5th Circuit Case Commentaries

Affirmation of Extraterritorial Application of 8 U.S.C. §1324(a)(2)(B)(ii) in Alien Smuggling Conspiracy

Date: Apr 28, 2005

Affirmation of Extraterritorial Application of 8 U.S.C. §1324(a)(2)(B)(ii) in Alien Smuggling Conspiracy Introduction The case of United States of America v. Cesar Augusto Villanueva et al. revolves...

New Century Financial Corp. v. England: Establishing the Bounds of Collective Action under the FLSA

Date: Apr 27, 2005

New Century Financial Corp. v. England: Establishing the Bounds of Collective Action under the FLSA Introduction In Kimberly A. England, et al v. New Century Financial Corporation, et al.,...

Proper Application of Vulnerable Victim Adjustments in Sentencing: Insights from UNITED STATES v. Daniel Angeles-Mendoza et al.

Date: Apr 27, 2005

Proper Application of Vulnerable Victim Adjustments in Sentencing: Insights from UNITED STATES v. Daniel Angeles-Mendoza et al. Introduction The case of United States of America v. Daniel...

Strengthening Securities Fraud Litigation: Insights from Plotkin v. IPaxess

Date: Apr 22, 2005

Strengthening Securities Fraud Litigation: Insights from Plotkin v. IPaxess Introduction The case of Plotkin v. IPaxess addressed critical issues in securities fraud litigation, particularly focusing...

Appeal Waiver in Federal Sentencing: United States v. McKinney Analysis

Date: Apr 16, 2005

Appeal Waiver in Federal Sentencing: United States v. McKinney Analysis Introduction In the case United States v. McKinney, 406 F.3d 744 (5th Cir. 2005), the defendant, Aundre McKinney, challenged...

Affirmation of Mail and Healthcare Fraud Convictions with Resentencing for Okoro under Booker Decision

Date: Apr 15, 2005

Affirmation of Mail and Healthcare Fraud Convictions with Resentencing for Okoro under Booker Decision Introduction The case of UNITED STATES of America v. Ernest Nda Akpan and Chijioke Victor Okoro,...

Affirmation of Summary Judgment in National Origin Discrimination Case: Keelan v. Majesco Software

Date: Apr 13, 2005

Affirmation of Summary Judgment in National Origin Discrimination Case: Keelan v. Majesco Software Introduction The case of Keelan and Sullivan v. Majesco Software, Inc. addresses allegations of...

Boundaries of Supervisory Liability and Qualified Immunity under Section 1983: Insights from ESTATE OF Troy DAVIS v. s, Indi

Date: Apr 12, 2005

Boundaries of Supervisory Liability and Qualified Immunity under Section 1983: Insights from ESTATE OF Troy DAVIS v. s, Indi Introduction In the landmark case ESTATE OF Troy DAVIS, By and through its...

Dischargeability of Personal Guarantees in Bankruptcy: Insights from Acosta v. GE Capital

Date: Apr 9, 2005

Dischargeability of Personal Guarantees in Bankruptcy: Insights from Acosta v. GE Capital Introduction The case In the Matter of Guilford Joseph Acosta, Debtor versus General Electric Capital...

Admissibility of Co-Conspirator's Civil Deposition under Confrontation Clause: Insights from United States v. Holmes, III

Date: Apr 7, 2005

Disclaimer: This commentary is intended for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on legal issues. Admissibility of...

Affirmation of Felon Firearm Possession Under 18 U.S.C. §922(g)(1): A Comprehensive Analysis of United States v. Guidry

Date: Apr 7, 2005

Affirmation of Felon Firearm Possession Under 18 U.S.C. §922(g)(1): A Comprehensive Analysis of United States v. Guidry Introduction United States of America v. Donald Paul Guidry (406 F.3d 314) is a...

Inclusion of Appeals Council Evidence in Final Decisions: Higginbotham v. Barnhart

Date: Apr 1, 2005

Inclusion of Appeals Council Evidence in Final Decisions: Higginbotham v. Barnhart Introduction Higginbotham v. Barnhart is a pivotal case decided by the United States Court of Appeals for the Fifth...

Enhancement of Sentencing for Sexual Abuse of a Minor: United States v. Izaguirre-Flores

Date: Apr 1, 2005

Enhancement of Sentencing for Sexual Abuse of a Minor: United States v. Izaguirre-Flores 1. Introduction The case of United States of America v. Juan Raul Izaguirre-Flores revolves around the...

Qualified and Official Immunity in Juvenile Confession Cases: Murray v. Earle et al.

Date: Apr 1, 2005

Qualified and Official Immunity in Juvenile Confession Cases: Murray v. Earle et al. Introduction The case of LaCresha Murray, et al. v. Ronnie Earle, et al. presents a significant examination of...

Metro's Reinstatement Agreement Requirement Does Not Constitute Title VII Discrimination: Fifth Circuit Decision

Date: Mar 29, 2005

Metro's Reinstatement Agreement Requirement Does Not Constitute Title VII Discrimination: Fifth Circuit Decision Introduction In the case of Antonio Abarca v. Metropolitan Transit Authority (Metro),...

Enforcement of International Arbitration Clauses in Employment Contracts: Lim v. Offshore Specialty Fabricators, Inc.

Date: Mar 25, 2005

Enforcement of International Arbitration Clauses in Employment Contracts: Lim v. Offshore Specialty Fabricators, Inc. Introduction In Lim v. Offshore Specialty Fabricators, Inc., the United States...

Fifth Circuit Upholds PLRA Bar on Mental and Emotional Injuries in First Amendment Prison Claims: Geiger v. Jowers

Date: Mar 22, 2005

Fifth Circuit Upholds PLRA Bar on Mental and Emotional Injuries in First Amendment Prison Claims: Geiger v. Jowers Introduction In the landmark case of Michael Eugene Geiger v. Nancy Jowers et al.,...

Conflict of Interest in Criminal Defense: The Infante Case Analysis

Date: Mar 22, 2005

Conflict of Interest in Criminal Defense: The Infante Case Analysis Introduction The case United States of America v. Ricardo M. Infante, 404 F.3d 376 (5th Cir. 2005), serves as a significant...

Affirmation of the Collective Knowledge Doctrine in Plain View Seizure

Date: Mar 19, 2005

Affirmation of the Collective Knowledge Doctrine in Plain View Seizure Introduction The case of United States of America v. Robert Nathaniel Waldrop (404 F.3d 365) presents a pivotal examination of...

United States v. Villegas: Limiting the Application of §2K2.1(b)(5) for Firearm Possession in Connection with Prior Felonies

Date: Mar 18, 2005

United States v. Villegas: Limiting the Application of §2K2.1(b)(5) for Firearm Possession in Connection with Prior Felonies Introduction United States v. Fortino Saucedo Villegas, 404 F.3d 355 (5th...

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