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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

Affirmation of RICO Claim Dismissal Under Texas Usury Laws and CSOA in Lovick v. Ritemoney Ltd.

Affirmation of RICO Claim Dismissal Under Texas Usury Laws and CSOA in Lovick v. Ritemoney Ltd.

Date: Jul 15, 2004
Affirmation of RICO Claim Dismissal Under Texas Usury Laws and CSOA in Lovick v. Ritemoney Ltd. Introduction In the case of Betty R. Lovick, on behalf of herself and all others similarly situated,...
Blakely v. Pineiro: Upholding the Federal Sentencing Guidelines Post-Apprendi

Blakely v. Pineiro: Upholding the Federal Sentencing Guidelines Post-Apprendi

Date: Jul 13, 2004
Blakely v. Pineiro: Upholding the Federal Sentencing Guidelines Post-Apprendi Introduction The case of United States of America v. Francisco D. Pineiro, adjudicated by the United States Court of...
Reaffirmation of the Burden-Shifting Framework in Employment Discrimination: Bryan v. McKinsey Company

Reaffirmation of the Burden-Shifting Framework in Employment Discrimination: Bryan v. McKinsey Company

Date: Jul 10, 2004
Reaffirmation of the Burden-Shifting Framework in Employment Discrimination: Bryan v. McKinsey Company Introduction In the case of John H. Bryan v. McKinsey Company, Inc., 375 F.3d 358 (5th Cir....
Subrogation in Workers' Compensation: United States Fire Insurance Co. v. Kershia Miller Establishes Borrowed Employee Liability

Subrogation in Workers' Compensation: United States Fire Insurance Co. v. Kershia Miller Establishes Borrowed Employee Liability

Date: Jul 7, 2004
Subrogation in Workers' Compensation: United States Fire Insurance Co. v. Kershia Miller Establishes Borrowed Employee Liability Introduction The case of United States Fire Insurance Company v....
ERISA Preemption and the Limits of Amending Pleadings: Mayeaux v. BCBS of Louisiana

ERISA Preemption and the Limits of Amending Pleadings: Mayeaux v. BCBS of Louisiana

Date: Jul 2, 2004
ERISA Preemption and the Limits of Amending Pleadings: Mayeaux v. BCBS of Louisiana Introduction In Cheryl Mayeaux, Raymond Germain, and Dr. and Mrs. Edward S. Hyman v. Louisiana Health Service and...
Denial of FLSA Class Certification in Basco v. Wal-Mart Stores Establishes Stricter "Similarly Situated" Standard

Denial of FLSA Class Certification in Basco v. Wal-Mart Stores Establishes Stricter "Similarly Situated" Standard

Date: Jul 2, 2004
Denial of FLSA Class Certification in Basco v. Wal-Mart Stores Establishes Stricter "Similarly Situated" Standard Introduction Basco v. Wal-Mart Stores Inc. is a pivotal case decided by the United...
Fifth Circuit Reaffirms 'Any Amount of Jail Time' as Prejudice Standard in Ineffective Assistance of Counsel Claims

Fifth Circuit Reaffirms 'Any Amount of Jail Time' as Prejudice Standard in Ineffective Assistance of Counsel Claims

Date: Jul 2, 2004
Fifth Circuit Reaffirms 'Any Amount of Jail Time' as Prejudice Standard in Ineffective Assistance of Counsel Claims Introduction In United States of America v. Gus Peter Grammas, 376 F.3d 433 (5th...
Affirmation of Detrimental Reliance and Unjust Enrichment Dismissal in Insurance Policy Dispute

Affirmation of Detrimental Reliance and Unjust Enrichment Dismissal in Insurance Policy Dispute

Date: Jul 1, 2004
Affirmation of Detrimental Reliance and Unjust Enrichment Dismissal in Insurance Policy Dispute Introduction The case of DRS BETHEA, MOUSTOUKAS AND WEAVER LLC; MORRISON C BETHEA, MD, A Professional...
Summary Judgment Upholds Anti-Discrimination Protections in Employment Retaliation Case

Summary Judgment Upholds Anti-Discrimination Protections in Employment Retaliation Case

Date: Jul 1, 2004
Summary Judgment Upholds Anti-Discrimination Protections in Employment Retaliation Case Introduction In the appellate case Louis C. Roberson v. Alltel Information Services (373 F.3d 647, 5th Cir....
Interstate Fibernet Inc. v. Defendants: Appellate Jurisdiction and Finality of District Court Orders

Interstate Fibernet Inc. v. Defendants: Appellate Jurisdiction and Finality of District Court Orders

Date: Jun 29, 2004
Interstate Fibernet Inc. v. Defendants: Appellate Jurisdiction and Finality of District Court Orders 1. Introduction The case of Interstate Fibernet Inc. v. Mississippi Power Company et al. (No....
Establishing Eighth Amendment Standards: Affirmation of Prison Conditions Protections on Death Row

