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  • Commentaries
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5th Circuit Case Commentaries

Affirmation of the Narrow Public Policy Exception in Employment Termination: Wheeler and Moore v. Grand Casino Tunica

Affirmation of the Narrow Public Policy Exception in Employment Termination: Wheeler and Moore v. Grand Casino Tunica

Date: Jun 30, 2005
Affirmation of the Narrow Public Policy Exception in Employment Termination: Wheeler and Moore v. Grand Casino Tunica Introduction In the case of Wheeler and Moore v. Grand Casino Tunica, decided by...
Preemption of State Law Claims in NFIP Flood Insurance Disputes: Wright v. Allstate

Preemption of State Law Claims in NFIP Flood Insurance Disputes: Wright v. Allstate

Date: Jun 29, 2005
Preemption of State Law Claims in NFIP Flood Insurance Disputes: Wright v. Allstate Introduction In Wright v. Allstate Insurance Company, heard by the United States Court of Appeals for the Fifth...
Upholding Plea Agreement Appeal Waivers: Definition of "Statutory Maximum" Affirmed Post-Booker in United States v. Bond

Upholding Plea Agreement Appeal Waivers: Definition of "Statutory Maximum" Affirmed Post-Booker in United States v. Bond

Date: Jun 22, 2005
Upholding Plea Agreement Appeal Waivers: Definition of "Statutory Maximum" Affirmed Post-Booker in United States v. Bond Introduction In the case of United States v. Casey Everett Bond, the United...
State Actor Liability in Civil Rights Claims: Analyzing Ballard v. Wall

State Actor Liability in Civil Rights Claims: Analyzing Ballard v. Wall

Date: Jun 18, 2005
State Actor Liability in Civil Rights Claims: Analyzing Ballard v. Wall, Fifth Circuit Introduction The legal landscape surrounding civil rights claims, particularly those under 42 U.S.C. § 1983,...
MORRIS v. DRETKE: Clarifying Exhaustion of State Remedies with Supplemental Evidence under Habeas Corpus

MORRIS v. DRETKE: Clarifying Exhaustion of State Remedies with Supplemental Evidence under Habeas Corpus

Date: Jun 17, 2005
MORRIS v. DRETKE: Clarifying Exhaustion of State Remedies with Supplemental Evidence under Habeas Corpus Introduction MORRIS v. DRETKE, 413 F.3d 484 (5th Cir. 2005), is a pivotal case addressing the...
Denial of Certificate of Appealability in Federal Habeas Corpus Application: Insights from Hughes v. Dretke (2005)

Denial of Certificate of Appealability in Federal Habeas Corpus Application: Insights from Hughes v. Dretke (2005)

Date: Jun 11, 2005
Denial of Certificate of Appealability in Federal Habeas Corpus Application: Insights from Hughes v. Dretke (2005) Introduction The case of Tommie Collins Hughes v. Douglas Dretke explores the...
Enhanced Scrutiny on Legal Counsel's Sentencing Guidance: United States v. Holguin Herrera Analysis

Enhanced Scrutiny on Legal Counsel's Sentencing Guidance: United States v. Holguin Herrera Analysis

Date: Jun 11, 2005
Enhanced Scrutiny on Legal Counsel's Sentencing Guidance: United States v. Holguin Herrera Analysis Introduction In the landmark case of United States v. Ismael Holguin Herrera, 412 F.3d 577 (5th...
Fifth Circuit Establishes Guidelines on Improper Joinder and Vaccine Act Jurisdiction in McDonal v. Abbott Laboratories

Fifth Circuit Establishes Guidelines on Improper Joinder and Vaccine Act Jurisdiction in McDonal v. Abbott Laboratories

Date: Jun 7, 2005
Fifth Circuit Establishes Guidelines on Improper Joinder and Vaccine Act Jurisdiction in McDonal v. Abbott Laboratories Introduction In the landmark case of Mable Annette Hughes McDonal et al. v....
Affirmation of Bankruptcy Discharge Despite Alleged Asset Concealment: Cadle Co. v. Pratt

Affirmation of Bankruptcy Discharge Despite Alleged Asset Concealment: Cadle Co. v. Pratt

Date: Jun 4, 2005
Affirmation of Bankruptcy Discharge Despite Alleged Asset Concealment: Cadle Co. v. Pratt Introduction The case of Cadle Company v. Jack E. Pratt, Jr. (411 F.3d 561) adjudicated by the United States...
First Amendment Retaliation Protections in Employment: Salge v. Edna Independent School District

First Amendment Retaliation Protections in Employment: Salge v. Edna Independent School District

