Insights from Ross v. Allstate Texas Lloyds Insurance Co.

Date: Sep 22, 2005

Insurers' Right to Intervene in Liability Suits Under Rule 24(a)(2): Insights from Ross v. Allstate Texas Lloyds Insurance Co. Introduction The case of Dwayne Ross; Maria Ross, individually and as...

Redefining Habeas Corpus and Custody in Deportation Proceedings: Rosales v. ICE

Date: Sep 22, 2005

Redefining Habeas Corpus and Custody in Deportation Proceedings: Rosales v. ICE Introduction Rosales v. Bureau of Immigration and Customs Enforcement (ICE) is a pivotal case decided by the United...

Assignment of Benefits and Provider Standing under ERISA: Harris Methodist Fort Worth v. Sales Support Services Inc.

Date: Sep 21, 2005

Assignment of Benefits and Provider Standing under ERISA: Harris Methodist Fort Worth v. Sales Support Services Inc. Introduction In Harris Methodist Fort Worth, Plaintiff-Appellant, v. Sales Support...

Impact of Unconstitutional Parole Revocation on Supervised Release: United States v. Benjamin Duane Jackson

Date: Sep 21, 2005

Impact of Unconstitutional Parole Revocation on Supervised Release: United States v. Benjamin Duane Jackson Introduction United States of America v. Benjamin Duane Jackson is a pivotal case that...

Strengthening Confrontation and Due Process Rights: Kittelson v. Dretke

Date: Sep 21, 2005

Strengthening Confrontation and Due Process Rights: Kittelson v. Dretke Introduction Bruce Lee Kittelson v. Doug Dretke, Director, Department of Criminal Justice, Correctional Institutions Division,...

Defining "Claim" in Environmental Impairment Liability Insurance: Insights from International Insurance Co. v. RSR Corporation

Date: Sep 20, 2005

Defining "Claim" in Environmental Impairment Liability Insurance: Insights from International Insurance Co. v. RSR Corporation Introduction The case International Insurance Co., Plaintiff-Counter...

Comprehensive Commentary on Elam v. Barnhart: Upholding SSA Disability Denial and Judicial Review Standards

Date: Sep 10, 2005

Comprehensive Commentary on Elam v. Barnhart: Upholding SSA Disability Denial and Judicial Review Standards Introduction Elam v. Barnhart (386 F. Supp. 2d 746) is a significant case adjudicated by...

Establishing Liability for Distribution of Piracy-Enabling Devices under 47 USC §605(e)(4)

Date: Sep 7, 2005

Establishing Liability for Distribution of Piracy-Enabling Devices under 47 USC §605(e)(4) Introduction The case of DIRECTV, Inc. v. Jeff Budden, adjudicated by the United States Court of Appeals for...

Reaffirming De Novo Review Standards for Ineffective Assistance Claims under 28 U.S.C. § 2255

Date: Aug 25, 2005

Reaffirming De Novo Review Standards for Ineffective Assistance Claims under 28 U.S.C. § 2255 Introduction The case of United States of America v. Felipe Molina-Uribe, 429 F.3d 514 (5th Cir. 2005),...

Scope of Permission and Intoxication: Establishing Permissive User Status under Omnibus Insurance Clauses

Date: Aug 24, 2005

Scope of Permission and Intoxication: Establishing Permissive User Status under Omnibus Insurance Clauses Case: Darrell D. Minter, as Receiver, Plaintiff-Counter Defendant-Appellant vs. Great...

Procedural Default and Exhaustion of Remedies in Federal Habeas Corpus Petitions: Neville v. Dretke

Date: Aug 24, 2005

Procedural Default and Exhaustion of Remedies in Federal Habeas Corpus Petitions: Neville v. Dretke Introduction Robert James Neville v. Douglas Dretke is a pivotal case adjudicated by the United...

Separation Agreements and Tortious Interference: An Analysis of Cooper Tire Rubber Co. v. Farese

Date: Aug 24, 2005

Separation Agreements and Tortious Interference: An Analysis of Cooper Tire Rubber Co. v. Farese Introduction The case of Cooper Tire Rubber Co., Plaintiff-Appellant, v. John Booth Farese and...

Broad Enforcement of Arbitration Clauses in Related Agreements: Safer v. Nelson Financial Group

Date: Aug 19, 2005

Broad Enforcement of Arbitration Clauses in Related Agreements: Safer v. Nelson Financial Group Introduction The case of Joel J. Safer et al. v. Nelson Financial Group, Inc.; William J. Nelson...

Discretionary Function Exception in FTCA Claims: Insights from Bradley Guile v. United States

Date: Aug 18, 2005

Discretionary Function Exception in FTCA Claims: Insights from Bradley Guile v. United States Introduction The case of Bradley Guile, Individually and as representative of the Estate of Emiko Guile...

Limiting Warrant Procurement Liability: Fifth Circuit Grants Qualified Immunity in Michalik v. Hermann

Date: Aug 18, 2005

Limiting Warrant Procurement Liability: Fifth Circuit Grants Qualified Immunity in Michalik v. Hermann Introduction The case of Michael E. Michalik, Jr., Individually and on behalf of the minor...

Affirmation of Forfeiture and Sentencing in Drug Trafficking under 21 U.S.C. §§ 841 and 853: United States v. Betancourt

Date: Aug 18, 2005

Affirmation of Forfeiture and Sentencing in Drug Trafficking under 21 U.S.C. §§ 841 and 853: United States v. Betancourt Introduction In the case of United States of America v. Jose Luis Betancourt,...

Good-Faith Exception Upheld Despite Lost Affidavit in U.S. v. Gibbs

Date: Aug 17, 2005

Good-Faith Exception Upheld Despite Lost Affidavit in United States v. Gibbs Introduction In United States v. Timothy Brian Gibbs, 421 F.3d 352 (5th Cir. 2005), the United States Court of Appeals for...

5th Circuit Extends §605(e)(4) to Individual Users in DIRECTV v. Robson

Date: Aug 10, 2005

5th Circuit Extends §605(e)(4) to Individual Users in DIRECTV v. Robson Introduction In the landmark case DIRECTV, Inc. v. Marc Robson, the United States Court of Appeals for the Fifth Circuit...

Establishing Boundaries for Ineffective Assistance of Counsel in Sentencing: Ward v. Dretke

Date: Aug 10, 2005

Establishing Boundaries for Ineffective Assistance of Counsel in Sentencing: Ward v. Dretke Introduction Ward v. Dretke, 420 F.3d 479 (5th Cir. 2005), is a significant appellate case that delves into...

Fifth Circuit Establishes Triable Issue for Illegal Interception in DIRECTV v. Minor

Date: Aug 10, 2005

Fifth Circuit Establishes Triable Issue for Illegal Interception in DIRECTV, Inc. v. Minor Introduction In DIRECTV, Inc. v. Randall Minor, 420 F.3d 546 (5th Cir. 2005), the United States Court of...

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