5th Circuit Case Commentaries

Omari v. Holder: Reinforcing Strict Exhaustion Requirements for § 1252(d) in Immigration Appeals

Date: Mar 5, 2009

Omari v. Holder: Reinforcing Strict Exhaustion Requirements for § 1252(d) in Immigration Appeals Introduction Case: John Nyakundi Omari v. Eric H. Holder, Jr., U.S. Attorney General Court: United...

Enforcement of Negative Mail Lists in Prisons Upheld Under First Amendment: Samford v. Dretke

Date: Mar 4, 2009

Enforcement of Negative Mail Lists in Prisons Upheld Under First Amendment: Samford v. Dretke Introduction The case of Scott A. Samford, Jr. v. Doug Dretke explores the delicate balance between a...

Qualified Immunity in Police Use of Deadly Force: Insights from Ernest Lytle v. O'Donnell

Date: Feb 24, 2009

Qualified Immunity in Police Use of Deadly Force: Insights from Ernest Lytle v. O'Donnell Introduction Ernest Lytle, Individually and as Representative of the Estate of Heather Lytle, Deceased v....

Res Judicata in False Advertising Claims: Analysis of Oreck Direct, LLC v. Dyson, Inc.

Date: Feb 24, 2009

Res Judicata in False Advertising Claims: Analysis of Oreck Direct, LLC v. Dyson, Inc. (560 F.3d 398) Introduction Oreck Direct, LLC v. Dyson, Inc. is a pivotal case adjudicated by the United States...

Affirming Limitations on Fiduciary Duty Claims in Bankruptcy Derivative Suits: Torch Liquidating Trust v. Stockstill et al.

Date: Feb 24, 2009

Affirming Limitations on Fiduciary Duty Claims in Bankruptcy Derivative Suits: Torch Liquidating Trust v. Stockstill et al. 1. Introduction The Torch Liquidating Trust v. Stockstill et al. is a...

Fifth Circuit Clarifies § 3730(b)(5) Jurisdictional Bar in FCA Qui Tam Actions: Distinguishing Between Named and Unnamed Defendants

Date: Feb 19, 2009

Fifth Circuit Clarifies § 3730(b)(5) Jurisdictional Bar in FCA Qui Tam Actions: Distinguishing Between Named and Unnamed Defendants Introduction The case of United States ex rel. Branch Consultants...

Address Obligation and Notice in Immigration Proceedings: Analyzing Gomez-Palacios v. Holder

Date: Feb 19, 2009

Address Obligation and Notice in Immigration Proceedings: Analyzing Gomez-Palacios v. Holder Introduction The case of Marlon Jesus Gomez-Palacios v. Eric H. Holder, U.S. Attorney General (560 F.3d...

Contract Exclusion Interpretation Bars Insurance Coverage: Carolina Casualty Insurance Co. v. Sowell et al.

Date: Feb 18, 2009

Contract Exclusion Interpretation Bars Insurance Coverage: Carolina Casualty Insurance Co. v. Sowell et al. Introduction In the landmark decision of Carolina Casualty Insurance Company v. James E....

RLUIPA and Prisoners' Religious Rights: Insights from Sossamon v. Texas

Date: Feb 18, 2009

RLUIPA and Prisoners' Religious Rights: Insights from Sossamon v. Texas Introduction Harvey Leroy Sossamon, III, an inmate at the Robertson Unit of the Texas Department of Criminal Justice (TDCJ),...

Imputing Expert Witness Knowledge to Prosecution Teams: A Fifth Circuit Analysis under AEDPA

Date: Feb 18, 2009

Imputing Expert Witness Knowledge to Prosecution Teams: A Fifth Circuit Analysis under AEDPA Introduction Rigoberto Avila, Jr. v. Nathaniel Quarterman is a pivotal case decided by the United States...

Affirmation of Drug Trafficking and Money Laundering Convictions in U.S. v. Fernandez, Marquez, and Marquez-Ramos

Date: Feb 12, 2009

Affirmation of Drug Trafficking and Money Laundering Convictions in United States v. Fernandez, Marquez, and Marquez-Ramos Introduction The appellate decision in United States v. Horacio Fernandez,...

Fifth Circuit Affirms Felon in Possession of Firearm Under §922(g) and Clarifies 'Crime of Violence' Definition in U.S.S.G. §4B1.2

Date: Feb 12, 2009

Fifth Circuit Affirms Felon in Possession of Firearm Under §922(g) and Clarifies 'Crime of Violence' Definition in U.S.S.G. §4B1.2 Introduction In UNITED STATES of America v. Lionel Anderson, 559...

Reaffirmation of Procedural Nature of §1441(b) Forum-Defendant Rule in Mass Tort Litigation: In re: 1994 Exxon Chemical Fire

Date: Feb 5, 2009

Reaffirmation of Procedural Nature of §1441(b) Forum-Defendant Rule in Mass Tort Litigation: In re: 1994 Exxon Chemical Fire Introduction The case In re: 1994 Exxon Chemical Fire ([558 F.3d...

The Limits of First Amendment Protections in Employment Retaliation Claims: Analyzing Cutrer et al. v. McMillan et al.

Date: Jan 31, 2009

The Limits of First Amendment Protections in Employment Retaliation Claims: Analyzing Cutrer et al. v. McMillan et al. Introduction In the case of Jerry W. Cutrer, Sr.; Lena S. Guyton; Nora Walker;...

Precedent on Enforceability of Federal Rights Under §1437p: Anderson v. Jackson

Date: Jan 27, 2009

Precedent on Enforceability of Federal Rights Under §1437p: Anderson v. Jackson Introduction Anderson v. Jackson is a significant judicial decision rendered by the United States Court of Appeals for...

Fifth Circuit Upholds Standards for Successive Habeas Corpus Petitions in Capital Cases

Date: Jan 27, 2009

Fifth Circuit Upholds Standards for Successive Habeas Corpus Petitions in Capital Cases Introduction In In Re: Larry Ray Swearingen, Movant. (556 F.3d 344), the Fifth Circuit Court of Appeals...

Discretionary Function Exception Under the Stafford Act: Insights from Herbert Freeman, Jr. v. United States

Date: Jan 23, 2009

Discretionary Function Exception Under the Stafford Act: Insights from Herbert Freeman, Jr. v. United States Introduction The landmark case of Herbert Freeman, Jr., Individually and in his capacity...

St. Tammany Parish v. FEMA: Affirmation of Discretionary Function Exception under the Stafford Act

Date: Jan 23, 2009

St. Tammany Parish v. FEMA: Affirmation of Discretionary Function Exception under the Stafford Act Introduction The case St. Tammany Parish, by and through its President, Kevin Davis v. Federal...

Conversion of Insurance Policy Forms Does Not Constitute Cancellation Under Louisiana Law: State Farm v. Moore

Date: Jan 22, 2009

Conversion of Insurance Policy Forms Does Not Constitute Cancellation Under Louisiana Law: State Farm v. Moore Introduction The case of James H. Moore, Jr., and Kenneth E. Carroll v. State Farm Fire...

Affirmation of Personal Liability for Fraudulent Misrepresentation in Bankruptcy: Morrison v. Western Builders

Date: Jan 17, 2009

Affirmation of Personal Liability for Fraudulent Misrepresentation in Bankruptcy: Morrison v. Western Builders Introduction The case of David Wilson Morrison v. Western Builders of Amarillo, Inc....