5th Circuit Case Commentaries

Affirmation of Qualified Immunity in Traffic Stop Arrest Cases: Lockett v. New Orleans City

Date: May 6, 2010

Affirmation of Qualified Immunity in Traffic Stop Arrest Cases: Lockett v. New Orleans City Introduction Shawn M. Lockett and Melanie C. Lockett v. New Orleans City and Others is a pivotal appellate...

Limits of Supplemental Jurisdiction in Removal: Halmekangas v. ANPAC Louisiana Insurance Company

Date: Apr 10, 2010

Limits of Supplemental Jurisdiction in Removal: Halmekangas v. ANPAC Louisiana Insurance Company Introduction In the landmark case of Stephen J. Halmekangas, Plaintiff-Appellant, v. ANPAC Louisiana...

Determining Foreign Citizenship of Foreign Legal Entities: The Berik Stiftung Decision

Date: Apr 10, 2010

Determining Foreign Citizenship of Foreign Legal Entities: The Berik Stiftung Decision Introduction The case of Berik Stiftung, Plaintiff-Appellant, v. Plains Marketing, L.P.; Plains Marketing...

Establishing Reasonable Accommodation Standards for Religious Expression in Public Employment: Moore v. Metropolitan Human Service District

Date: Apr 8, 2010

Establishing Reasonable Accommodation Standards for Religious Expression in Public Employment: Moore v. Metropolitan Human Service District Introduction Beulah M. Moore v. Metropolitan Human Service...

Affirmation of ESA §7 Compliance in Granting Rail Construction Exemption: MCEAA v. Surface Transportation Board

Date: Apr 7, 2010

Affirmation of ESA §7 Compliance in Granting Rail Construction Exemption: MCEAA v. Surface Transportation Board 1. Introduction The case of Medina County Environmental Action Association (MCEAA) v....

Impact of Incorrect Advisory Sentencing Range in Supervised Release Revocation: Analysis of United States v. Davis

Date: Apr 3, 2010

Impact of Incorrect Advisory Sentencing Range in Supervised Release Revocation: Analysis of United States v. Davis Introduction United States of America v. Tony Eugene Davis, 602 F.3d 643 (5th Cir....

Discretionary Function Exception Upholds Sovereign Immunity in FTCA Prisoner Assault Claim

Date: Mar 30, 2010

Discretionary Function Exception Upholds Sovereign Immunity in FTCA Prisoner Assault Claim Introduction In the case of Anthony Morales v. United States of America; Bureau of Prisons, decided by the...

Stray Remarks Insufficient for Age Discrimination Claims: 5th Circuit Upholds Summary Judgment in Jackson v. Cal-Western

Date: Mar 27, 2010

Stray Remarks Insufficient for Age Discrimination Claims: 5th Circuit Upholds Summary Judgment in Jackson v. Cal-Western Introduction Jackson v. Cal-Western Packaging Corporation is a pivotal case...

Mitigating Vindictiveness in Sentencing: An Analysis of United States v. Rodriguez

Date: Mar 26, 2010

Mitigating Vindictiveness in Sentencing: An Analysis of United States v. Rodriguez Introduction United States of America v. David Rodriguez is a pivotal case adjudicated by the United States Court of...

Mixed-Motive Framework Affirmed in Title VII Retaliation Case: Smith v. Xerox Corporation

Date: Mar 25, 2010

Mixed-Motive Framework Affirmed in Title VII Retaliation Case: Smith v. Xerox Corporation Introduction In Kim Y. Smith v. Xerox Corporation, 602 F.3d 320 (5th Cir. 2010), the United States Court of...

Qualified Immunity Overruled in Cases of Deliberate Evidence Fabrication: An Analysis of Good v. Curtis

Date: Mar 24, 2010

Qualified Immunity Overruled in Cases of Deliberate Evidence Fabrication: An Analysis of Good v. Curtis Introduction Good v. Curtis (601 F.3d 393) is a significant appellate decision by the United...

Limits on Successive Habeas Appeals: Williams v. Thaler and the Denial of Certificate of Appealability under Rule 59(e) and Rule 60(b)

Date: Mar 24, 2010

Limits on Successive Habeas Appeals: Williams v. Thaler and the Denial of Certificate of Appealability under Rule 59(e) and Rule 60(b) Introduction Williams v. Thaler, 602 F.3d 291 (5th Cir. 2010),...

Affirmation of Effective Assistance of Counsel in Decision Not to Call Accomplice Witnesses Under Strickland Standards

Date: Mar 23, 2010

Affirmation of Effective Assistance of Counsel in Decision Not to Call Accomplice Witnesses Under Strickland Standards Introduction The case of Leroy Gregory, Jr. v. Rick Thaler involves significant...

Fifth Circuit Clarifies Limits on Mass Joinder and Misjoinder under FLSA: Acevedo v. Allsup's Convenience Stores

Date: Mar 16, 2010

Fifth Circuit Clarifies Limits on Mass Joinder and Misjoinder under FLSA: Acevedo v. Allsup's Convenience Stores Introduction In the landmark case of Christina Mullen Acevedo et al. v. Allsup's...

Affirmation of Texas' Lethal Injection Protocol Within Baze Safe Harbor

Date: Mar 16, 2010

Affirmation of Texas' Lethal Injection Protocol Within Baze Safe Harbor Introduction In the case of Charles D. Raby v. Brad Livingston, Executive Director, Texas Department of Criminal Justice, the...

Enforcement of Oral Employment Agreements under Texas Statute of Frauds: Sullivan v. Leor Energy

Date: Mar 16, 2010

Enforcement of Oral Employment Agreements under Texas Statute of Frauds: Sullivan v. Leor Energy Introduction In Sullivan v. Leor Energy, LLC; Leor Energy LP, 600 F.3d 542 (5th Cir. 2010), the United...

Confrontation Clause and Hearsay: JONES v. CAIN

Date: Mar 16, 2010

Confrontation Clause and Hearsay: JONES v. CAIN Introduction In Terrance Jones v. Burl Cain, the United States Court of Appeals for the Fifth Circuit addressed significant issues pertaining to the...

Abuse of Discretion in ERISA Disability Benefits Determination: Kel v. n Schexnayder

Date: Mar 13, 2010

Abuse of Discretion in ERISA Disability Benefits Determination: Kel v. n Schexnayder Introduction The case of Kelvin Schexnayder v. Hartford Life and Accident Insurance Company addresses critical...

Superseding Indictments and Third-Party Defrauding through Regulatory Misrepresentation: Analysis of United States v. McMillan and Scheur

Date: Mar 12, 2010

Superseding Indictments and Third-Party Defrauding through Regulatory Misrepresentation: Analysis of United States v. McMillan and Scheur Introduction United States v. McMillan and Scheur is a...

Affirmed Wire Fraud Convictions in Natural Gas Market Manipulation: Insights on Evidence Admissibility and Trial Fairness

Date: Mar 11, 2010

Affirmed Wire Fraud Convictions in Natural Gas Market Manipulation: Insights on Evidence Admissibility and Trial Fairness Introduction In the landmark case of United States of America v. Michelle M....