5th Circuit Case Commentaries

United States v. Brigham: Affirming Reasonableness of Traffic Stop Extensions under the Fourth Amendment

Date: Aug 20, 2004

United States v. Brigham: Affirming Reasonableness of Traffic Stop Extensions under the Fourth Amendment Introduction United States of America v. Reginald Brigham, 382 F.3d 500 (5th Cir. 2004), is a...

Taxation of Guardian ad Litem Fees Against the Government in FTCA Cases: New Precedent Established

Date: Aug 13, 2004

Taxation of Guardian ad Litem Fees Against the Government in FTCA Cases: New Precedent Established Introduction In the case of Carlton Gaddis and Latanza Gaddis, Individually and as Next Friend of...

Independent Dealer Trademark Use Without Affiliation Does Not Constitute Infringement: Scott Fetzer Co. v. House of Vacuums Inc.

Date: Aug 13, 2004

Independent Dealer Trademark Use Without Affiliation Does Not Constitute Infringement: Scott Fetzer Co. v. House of Vacuums Inc. Introduction The case of The Scott Fetzer Co. v. House of Vacuums Inc....

EX PARTE YOUNG and ADA Enforcement: Fifth Circuit Sets Precedent in McCarthy et al. v. Hawkins et al.

Date: Aug 12, 2004

EX PARTE YOUNG and ADA Enforcement: Fifth Circuit Sets Precedent in McCarthy et al. v. Hawkins et al. Introduction The case of CHRISTY McCARTHY, By and through her next friend Jamie Tra v. s; TODD...

Implied Reasonable Duration in Indefinite Contracts: Fluorine On Call Ltd. v. Fluorogas Limited

Date: Aug 11, 2004

Implied Reasonable Duration in Indefinite Contracts: Fluorine On Call Ltd. v. Fluorogas Limited Introduction The case of Fluorine On Call Ltd. (FOC) v. Fluorogas Limited revolves around a dispute...

Clarifying the Scope of Excessive Force Under the Fourth Amendment: FLORES v. CITY OF PALACIOS

Date: Aug 11, 2004

Clarifying the Scope of Excessive Force Under the Fourth Amendment: FLORES v. CITY OF PALACIOS 1. Introduction FLORES v. CITY OF PALACIOS is a significant appellate decision by the United States...

Enforcement of Arbitration Agreements in Maritime Employment and Limits of Personal Jurisdiction

Date: Aug 10, 2004

Enforcement of Arbitration Agreements in Maritime Employment and Limits of Personal Jurisdiction Introduction The case of Fred Freudensprung v. Offshore Technical Services, Inc., Willbros Group,...

Reversing Overbroad Injunctions in Reverse-FOIA Actions: Implications for Personal Information Protection

Date: Aug 5, 2004

Reversing Overbroad Injunctions in Reverse-FOIA Actions: Implications for Personal Information Protection Introduction The case of John Doe et al. v. Ann M. Veneman et al. adjudicated by the United...

Fifth Circuit Clarifies Standards for Asylum and CAT Relief in Immigration Proceedings

Date: Jul 31, 2004

Fifth Circuit Clarifies Standards for Asylum and CAT Relief in Immigration Proceedings Introduction The case of Jopie Eduard and Yuliana Pakkung v. John Ashcroft (379 F.3d 182) presents a pivotal...

Duty to Defend Under General Liability Insurance: Insights from American Home Assurance Co. v. United Space Alliance, LLC

Date: Jul 30, 2004

Duty to Defend Under General Liability Insurance: Insights from American Home Assurance Co. v. United Space Alliance, LLC Introduction The case of American Home Assurance Company v. United Space...

Goswami v. American Collections Enterprise: FDCPA's Stance on Envelope Markings and Deceptive Settlement Offers

Date: Jul 29, 2004

Goswami v. American Collections Enterprise: FDCPA's Stance on Envelope Markings and Deceptive Settlement Offers Introduction In the case of Pooja Goswami v. American Collections Enterprise, Inc., the...

Affirmation of Qualified Immunity in Fourth Amendment Violations: Johnson v. DEEP EAST TEXAS Regional Narcotics Trafficking Task Force

Date: Jul 28, 2004

Affirmation of Qualified Immunity in Fourth Amendment Violations: Johnson v. DEEP EAST TEXAS Regional Narcotics Trafficking Task Force Introduction In the case of Nadine Johnson v. DEEP EAST TEXAS...

Affirmation of Abuse of Discretion Standard in Long-Term Disability Claims under ERISA

Date: Jul 27, 2004

Affirmation of Abuse of Discretion Standard in Long-Term Disability Claims under ERISA Introduction The case of Barbara F. Vercher v. Alexander Alexander Inc. et al. adjudicated by the United States...

Attorney's Fee Award Principles under Social Security Act and EAJA: Analysis of Brannen v. Barnhart

Date: Jul 23, 2004

Attorney's Fee Award Principles under Social Security Act and EAJA: Analysis of Brannen v. Barnhart Introduction Brannen v. Barnhart is a pivotal case adjudicated in the United States District Court...

Exhaustion of Claims under AEDPA with Additional Evidence: The Morris Decision

Date: Jul 22, 2004

Exhaustion of Claims under AEDPA with Additional Evidence: The Morris Decision Introduction The case of Kenneth Wayne Morris v. Doug Dretke, adjudicated by the United States Court of Appeals for the...

Unconscionability of One-Sided Arbitration Clauses Under Louisiana Law: IBERIA CREDIT BUREAU INC v. Cingular Wireless LLC