5th Circuit Case Commentaries

Southland Securities v. Inspire Insurance Solutions Inc.: Reinforcing PSLRA's Particularity in Securities Fraud Litigation

Date: May 26, 2004

Southland Securities Corporation v. Inspire Insurance Solutions Inc.: Reinforcing PSLRA's Particularity in Securities Fraud Litigation Introduction In the landmark case of Southland Securities...

Strict Application of AEDPA Standards in Denial of Certificate of Appealability: Medellin v. Dretke

Date: May 21, 2004

Strict Application of AEDPA Standards in Denial of Certificate of Appealability: Medellin v. Dretke Introduction Medellin v. Dretke is a pivotal case decided by the United States Court of Appeals for...

Comprehensive Venue Transfer Standards Established in In re Volkswagen AG

Date: May 19, 2004

Comprehensive Venue Transfer Standards Established in In re Volkswagen AG Introduction The case of In re Volkswagen AG; Volkswagen of America, Inc., decided by the United States Court of Appeals for...

Affirmation of Deferential Standards in Prisoners' Religious Rights: Freeman v. Texas Department of Criminal Justice

Date: May 8, 2004

Affirmation of Deferential Standards in Prisoners' Religious Rights: Freeman v. Texas Department of Criminal Justice Introduction Freeman v. Texas Department of Criminal Justice, 369 F.3d 854 (5th...

Defining 'Firm Offer of Credit' Under the Fair Credit Reporting Act: Insights from Kennedy v. Chase Manhattan Bank USA

Date: May 7, 2004

Defining 'Firm Offer of Credit' Under the Fair Credit Reporting Act: Insights from Kennedy v. Chase Manhattan Bank USA Introduction The case of Richard D. Kennedy and Sally S. Kennedy v. Chase...

Courts Uphold Prison Policies Requiring Judicial Authorization for Inmate Elective Medical Procedures

Date: May 1, 2004

Courts Uphold Prison Policies Requiring Judicial Authorization for Inmate Elective Medical Procedures Introduction The case of Victoria W. v. Jerry J. Larpenter, et al. addresses the delicate balance...

Rooker-Feldman Doctrine Reinforced: Federal Courts Limited in Revising State Subpoena Orders

Date: Apr 30, 2004

Rooker-Feldman Doctrine Reinforced: Federal Courts Limited in Revising State Subpoena Orders Introduction In the landmark case of Union Planters Bank National Association v. Salih et al., 369 F.3d...

Exhaustion of Administrative Remedies Required for Contractor Claims Against Regional Transportation Authorities: Insights from Eby Construction Co. v. Dallas Area Rapid Transit

Date: Apr 30, 2004

Exhaustion of Administrative Remedies Required for Contractor Claims Against Regional Transportation Authorities: Insights from Eby Construction Co. v. Dallas Area Rapid Transit Introduction The case...

Ineffective Assistance of Counsel in Soffar v. Dretke: Establishing New Precedents

Date: Apr 22, 2004

Ineffective Assistance of Counsel in Soffar v. Dretke: Establishing New Precedents Introduction Max Alexander Soffar appealed his conviction for capital murder to the United States Court of Appeals...

Affirmation of Convictions in United States v. Bell and Cotton: Confrontation Clause and Interpreter Standards

Date: Apr 21, 2004

Affirmation of Convictions in United States v. Bell and Cotton: Confrontation Clause and Interpreter Standards Introduction The case of United States of America, Plaintiff-Appellee, v. J.D. Bell and...

Fifth Circuit Affirms Summary Judgment in Toxic Tort Case: Clarifying Standards for Rule 59(e) Reconsideration

Date: Apr 21, 2004

Fifth Circuit Affirms Summary Judgment in Toxic Tort Case: Clarifying Standards for Rule 59(e) Reconsideration Introduction In the landmark case of Lucien TEMPLET, Jr.; et al. v. HYDROCHEM INC. et...

Proper Filing of State Habeas Applications under AEDPA: Insights from Larry III v. Dretke

Date: Apr 20, 2004

Proper Filing of State Habeas Applications under AEDPA: Insights from Larry III v. Dretke Introduction Julius James Larry, III v. Doug Dretke, 361 F.3d 890 (5th Cir. 2004), is a pivotal case that...

Enforceability of Arbitration Clauses Under State Unconscionability: Banc One Acceptance Corp. v. Edith Hill

Date: Apr 20, 2004

Enforceability of Arbitration Clauses Under State Unconscionability: Banc One Acceptance Corp. v. Edith Hill Introduction Banc One Acceptance Corp., Plaintiff-Appellant, v. Edith Hill; Deborah Brand,...

Affirmation of Due Process in Extended Pre-Indictment Delay: United States v. Avants

Date: Apr 20, 2004

Affirmation of Due Process in Extended Pre-Indictment Delay: United States v. Avants Introduction The case of United States of America v. Ernest Henry Avants, adjudicated by the United States Court...

5th Circuit Denies Qualified Immunity to Police Officials for Retaliatory Boycotts Against Expert Witnesses under 42 USC §1985(2) and First Amendment

Date: Apr 16, 2004

5th Circuit Denies Qualified Immunity to Police Officials for Retaliatory Boycotts Against Expert Witnesses under 42 USC §1985(2) and First Amendment Introduction In the case of Dean Kinney; David...

Fraud-on-the-Market Reliance Presumption Requires Causal Link Between Misstatements and Stock Price Movement: Greenberg v. Crossroads Systems

Date: Apr 15, 2004

Fraud-on-the-Market Reliance Presumption Requires Causal Link Between Misstatements and Stock Price Movement: Greenberg v. Crossroads Systems Introduction Greenberg v. Crossroads Systems, Inc., 364...

Fifth Circuit Establishes Pro Rata Apportionment Among Co-Insurers Based on Policy Limits and Clarifies Subrogation Entitlement in Maritime Insurance Cases

Date: Apr 15, 2004

Fifth Circuit Establishes Pro Rata Apportionment Among Co-Insurers Based on Policy Limits and Clarifies Subrogation Entitlement in Maritime Insurance Cases Introduction The appellate case Ste v. n...

Indictment Requirements for Aggravating Factors under the Federal Death Penalty Act: Clarifications from United States v. Robinson

Date: Apr 15, 2004

Indictment Requirements for Aggravating Factors under the Federal Death Penalty Act: Clarifications from United States v. Robinson Introduction United States v. Julius Omar Robinson, 367 F.3d 278...

Affirmation of Qualified Immunity for 911 Operators in Emergency Call Misclassification: Beltran v. City of El Paso

Date: Apr 15, 2004

Affirmation of Qualified Immunity for 911 Operators in Emergency Call Misclassification: Beltran v. City of El Paso Introduction The case of Manuela Beltran v. City of El Paso revolves around a...

Permissive Pretext Jury Instruction in FLSA Retaliation Claims: Fifth Circuit Affirms District Court Despite Procedural Error

Date: Apr 8, 2004

Permissive Pretext Jury Instruction in FLSA Retaliation Claims: Fifth Circuit Affirms District Court Despite Procedural Error Introduction In the case of Loretha Kanida v. Gulf Coast Medical...

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