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  • Commentaries
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5th Circuit Case Commentaries

Integrated Approach for ADEA Claims Established in Machinchick v. PB Power, Inc.

Integrated Approach for ADEA Claims Established in Machinchick v. PB Power, Inc.

Date: Jan 25, 2005
Integrated Approach for ADEA Claims Established in Machinchick v. PB Power, Inc. Introduction In the case of Fred Machinchick v. PB Power, Inc. (398 F.3d 345, 5th Cir. 2005), the United States Court...
Assessment of Relation Back Doctrine in Racial Discrimination Claims: Johnson v. Crown Enterprises, Inc.

Assessment of Relation Back Doctrine in Racial Discrimination Claims: Johnson v. Crown Enterprises, Inc.

Date: Jan 22, 2005
Assessment of Relation Back Doctrine in Racial Discrimination Claims: Johnson v. Crown Enterprises, Inc. Introduction In the case of Johnny L. Johnson v. Crown Enterprises, Inc.; Dixie Harvesting...
Qualified Immunity and Supervisory Liability: Insights from Roberts v. City of Shreveport

Qualified Immunity and Supervisory Liability: Insights from Roberts v. City of Shreveport

Date: Jan 14, 2005
Qualified Immunity and Supervisory Liability: Insights from Roberts v. City of Shreveport Introduction The case of Joyce C. Roberts, et al. v. City of Shreveport (397 F.3d 287) adjudicated by the...
Liberty Life Assurance Co. v. Ellis: ERISA Preemption and Fiduciary Discretion

Liberty Life Assurance Co. v. Ellis: ERISA Preemption and Fiduciary Discretion

Date: Jan 14, 2005
Liberty Life Assurance Co. v. Ellis: ERISA Preemption and Fiduciary Discretion Introduction The case of Linda Ellis v. Liberty Life Assurance Company of Boston represents a significant judicial...
Collateral Estoppel in Bankruptcy Discharge Proceedings: Keaty v. Raspanti

Collateral Estoppel in Bankruptcy Discharge Proceedings: Keaty v. Raspanti

Date: Jan 13, 2005
Collateral Estoppel in Bankruptcy Discharge Proceedings: Keaty v. Raspanti Introduction The case of Roy A. Raspanti v. Robert Burke Keaty, Sr. (397 F.3d 264) addresses the application of collateral...
Impact of Joint Trials on Defendant Prejudice: Insights from Tarango v. United States

Impact of Joint Trials on Defendant Prejudice: Insights from Tarango v. United States

Date: Jan 8, 2005
Impact of Joint Trials on Defendant Prejudice: Insights from Tarango v. United States Introduction The case of United States of America v. Loretta Tarango addresses critical issues concerning the...
Federal Railroad Safety Act Preempts State Tort Claims: Insights from Hesling v. CSX Transportation

Federal Railroad Safety Act Preempts State Tort Claims: Insights from Hesling v. CSX Transportation

Date: Jan 6, 2005
Federal Railroad Safety Act Preempts State Tort Claims: Insights from Hesling v. CSX Transportation Introduction The case of Monica Bauer Hesling v. CSX Transportation, Inc., adjudicated in the...
Contract Dissolution and Third-Party Beneficiary Rights under the Louisiana Private Works Act

Contract Dissolution and Third-Party Beneficiary Rights under the Louisiana Private Works Act

Date: Dec 31, 2004
Contract Dissolution and Third-Party Beneficiary Rights under the Louisiana Private Works Act Introduction The case of Shaw Constructors, Inc. v. PCS Nitrogen Fertilizer, L.P. revolves around the...
Fifth Circuit Upholds Summary Judgment in Title VII Sexual Harassment and Retaliation Case

Fifth Circuit Upholds Summary Judgment in Title VII Sexual Harassment and Retaliation Case

Date: Dec 23, 2004
Fifth Circuit Upholds Summary Judgment in Title VII Sexual Harassment and Retaliation Case Introduction The case of Ladonna Hockman v. Westward Communications, LLC adjudicated by the United States...
Due Process Protections for Parole Conditions Imposing Sex Offender Status Without Conviction: Coleman v. Dretke

Due Process Protections for Parole Conditions Imposing Sex Offender Status Without Conviction: Coleman v. Dretke

Date: Dec 22, 2004
Due Process Protections for Parole Conditions Imposing Sex Offender Status Without Conviction: Coleman v. Dretke Introduction Tony Ray Coleman v. Doug Dretke, Director, Texas Department of Criminal...
Enhanced Standards for "Similarly Situated" Employees in Disparate Treatment Claims: Insights from Ja v. PEREZ

Enhanced Standards for "Similarly Situated" Employees in Disparate Treatment Claims: Insights from Ja v. PEREZ

