5th Circuit Case Commentaries

Establishing Standards for False Claims Act Allegations: Riley v. St. Luke's Episcopal Hospital

Date: Jan 10, 2004

Establishing Standards for False Claims Act Allegations: Riley v. St. Luke's Episcopal Hospital Introduction Riley v. St. Luke's Episcopal Hospital is a significant case adjudicated by the United...

Establishing Prejudice in Ineffective Assistance Claims: Young v. Texas Department of Criminal Justice

Date: Jan 10, 2004

Establishing Prejudice in Ineffective Assistance Claims: Young v. Texas Department of Criminal Justice Introduction Case: Edward Michael Young, Petitioner-Appellant, v. Doug Dretke, Director, Texas...

Establishing Standing in Federal Civil Rights Claims: Insights from Fredrick Pluet v. Frasier et al.

Date: Jan 10, 2004

Establishing Standing in Federal Civil Rights Claims: Insights from Fredrick Pluet v. Frasier et al. Introduction The case of Fredrick Pluet v. Margo Frasier et al. (355 F.3d 381) adjudicated by the...

Clarifying Sentencing Enhancements: Intentional Use of Force Under U.S.S.G. § 2L1.2

Date: Jan 9, 2004

Clarifying Sentencing Enhancements: Intentional Use of Force Under U.S.S.G. § 2L1.2 1. Introduction The appellate case United States of America v. Enrique Vargas-Duran (356 F.3d 598) serves as a...

Salinas v. Dretke (2004): AEDPA's Statute of Limitations and Collateral Review in Texas

Date: Jan 8, 2004

Salinas v. Dretke (2004): AEDPA's Statute of Limitations and Collateral Review in Texas Introduction Gary J. Salinas v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional...

Affirmation of Summary Judgment: Lack of State Action in School-Sponsored Assault - E v. Priester

Date: Jan 8, 2004

Affirmation of Summary Judgment: Lack of State Action in School-Sponsored Assault - E v. Priester Introduction The case Eve Priester v. Lowndes County School District et al. presents a significant...

Affirmation of Texas Insurable Interest Doctrine in Employer-Owned Life Insurance Policies

Date: Jan 6, 2004

Affirmation of Texas Insurable Interest Doctrine in Employer-Owned Life Insurance Policies Introduction The case of Scott Mayo et al., Plaintiffs, Douglas Sims, by Deborah Sims, the independent...

Affirmation of Conviction and Upward Departure in United States v. Froman: A Comprehensive Analysis

Date: Jan 6, 2004

Affirmation of Conviction and Upward Departure in United States v. Froman: A Comprehensive Analysis Introduction United States v. Robert Froman, 355 F.3d 882 (5th Cir. 2004), is a pivotal case that...

Clarifying Damages and Equitable Exceptions in Contractual Disputes: Insights from DP Solutions v. Rollins

Date: Jan 1, 2004

Clarifying Damages and Equitable Exceptions in Contractual Disputes: Insights from DP Solutions v. Rollins Introduction The case of DP Solutions, Inc. v. Rollins, Inc., reported at 353 F.3d 421 (5th...

Martin v. Alamo Community College District: Defining 'Issued' and Its Impact on Statute of Limitations in EEOC Litigation

Date: Dec 31, 2003

Martin v. Alamo Community College District: Defining 'Issued' and Its Impact on Statute of Limitations in EEOC Litigation Introduction The case of Robin Martin v. Alamo Community College District was...

Affirming Standard Supervised Release Conditions: Torres-Aguilar Decision

Date: Dec 31, 2003

Affirming Standard Supervised Release Conditions: Torres-Aguilar Decision Introduction The case of United States of America v. Augstin Torres-Aguilar (352 F.3d 934, 5th Cir. 2003) centers on the...

Fifth Circuit Establishes Individual Citizenship Sufficiency for Lloyd’s Underwriters in Diversity Jurisdiction

Date: Dec 30, 2003

Fifth Circuit Establishes Individual Citizenship Sufficiency for Lloyd’s Underwriters in Diversity Jurisdiction Introduction In the case of Liberty Corporate Capital Ltd. v. Dallas Glen Hills LP, the...

Evidentiary Discretion and Jury Selection Integrity Upheld in United States v. Butch Wilson

Date: Dec 23, 2003

Evidentiary Discretion and Jury Selection Integrity Upheld in United States v. Butch Wilson Introduction United States v. Butch Wilson (355 F.3d 358) is a significant case adjudicated by the United...

Rooker-Feldman Doctrine Reinforced in Class Action Dismissal: Richard v. Hoechst Celanese Chemical Group

Date: Dec 20, 2003

Rooker-Feldman Doctrine Reinforced in Class Action Dismissal: Richard v. Hoechst Celanese Chemical Group Introduction The case Richard R. Richard, Jr. v. Hoechst Celanese Chemical Group, Inc....

Establishing Qualified Immunity in Retaliation Claims Under 42 U.S.C. § 1981: Foley & Hutto v. University of Houston System

Date: Dec 19, 2003

Establishing Qualified Immunity in Retaliation Claims Under 42 U.S.C. § 1981: Foley & Hutto v. University of Houston System Introduction Foley & Hutto v. University of Houston System is a pivotal...

ERISA §502(a)(3) Expands Equitable Relief to Non-Fiduciary Defendants: Insights from Bombardier Aerospace Employee Welfare Benefits Plan v. Ferrer et al.

Date: Dec 18, 2003

ERISA §502(a)(3) Expands Equitable Relief to Non-Fiduciary Defendants: Insights from Bombardier Aerospace Employee Welfare Benefits Plan v. Ferrer et al. Introduction The case of Bombardier Aerospace...

Mandatory Victims Restitution Act Compliance in Plea Colloquy: An Analysis of United States v. Powell

Date: Dec 18, 2003

Mandatory Victims Restitution Act Compliance in Plea Colloquy: An Analysis of United States v. Powell Introduction United States v. Powell, 354 F.3d 362 (5th Cir. 2003), is a pivotal case that...

Clarifying the Interaction of Pro Rata and Escape "Other Insurance" Clauses Under Louisiana Law

Date: Dec 16, 2003

Clarifying the Interaction of Pro Rata and Escape "Other Insurance" Clauses Under Louisiana Law Introduction The case of American International Specialty Lines Insurance Company v. Canal Indemnity...

Kunkle v. Dretke: Establishing Procedural Exhaustion in Ineffective Assistance of Counsel Claims

Date: Dec 10, 2003

Kunkle v. Dretke: Establishing Procedural Exhaustion in Ineffective Assistance of Counsel Claims Introduction In the landmark case Troy Kunkle v. Doug Dretke, Director, Texas Department of Criminal...

Affirmation of the Family Business Exemption under the Migrant and Seasonal Agricultural Worker Protection Act: Garber Farms v. O. Malacara et al.

Date: Dec 10, 2003

Affirmation of the Family Business Exemption under the Migrant and Seasonal Agricultural Worker Protection Act: Garber Farms v. O. Malacara et al. Introduction Garber Farms v. O. Malacara et al. is a...

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