5th Circuit Case Commentaries

Comprehensive Commentary on United States v. Eleuterio Lopez-Moreno: Establishing Enhanced Standards for Evidence Admissibility in Immigration-Related Cases

Date: Aug 9, 2005

Establishing Enhanced Standards for Evidence Admissibility in Immigration-Related Cases: A Comprehensive Analysis of United States v. Eleuterio Lopez-Moreno Introduction United States v. Eleuterio...

Limits on Good-Faith Defense and Justifying Sentencing Departures in Tax Law: Comprehensive Analysis of United States v. Simkanin

Date: Aug 6, 2005

Limits on Good-Faith Defense and Justifying Sentencing Departures in Tax Law: Comprehensive Analysis of United States v. Simkanin Introduction In the landmark case of United States v. Richard Michael...

Threshold for Granting Certificate of Appealability under AEDPA in Death Penalty Cases: Analysis of Brown v. Dretke

Date: Jul 30, 2005

Threshold for Granting Certificate of Appealability under AEDPA in Death Penalty Cases: Analysis of Brown v. Dretke Introduction The case of Mauriceo Mashawn Brown v. Douglas Dretke represents a...

Fifth Circuit Upholds Louisiana’s Bar Admission Restriction for Nonimmigrant Aliens

Date: Jul 30, 2005

Fifth Circuit Upholds Louisiana’s Bar Admission Restriction for Nonimmigrant Aliens Introduction The case of LeClerc et al. v. Webb et al. and Wallace et al. v. Calogero et al. challenged the...

Violation of Due Process Rights in Fee Imposition: Woodard v. Andrus

Date: Jul 29, 2005

Violation of Due Process Rights in Fee Imposition: Woodard v. Andrus Introduction In Woodard v. Andrus, 419 F.3d 348 (5th Cir. 2005), the United States Court of Appeals for the Fifth Circuit...

Kathy Miller v. Doug Dretke: Establishing the Duty of Effective Counsel in Sentencing Proceedings

Date: Jul 29, 2005

Kathy Miller v. Doug Dretke: Establishing the Duty of Effective Counsel in Sentencing Proceedings 1. Introduction Kathy Yolande Miller v. Doug Dretke, Director, Texas Department of Criminal Justice...

Complete Preemption Under the ICCTA in Rail Transportation Disputes: PCI Transportation, Inc. v. Fort Worth Western Railroad Company

Date: Jul 27, 2005

Complete Preemption Under the ICCTA in Rail Transportation Disputes: PCI Transportation, Inc. v. Fort Worth Western Railroad Company Introduction PCI Transportation, Inc. v. Fort Worth Western...

Insurer's Duty to Defend Amid Conflicting Policy Provisions: Coleman v. Richland Parish School Board

Date: Jul 26, 2005

Insurer's Duty to Defend Amid Conflicting Policy Provisions: Coleman v. Richland Parish School Board Introduction Coleman v. Richland Parish School Board, 418 F.3d 511 (5th Cir. 2005), addresses the...

Disclosure Duties and Further Relief under 28 U.S.C. § 2202 in Corporate Fraud Litigation: Insights from United Teacher Associates Insurance Co. v. Union Labor Life Insurance Co.

Date: Jul 26, 2005

Disclosure Duties and Further Relief under 28 U.S.C. § 2202 in Corporate Fraud Litigation: Insights from United Teacher Associates Insurance Co. v. Union Labor Life Insurance Co. Introduction United...

Establishing Proximate Causation Standards in Maritime Allision Cases: Analysis of In re MID-SOUTH TOWING CO.

Date: Jul 26, 2005

Establishing Proximate Causation Standards in Maritime Allision Cases: Analysis of In re MID-SOUTH TOWING CO. Introduction The case of In re: In the Matter of: MID-SOUTH TOWING CO., et al. v. Exmar...

Limits on District Courts' Inherent Power to Exclude Government Witnesses: United States v. Colomb

Date: Jul 23, 2005

Limits on District Courts' Inherent Power to Exclude Government Witnesses: United States v. Colomb Introduction In the case of United States of America v. Mary Ann Colomb, Edward James Colomb, Sammy...

Standing Requirements in SCA Prevailing Wage Challenges: The Kitty Hawk Aircargo Case

Date: Jul 21, 2005

Standing Requirements in SCA Prevailing Wage Challenges: The Kitty Hawk Aircargo Case Introduction The case of Kitty Hawk Aircargo, Inc., Plaintiff-Appellee, v. Elaine Chao, Etc., Defendant delves...

Upward Departure in Sentencing for Habitual Fraud: An Analysis of United States v. Smith

Date: Jul 19, 2005

Upward Departure in Sentencing for Habitual Fraud: An Analysis of United States v. Smith Introduction The case of United States of America v. Mark Elliott Smith (417 F.3d 483) dealt with significant...

First Amendment Rights in Non-Public Fora: The Rosalina DE LA O & Maria Christina Rivera v. Housing Authority of El Paso Decision

Date: Jul 19, 2005

First Amendment Rights in Non-Public Fora: The Rosalina DE LA O & Maria Christina Rivera v. Housing Authority of El Paso Decision Introduction In the case of Rosalina DE LA O and Maria Christina...

Clarifying Dismissal Standards in FCA Qui Tam Actions: The Williams v. Bell Helicopter Decision

Date: Jul 14, 2005

Clarifying Dismissal Standards in FCA Qui Tam Actions: The Williams v. Bell Helicopter Decision Introduction In the landmark case United States ex rel. Douglas W. Williams v. Bell Helicopter Textron...

Reversal of Unlawful Termination Claim in Bryant v. Compass Group USA Inc.

Date: Jul 14, 2005

Reversal of Unlawful Termination Claim in Bryant v. Compass Group USA Inc. Introduction The case of Brandon L. Bryant v. Compass Group USA Inc. involves allegations of unlawful termination under...

Clarifying the Doctrine of Improper Joinder under Diversity Jurisdiction: Insights from Boone v. Citigroup

Date: Jul 8, 2005

Clarifying the Doctrine of Improper Joinder under Diversity Jurisdiction: Insights from Boone v. Citigroup Introduction In the landmark case of Patricia Boone et al. v. Citigroup, Inc. et al.,...

Affirmation of SSA Disability Denial in Perez v. Barnhart: Substantial Evidence and Residual Functional Capacity Determinations

Date: Jul 2, 2005

Affirmation of SSA Disability Denial in Perez v. Barnhart: Substantial Evidence and Residual Functional Capacity Determinations Introduction The case of Daniel Perez v. Jo Anne B. Barnhart,...

Fielding v. Hubert Burda Media: Affirming Due Process Limits on Personal Jurisdiction in Libel Cases

Date: Jul 1, 2005

Fielding v. Hubert Burda Media: Affirming Due Process Limits on Personal Jurisdiction in Libel Cases Introduction In Fielding v. Hubert Burda Media, appellants Shawne Fielding and Thomas Borer...

Negligent Misrepresentation and Reliance: Insights from General Electric Capital Corp. v. Posey et al.

Date: Jun 30, 2005

Negligent Misrepresentation and Reliance: Insights from General Electric Capital Corp. v. Posey et al. Introduction The case of General Electric Capital Corporation (GECC) v. H. Wayne Posey et al.,...

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