Date: May 28, 2005
First Amendment Retaliation Protections in Employment: Salge v. Edna Independent School District Introduction In Salge v. Edna Independent School District (411 F.3d 178, 5th Cir. 2005), Charlene H....
Qualified Immunity in Unlawful Arrest and Excessive Force: Tarver v. City of Edna

Qualified Immunity in Unlawful Arrest and Excessive Force: Tarver v. City of Edna

Date: May 26, 2005
Qualified Immunity in Unlawful Arrest and Excessive Force: Tarver v. City of Edna Introduction Tarver v. City of Edna, et al. is a landmark case adjudicated by the United States Court of Appeals for...
Preemption under the Airline Deregulation Act in Privacy Litigation: In Re American Airlines, Inc. Privacy Litigation

Preemption under the Airline Deregulation Act in Privacy Litigation: In Re American Airlines, Inc. Privacy Litigation

Date: May 26, 2005
Preemption under the Airline Deregulation Act in Privacy Litigation: In Re American Airlines, Inc. Privacy Litigation Introduction The case In Re American Airlines, Inc., Privacy Litigation (370 F....
Sixth Amendment Requirements for Sentencing Enhancements: Analysis of United States v. Pineiro

Sixth Amendment Requirements for Sentencing Enhancements: Analysis of United States v. Pineiro

Date: May 21, 2005
Sixth Amendment Requirements for Sentencing Enhancements: Analysis of United States v. Pineiro Introduction The case of United States of America v. Francisco D. Pineiro, adjudicated in the United...
Fifth Circuit Clarifies Limitations on Sentencing Enhancements in Garza-Lopez v. United States

Fifth Circuit Clarifies Limitations on Sentencing Enhancements in Garza-Lopez v. United States

Date: May 20, 2005
Fifth Circuit Clarifies Limitations on Sentencing Enhancements in Garza-Lopez v. United States Introduction In the landmark case of United States v. Oscar Garza-Lopez, decided on May 19, 2005, the...
Waiver of State Sovereign Immunity Through Removal: Insights from Marjorie Meyers et al. v. State of Texas

Waiver of State Sovereign Immunity Through Removal: Insights from Marjorie Meyers et al. v. State of Texas

Date: May 20, 2005
Waiver of State Sovereign Immunity Through Removal: Insights from Marjorie Meyers et al. v. State of Texas Introduction The case of Marjorie Meyers et al. v. State of Texas, adjudicated by the United...
Fifth Circuit Sets High Bar for Rule 60(b) Relief in Voluntary Dismissals

Fifth Circuit Sets High Bar for Rule 60(b) Relief in Voluntary Dismissals

Date: May 19, 2005
Fifth Circuit Sets High Bar for Rule 60(b) Relief in Voluntary Dismissals Introduction In the case of In re Vanessa Faith Pettle, Debtor, the United States Court of Appeals for the Fifth Circuit...
Affirmation of Consent and Voluntariness in Felon Firearm Possession: Santiago v. United States

Affirmation of Consent and Voluntariness in Felon Firearm Possession: Santiago v. United States

Date: May 19, 2005
Affirmation of Consent and Voluntariness in Felon Firearm Possession: Santiago v. United States Introduction In Santiago v. United States, 410 F.3d 193 (5th Cir. 2005), the United States Court of...
Intentional Concealment in Jones Act Claims: Analysis of BROWN v. PARKER DRILLING OFFSHORE CORP.

Intentional Concealment in Jones Act Claims: Analysis of BROWN v. PARKER DRILLING OFFSHORE CORP.

Date: May 18, 2005
Intentional Concealment in Jones Act Claims: Analysis of BROWN v. PARKER DRILLING OFFSHORE CORP. Introduction The case of Rickey BROWN v. PARKER DRILLING OFFSHORE CORPoration, adjudicated by the...
Reinforcing Due Process Rights: COLEMAN v. DRETKE Establishes New Precedent on Sex Offender Conditions

Reinforcing Due Process Rights: COLEMAN v. DRETKE Establishes New Precedent on Sex Offender Conditions

Date: May 14, 2005
Reinforcing Due Process Rights: COLEMAN v. DRETKE Establishes New Precedent on Sex Offender Conditions Introduction In the landmark case of Tony Ray Coleman v. Doug Dretke, decided by the United...
Clarifying Ineffective Assistance of Counsel: United States v. Charles Harris (5th Cir. 2005)

Clarifying Ineffective Assistance of Counsel: United States v. Charles Harris (5th Cir. 2005)

Date: Apr 28, 2005
Clarifying Ineffective Assistance of Counsel: United States v. Charles Harris (5th Cir. 2005) Introduction United States v. Charles Harris is a pivotal case adjudicated by the United States Court of...
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