5th Circuit Case Commentaries

A Comprehensive Analysis of Shields v. Twiss: Upholding Grand Jury Secrecy in Civil Rights Litigation

Date: Oct 23, 2004

A Comprehensive Analysis of Shields v. Twiss: Upholding Grand Jury Secrecy in Civil Rights Litigation Introduction In Shields v. Twiss, 389 F.3d 142 (5th Cir. 2004), the United States Court of...

Jurisdiction and Exhaustion Requirements in Asylum Appeals: Da v. Roy Decision

Date: Oct 21, 2004

Jurisdiction and Exhaustion Requirements in Asylum Appeals: Da v. Roy Decision Introduction The case of Da v. Roy, adjudicated by the United States Court of Appeals for the Fifth Circuit on October...

Younger Abstention Applied to Grand Jury Subpoenas in First Amendment Context—TAB v. Earle

Date: Oct 19, 2004

Younger Abstention Applied to Grand Jury Subpoenas in First Amendment Context—TAB v. Earle Introduction In TEXAS ASSOCIATION OF BUSINESS and William O. Hammond v. Ronald Earle, the United States...

Cumulative Brady Violations Justify New Trial in Excessive Force Conviction

Date: Oct 16, 2004

Cumulative Brady Violations Justify New Trial in Excessive Force Conviction Introduction In United States of America v. David Sipe, 388 F.3d 471 (5th Cir. 2004), the United States Court of Appeals...

Affirmation of De Minimis Fair Use and Enforcement of Alter Ego Sanctions in COMPAQ Computer Corp. v. Ergonome Inc.

Date: Oct 6, 2004

Affirmation of De Minimis Fair Use and Enforcement of Alter Ego Sanctions in COMPAQ Computer Corp. v. Ergonome Inc. Introduction The case of COMPAQ Computer Corporation v. Ergonome Incorporated...

Reaffirming Compactness and Opportunity Standards for Voting Rights Act §2: Sensley v. Albritton

Date: Sep 29, 2004

Reaffirming Compactness and Opportunity Standards for Voting Rights Act §2: Sensley v. Albritton Introduction The case of Sensley et al. v. Albritton et al. (385 F.3d 591, United States Court of...

Public Disclosure Bar Under the False Claims Act: Affirmation in Reagan v. East Texas Medical Center

Date: Sep 22, 2004

Public Disclosure Bar Under the False Claims Act: Affirmation in Reagan v. East Texas Medical Center Introduction In United States of America, ex rel., Sally A. Reagan v. East Texas Medical Center...

Protecting Unrepresented Corporate Plaintiffs: Fifth Circuit Reverses Dismissal with Prejudice

Date: Sep 18, 2004

Protecting Unrepresented Corporate Plaintiffs: Fifth Circuit Reverses Dismissal with Prejudice Introduction In the landmark case of Manzoor A. Memon; et al. v. Allied Domecq QSR; et al., the United...

Waiver of Arbitration Rights Through Judicial Process: Republic Insurance Co. v. PAICO Receivables, LLC

Date: Sep 14, 2004

Waiver of Arbitration Rights Through Judicial Process: Republic Insurance Co. v. PAICO Receivables, LLC Introduction In Republic Insurance Company v. PAICO Receivables, LLC, the United States Court...

Redefining Improper Joinder in Diversity Jurisdiction: Insights from Smallwood v. Illinois Central RR Co.

Date: Sep 11, 2004

Redefining Improper Joinder in Diversity Jurisdiction: Insights from Smallwood v. Illinois Central RR Co. Introduction SMALLWOOD v. ILLINOIS CENTRAL RAILROAD COmpany, 385 F.3d 568 (5th Cir. 2004),...

Reasonable Grounds for Removal and the Reversal of Attorney Fee Awards: Hornbuckle v. State Farm Lloyds

Date: Sep 11, 2004

Reasonable Grounds for Removal and the Reversal of Attorney Fee Awards: Hornbuckle v. State Farm Lloyds Introduction Hornbuckle v. State Farm Lloyds, 385 F.3d 538 (5th Cir. 2004) is a pivotal case...

Exhaustion of Administrative Remedies and Qualified Immunity in Prisoner's §1983 Claims: Insights from Roderick Johnson v. Gary Johnson

Date: Sep 9, 2004

Exhaustion of Administrative Remedies and Qualified Immunity in Prisoner's §1983 Claims: Insights from Roderick Johnson v. Gary Johnson Introduction The case of Roderick Keith Johnson v. Gary...

Res Judicata Applied to Title VII Discrimination and Retaliation Claims: Davis v. Dallas Area Rapid Transit

Date: Aug 28, 2004

Res Judicata Applied to Title VII Discrimination and Retaliation Claims: Davis v. Dallas Area Rapid Transit Introduction In Davis v. Dallas Area Rapid Transit, 383 F.3d 309 (5th Cir. 2004), the...

Broad Interpretation of "Direct Review" Under AEDPA: Insights from Foreman v. Dretke

Date: Aug 28, 2004

Broad Interpretation of "Direct Review" Under AEDPA: Insights from Foreman v. Dretke Introduction Foreman v. Dretke is a pivotal case adjudicated by the United States Court of Appeals, Fifth Circuit...

Vais Arms v. Vais: Strengthening Standards for Trademark Abandonment and Validating National Non-Compete Agreements

Date: Aug 27, 2004

Vais Arms v. Vais: Strengthening Standards for Trademark Abandonment and Validating National Non-Compete Agreements Introduction The case of Vais Arms, Inc. v. George Vais serves as a pivotal...

Qualified and Official Immunity Affirmed in Foster Care Liability Case: Hernandez v. Texas Department of Protective and Regulatory Services

Date: Aug 26, 2004

Qualified and Official Immunity Affirmed in Foster Care Liability Case: Hernandez v. Texas Department of Protective and Regulatory Services Introduction In the landmark case Hernandez v. Texas...

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