Date: Dec 22, 2004
Enhanced Standards for "Similarly Situated" Employees in Disparate Treatment Claims: Insights from Ja v. PEREZ Introduction The case of Ja v. PEREZ, decided by the United States Court of Appeals for...
Contingent Fee Contract Interpretation under Texas Law: Analysis of Gonzalez v. Denning

Contingent Fee Contract Interpretation under Texas Law: Analysis of Gonzalez v. Denning

Date: Dec 21, 2004
Contingent Fee Contract Interpretation under Texas Law: Analysis of Gonzalez v. Denning Introduction The case of Oscar C. Gonzalez v. Leon Denning, Sharon Denning, and John J. Muldoon III (394 F.3d...
Standing Requirements in Bankruptcy Litigation and Modification of Legal Fees under 11 U.S.C. §328(a)

Standing Requirements in Bankruptcy Litigation and Modification of Legal Fees under 11 U.S.C. §328(a)

Date: Dec 21, 2004
Standing Requirements in Bankruptcy Litigation and Modification of Legal Fees under 11 U.S.C. §328(a) Introduction The case of In the Matter of COHO ENERGY INC., Debtor. Gibbs Bruns LLP vs. Coho...
Collateral Estoppel Inapplicable for §523(a)(4) Non-Dischargeable Debts When State Fiduciary Findings Are Insufficient – Gupta v. Eastern Idaho

Collateral Estoppel Inapplicable for §523(a)(4) Non-Dischargeable Debts When State Fiduciary Findings Are Insufficient – Gupta v. Eastern Idaho

Date: Dec 18, 2004
Collateral Estoppel Inapplicable for §523(a)(4) Non-Dischargeable Debts When State Fiduciary Findings Are Insufficient – Gupta v. Eastern Idaho Introduction In the landmark case of Shailesh Gupta v....
Affirmation of Jurisdiction and Independent Creation in Copyright Infringement: Positive Black Talk Inc. v. Cash Money Records Inc.

Affirmation of Jurisdiction and Independent Creation in Copyright Infringement: Positive Black Talk Inc. v. Cash Money Records Inc.

Date: Dec 18, 2004
Affirmation of Jurisdiction and Independent Creation in Copyright Infringement: Positive Black Talk Inc. v. Cash Money Records Inc. Introduction The case of Positive Black Talk Inc., doing business...
Affirming the Necessity of Reliable Expert Testimony in MPLA Design Defect Claims: Guy v. Crown Equipment Corporation

Affirming the Necessity of Reliable Expert Testimony in MPLA Design Defect Claims: Guy v. Crown Equipment Corporation

Date: Dec 16, 2004
Affirming the Necessity of Reliable Expert Testimony in MPLA Design Defect Claims: Guy v. Crown Equipment Corporation Introduction The case of Michelle Guy v. Crown Equipment Corporation, adjudicated...
INS Fails to Provide Specific Legitimate Reasons in ADEA Claims: Clara Patrick v. Tom Ridge

INS Fails to Provide Specific Legitimate Reasons in ADEA Claims: Clara Patrick v. Tom Ridge

Date: Dec 16, 2004
INS Fails to Provide Specific Legitimate Reasons in ADEA Claims: Clara Patrick v. Tom Ridge 1. Introduction In Clara Patrick v. Tom Ridge, Secretary, Department of Homeland Security, 394 F.3d 311...
Affirming Racial Discrimination in Warranty Service Claims: Causey v. Sewell Cadillac-Chevrolet and General Motors

Affirming Racial Discrimination in Warranty Service Claims: Causey v. Sewell Cadillac-Chevrolet and General Motors

Date: Dec 15, 2004
Affirming Racial Discrimination in Warranty Service Claims: Causey v. Sewell Cadillac-Chevrolet and General Motors Introduction The case of Tyrone Causey v. Sewell Cadillac-Chevrolet, Inc. and...
Strengthening Standards for Leave to Amend and Enforcement of Choice-of-Law Clauses: An Analysis of Smith v. EMC Corporation

Strengthening Standards for Leave to Amend and Enforcement of Choice-of-Law Clauses: An Analysis of Smith v. EMC Corporation

Date: Dec 11, 2004
Strengthening Standards for Leave to Amend and Enforcement of Choice-of-Law Clauses: An Analysis of Smith v. EMC Corporation Introduction The case of George Michael Smith v. EMC Corporation (393 F.3d...
Porter v. Ascension Parish School Board: Defining First Amendment Protections for Off-Campus Student Speech and Qualified Immunity for School Officials

Porter v. Ascension Parish School Board: Defining First Amendment Protections for Off-Campus Student Speech and Qualified Immunity for School Officials

Date: Dec 11, 2004
Porter v. Ascension Parish School Board: Defining First Amendment Protections for Off-Campus Student Speech and Qualified Immunity for School Officials Introduction Porter v. Ascension Parish School...
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