Establishing Eighth Amendment Standards: Affirmation of Prison Conditions Protections on Death Row

Date: Jun 29, 2004
Establishing Eighth Amendment Standards: Affirmation of Prison Conditions Protections on Death Row Introduction In the landmark case of GATES v. COOK, heard by the United States Court of Appeals for...
Fifth Circuit Clarifies Grounds for Vacating FAA Arbitration Awards: Arbitrary and Capricious Not Independent Ground

Fifth Circuit Clarifies Grounds for Vacating FAA Arbitration Awards: Arbitrary and Capricious Not Independent Ground

Date: Jun 29, 2004
Fifth Circuit Clarifies Grounds for Vacating FAA Arbitration Awards: Arbitrary and Capricious Not Independent Ground Introduction In the appellate case Thomas McDowell Brabham, Individually and as...
Establishing Mixed-Motives Analysis in ADEA Claims: Rachid v. Jack In The Box, Inc.

Establishing Mixed-Motives Analysis in ADEA Claims: Rachid v. Jack In The Box, Inc.

Date: Jun 26, 2004
Establishing Mixed-Motives Analysis in ADEA Claims: Rachid v. Jack In The Box, Inc. Introduction The case of Ahmed P. Rachid v. Jack In The Box, Inc. (376 F.3d 305) addresses significant aspects of...
FDCPA Enforcement and Judicial Authority in FTC v. Namer: A Comprehensive Analysis

FDCPA Enforcement and Judicial Authority in FTC v. Namer: A Comprehensive Analysis

Date: Jun 26, 2004
FDCPA Enforcement and Judicial Authority in FTC v. Namer: A Comprehensive Analysis Introduction The case Federal Trade Commission v. National Business Consultants, Inc.; Robert Namer; Voice of...
Interpretation of 'Pending' in AEDPA: Fifth Circuit's Grillette Decision on Tolling Limitations Period

Interpretation of 'Pending' in AEDPA: Fifth Circuit's Grillette Decision on Tolling Limitations Period

Date: Jun 23, 2004
Interpretation of 'Pending' in AEDPA: Fifth Circuit's Grillette Decision on Tolling Limitations Period Introduction The case of Da v. Grillette, decided by the United States Court of Appeals for the...
Judicial Estoppel Upholds Integrity in Bankruptcy Proceedings: In re Superior Crewboats, Inc.

Judicial Estoppel Upholds Integrity in Bankruptcy Proceedings: In re Superior Crewboats, Inc.

Date: Jun 19, 2004
Judicial Estoppel Upholds Integrity in Bankruptcy Proceedings: In re Superior Crewboats, Inc. Introduction The case of In re Superior Crewboats, Inc. involves Superior Crewboats, Inc., the owner of...
Non-Signatory's Right to Stay Litigation Under FAA § 3: Analysis of Waste Management, Inc. v. Residuos Industriales Multiquim, S.A. de C.V.

Non-Signatory's Right to Stay Litigation Under FAA § 3: Analysis of Waste Management, Inc. v. Residuos Industriales Multiquim, S.A. de C.V.

Date: Jun 12, 2004
Non-Signatory's Right to Stay Litigation Under FAA § 3: Analysis of Waste Management, Inc. v. Residuos Industriales Multiquim, S.A. de C.V. Introduction The case of Waste Management, Inc. (WM) v....
Thuri v. Ashcroft: Establishing the Substantial-Evidence Standard for Asylum Eligibility

Thuri v. Ashcroft: Establishing the Substantial-Evidence Standard for Asylum Eligibility

Date: Jun 8, 2004
Thuri v. Ashcroft: Establishing the Substantial-Evidence Standard for Asylum Eligibility Introduction In Thuri v. Ashcroft, 380 F.3d 788 (5th Cir. 2004), the United States Court of Appeals for the...
Certificate of Appealability Denied in Bagwell v. Dretke: Upholding Judicial Restraints and Procedural Standards

Certificate of Appealability Denied in Bagwell v. Dretke: Upholding Judicial Restraints and Procedural Standards

Date: Jun 8, 2004
Certificate of Appealability Denied in Bagwell v. Dretke: Upholding Judicial Restraints and Procedural Standards Introduction The case of Dennis Wayne Bagwell v. Douglas Dretke addressed significant...
Jurisdictional Boundaries in Rule 60(b) Motions: Shepherd v. International Paper Co.

Jurisdictional Boundaries in Rule 60(b) Motions: Shepherd v. International Paper Co.

Date: May 29, 2004
Jurisdictional Boundaries in Rule 60(b) Motions: Shepherd v. International Paper Co. Introduction The case of Shepherd, Grisby, et al. v. International Paper Co. (372 F.3d 326, 5th Cir. 2004)...
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