5th Circuit Case Commentaries

5th Circuit Affirms HECK v. HUMPHREY: Implications for §1983 Claims Arising from Prison Disciplinary Actions

Date: Jan 21, 2010

5th Circuit Affirms HECK v. HUMPHREY: Implications for §1983 Claims Arising from Prison Disciplinary Actions Introduction The case of Alex Jackson v. Darryl Mizzel et al. adjudicated by the United...

Affirmation of 'Repurchase or Substitute' Clauses as Exclusive Remedies in Mortgage-Backed Securities Transactions

Date: Jan 12, 2010

Affirmation of 'Repurchase or Substitute' Clauses as Exclusive Remedies in Mortgage-Backed Securities Transactions Introduction The case of LONE STAR FUND V (U.S.), L.P.; LSF5 Bond Holdings LLC...

Amending Complaints Under Rule 15(c) in §1983 Actions: SANDERS-BURNS v. CITY OF PLANO

Date: Jan 12, 2010

Amending Complaints Under Rule 15(c) in §1983 Actions: SANDERS-BURNS v. CITY OF PLANO Introduction SANDERS-BURNS v. CITY OF PLANO is a pivotal case that explores the nuances of amending legal...

FRANKS INVESTMENT CO. v. UNION PACIFIC Railroad: Preemption of State Possessory Actions under ICCTA

Date: Jan 7, 2010

FRANKS INVESTMENT CO. v. UNION PACIFIC Railroad: Preemption of State Possessory Actions under ICCTA Introduction In the landmark case Franks Investment Company LLC v. Union Pacific Railroad Co., the...

Harmless Error and Ineffective Assistance of Counsel Under Section 2254: Clifton Clark v. EPPS

Date: Jan 1, 2010

Harmless Error and Ineffective Assistance of Counsel Under Section 2254: Clifton Clark v. EPPS Introduction In the case of Clifton Clark v. Christopher B. EPPS, Commissioner, Mississippi Department...

Handling Time-Barred Amendments under 28 U.S.C. § 2255: A Comprehensive Analysis of United States v. Gonzalez Jr.

Date: Dec 30, 2009

Handling Time-Barred Amendments under 28 U.S.C. § 2255: A Comprehensive Analysis of United States v. Gonzalez Jr. Introduction The case of United States of America v. Raul Gonzalez Jr., reported at...

Clarifying Quid Pro Quo Standards: Fifth Circuit's Decision in Alaniz et al. v. Zamora-Quezada

Date: Dec 22, 2009

Clarifying Quid Pro Quo Standards: Fifth Circuit's Decision in Alaniz et al. v. Zamora-Quezada Introduction In the landmark case of Thelma Alaniz; Noelia Galvan-Santiago; Mary E. Tipton; Angelica...

Reaffirmation of Municipal Immunity: Town of Columbia Not Liable Under §1983 for Officer’s First Amendment Violations

Date: Dec 22, 2009

Reaffirmation of Municipal Immunity: Town of Columbia Not Liable Under §1983 for Officer’s First Amendment Violations Introduction The case of World Wide Street Preachers Fellowship; Kenneth Coleman,...

Shepherd v. Dallas County: Establishing Liability for Systemic Failure to Provide Adequate Medical Care in Pretrial Detention

Date: Dec 19, 2009

Shepherd v. Dallas County: Establishing Liability for Systemic Failure to Provide Adequate Medical Care in Pretrial Detention Introduction In Shepherd v. Dallas County, the United States Court of...

Marathon Financial Insurance Inc. v. Ford Motor Co.: Clarifying the Burden of Proof in Tortious Interference with Contract under Illinois Law

Date: Dec 19, 2009

Marathon Financial Insurance Inc. v. Ford Motor Co.: Clarifying the Burden of Proof in Tortious Interference with Contract under Illinois Law Introduction The case of Marathon Financial Insurance,...

Hoog-Watson v. Guadalupe County: Fifth Circuit Clarifies Civil Proceedings and Limits Prosecutorial Immunity in §1983 Claims

Date: Dec 17, 2009

Hoog-Watson v. Guadalupe County: Fifth Circuit Clarifies Civil Proceedings and Limits Prosecutorial Immunity in §1983 Claims Introduction In the case of Suzanne Hoog-Watson v. Guadalupe County,...

Clarifying Qualified Immunity in Child Protective Seizures: Wernecke v. Garcia

Date: Dec 16, 2009

Clarifying Qualified Immunity in Child Protective Seizures: Wernecke v. Garcia Introduction The case of Edward Wernecke, Indi v. Garcia; Michelle Wernecke, Indi (591 F.3d 386) adjudicated by the...

Redefining Federal Program Bribery: Emphasizing Nexus Under 18 U.S.C. § 666 in Whitfield v. USA

Date: Dec 12, 2009

Redefining Federal Program Bribery: Emphasizing Nexus Under 18 U.S.C. § 666 in Whitfield v. USA Introduction In the landmark case of United States of America v. John H. Whitfield, Paul S. Minor, and...

Fifth Circuit Establishes Substantial Evidence Standard in Disability Claims

Date: Dec 11, 2009

Fifth Circuit Establishes Substantial Evidence Standard in Disability Claims Introduction In Merita Williams v. Michael J. Astrue, Commissioner of Social Security, 355 F. App'x 828 (5th Cir. 2009),...

Cooley v. United States: Precedent on Sentence Modification Under 18 U.S.C. § 3582(c)(2)

Date: Dec 10, 2009

Cooley v. United States: Precedent on Sentence Modification Under 18 U.S.C. § 3582(c)(2) Introduction Cooley v. United States is a significant case adjudicated by the United States Court of Appeals...

Establishing the 'Focus-of-the-Contract' Test in Indemnity Disputes on the Outer Continental Shelf: Grand Isle Shipyard v. Seacor Marine

Date: Dec 9, 2009

Establishing the 'Focus-of-the-Contract' Test in Indemnity Disputes on the Outer Continental Shelf: Grand Isle Shipyard v. Seacor Marine Introduction In the landmark case of Grand Isle Shipyard,...

Deliberate Indifference in Pretrial Detainee Medical Care: Affirmation of Summary Judgment in Tamez v. Harlingen

Date: Dec 3, 2009

Deliberate Indifference in Pretrial Detainee Medical Care: Affirmation of Summary Judgment in Tamez v. Harlingen Introduction In the case of Heriberto Tamez, Individually and On behalf of the Estate...

Affirmation of Government-Contractor Immunity in Public Works Litigation: Fellosea Ackerson v. Bean Dredging LLC

Date: Nov 26, 2009

Affirmation of Government-Contractor Immunity in Public Works Litigation: Fellosea Ackerson v. Bean Dredging LLC Introduction In the landmark case Fellosea Ackerson, et al. v. Bean Dredging LLC,...

Affirmation of Wire Fraud and Money Laundering Convictions: Insights from United States v. Vernon Cooks, Jr.

Date: Nov 24, 2009

Affirmation of Wire Fraud and Money Laundering Convictions: Insights from United States v. Vernon Cooks, Jr. Introduction In the landmark case of United States of America v. Vernon Cooks, Jr., the...

Federal Question Jurisdiction Affirmed in Borden v. Allstate Insurance Company

Date: Nov 21, 2009

Federal Question Jurisdiction Affirmed in Borden v. Allstate Insurance Company 1. Introduction Earl Borden v. Allstate Insurance Company, 589 F.3d 168 (5th Cir. 2009), is a significant appellate...