5th Circuit Case Commentaries

Affirmation of Daubert Standards in Eighth Amendment Causation Claims: Burleson v. Texas Dept. of Criminal Justice

Date: Dec 10, 2004

Affirmation of Daubert Standards in Eighth Amendment Causation Claims: Burleson v. Texas Dept. of Criminal Justice Introduction Raymond Burleson, an inmate within the Texas Department of Criminal...

Clarifying the Application of the Berry Test in Rule 33 Motions

Date: Dec 10, 2004

Clarifying the Application of the Berry Test in Rule 33 Motions Introduction In the case of United States of America v. Richard E. Wall (389 F.3d 457), the United States Court of Appeals for the...

Affirmation of Prison Religious Accommodation Standards under RLUIPA: Adkins v. Kaspar

Date: Dec 9, 2004

Affirmation of Prison Religious Accommodation Standards under RLUIPA: Adkins v. Kaspar Introduction In Donald M. Adkins v. Don Kaspar, et al., the United States Court of Appeals for the Fifth Circuit...

Expansion of Maritime Liens: Inclusion of Subfreights in "All Freights" Clause

Date: Dec 9, 2004

Expansion of Maritime Liens: Inclusion of Subfreights in "All Freights" Clause Introduction In the landmark case of CHEMBULK TRADING LLC v. CHEMEX LTD., the United States Court of Appeals for the...

Carrieri v. Jobs.com Inc.: Defining Equity Securities in Bankruptcy Proceedings

Date: Dec 8, 2004

Carrieri v. Jobs.com Inc.: Defining Equity Securities in Bankruptcy Proceedings Introduction Carrieri v. Jobs.com Inc., 393 F.3d 508 (5th Cir. 2004), is a landmark case from the United States Court...

Appellate Review of Discovery Orders Directed at Non-Parties in Ancillary Proceedings: A New Precedent in the Fifth Circuit

Date: Dec 8, 2004

Appellate Review of Discovery Orders Directed at Non-Parties in Ancillary Proceedings: A New Precedent in the Fifth Circuit Introduction The case of Ken WIWA, Indigo v. Royal Dutch Petroleum Company...

Strict Adherence to Certificate of Appealability Requirements in §2255 Motions: Analysis of United States v. Webster

Date: Dec 8, 2004

Strict Adherence to Certificate of Appealability Requirements in §2255 Motions: Analysis of United States v. Webster Introduction United States v. Bruce Carneil Webster is a significant appellate...

United States v. Hicks: Upholding Firearms Possession Under §922(g)(8) and Restricting Collateral Challenges to Protective Orders

Date: Dec 8, 2004

United States v. Hicks: Upholding Firearms Possession Under §922(g)(8) and Restricting Collateral Challenges to Protective Orders Introduction United States of America v. Richard Hicks, 389 F.3d 514...

Reaffirming Equal Treatment Under USERRA: Rogers v. City of San Antonio

Date: Dec 3, 2004

Reaffirming Equal Treatment Under USERRA: Rogers v. City of San Antonio Introduction In the landmark case of Anthony Rogers et al. v. City of San Antonio, decided by the United States Court of...

Interdependence of Subject Matter Jurisdiction and Merits in FTCA Claims: Da v. d MONTEZ et al.

Date: Dec 1, 2004

Interdependence of Subject Matter Jurisdiction and Merits in FTCA Claims: Da v. d MONTEZ et al. Introduction In the landmark case of Da v. d MONTEZ, etc., et al., Plaintiffs, Rita Whitt, indi (392...

Fifth Circuit Defines Scope of Protected Speech in §1983 Retaliation Claims: DPS Promotion Case

Date: Nov 24, 2004

Fifth Circuit Defines Scope of Protected Speech in §1983 Retaliation Claims: DPS Promotion Case Introduction The case of Alan W. Alexander et al. v. Walter "Chaps" Eeds, III et al., decided by the...

MELTON v. DALLAS AREA RAPID TRANSIT: Clarifying ADA Compliance in Paratransit Services

Date: Nov 20, 2004

MELTON v. DALLAS AREA RAPID TRANSIT: Clarifying ADA Compliance in Paratransit Services Introduction In MELTON v. DALLAS AREA RAPID TRANSIT, the United States Court of Appeals for the Fifth Circuit...

Qualified Immunity in Section 1983 Claims: Haggerty v. Texas Southern University

Date: Nov 19, 2004

Qualified Immunity in Section 1983 Claims: Haggerty v. Texas Southern University Introduction The case of Michael Haggerty v. Texas Southern University et al. adjudicated by the United States Court...

Affirmation of Summary Judgment in Constructive Discharge and FMLA Claims: Haley v. Alliance Compressor LLC

Date: Nov 18, 2004

Affirmation of Summary Judgment in Constructive Discharge and FMLA Claims: Haley v. Alliance Compressor LLC Introduction The case of Marilyn Haley v. Alliance Compressor LLC and Copeland Corp. (391...

No Discount for Beneficiaries' Income Tax Liability in Estate Tax Valuation: Estate of Smith v. United States

Date: Nov 16, 2004

No Discount for Beneficiaries' Income Tax Liability in Estate Tax Valuation: Estate of Smith v. United States Introduction In Estate of Smith v. United States, the United States Court of Appeals for...

Affirming EPSDT Coverage under §1983: S.D. v. Hood Establishes Right to Medically Necessary Incontinence Supplies

Date: Nov 16, 2004

Affirming EPSDT Coverage under §1983: S.D. v. Hood Establishes Right to Medically Necessary Incontinence Supplies Introduction The case S.D., by and through his next friend, Richard Dickson,...

Ambiguity in State Law Impacts Fraudulent Joinder Analysis in Removal Jurisdiction – Gray v. Beverly Enterprises-Mississippi, Inc.

Date: Nov 10, 2004

Ambiguity in State Law Impacts Fraudulent Joinder Analysis in Removal Jurisdiction – Gray v. Beverly Enterprises-Mississippi, Inc. Introduction In the case of Letha M. Gray v. Beverly...

Deference to Arbitration Awards in ERISA Plan Disputes: Kergosien v. Ocean Energy

Date: Nov 3, 2004

Deference to Arbitration Awards in ERISA Plan Disputes: Kergosien v. Ocean Energy Introduction In the landmark case of Kergosien et al. v. Ocean Energy, Inc., 390 F.3d 346 (5th Cir. 2004), the United...

Standing and the Dormant Commerce Clause: Insights from NSWMA v Pine Belt

Date: Oct 30, 2004

Standing and the Dormant Commerce Clause: Insights from NSWMA v. Pine Belt Introduction The case of National Solid Waste Management Association; BFI Waste Systems of Mississippi LLC; Waste Management...

Jurisdictional Boundaries in Arbitration Orders: Fifth Circuit Establishes Non-Appealability of Administratively Closed Cases

Date: Oct 26, 2004

Jurisdictional Boundaries in Arbitration Orders: Fifth Circuit Establishes Non-Appealability of Administratively Closed Cases Introduction In the appellate case of Robert Rocco MIRE,...

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