5th Circuit Case Commentaries

Affirmation of Unlawful Strip Searches and Detentions: Kaufman County v. Williams

Date: Dec 10, 2003

Affirmation of Unlawful Strip Searches and Detentions: Kaufman County v. Williams Introduction The case of Oscar D. Williams, Jr., et al. v. Kaufman County adjudicated by the United States Court of...

Affirmation of Summary Judgment in Price Discrimination Case: Infusion Resources v. MiniMed

Date: Dec 6, 2003

Affirmation of Summary Judgment in Price Discrimination Case: Infusion Resources v. MiniMed Introduction In the case of Infusion Resources, Inc. and Diabetes Resources, Inc., doing business as...

Malicious Prosecution under 42 U.S.C. §1983: Constitutionality and Legal Boundaries in CASTELLANO v. FRAGOZO

Date: Dec 6, 2003

Malicious Prosecution under 42 U.S.C. §1983: Constitutionality and Legal Boundaries in CASTELLANO v. FRAGOZO Introduction CASTELLANO v. FRAGOZO, 352 F.3d 939 (5th Cir. 2003) is a landmark case that...

Affirmation of 8 U.S.C. § 1326 Conviction: Implications for Speedy Trial Rights

Date: Dec 3, 2003

Affirmation of 8 U.S.C. § 1326 Conviction: Implications for Speedy Trial Rights Introduction The case of United States of America v. Saul Serna-Villarreal, 352 F.3d 225 (5th Cir. 2003), addresses...

Reaffirming the Common Defense Rule in Fraudulent Joinder: Insights from Smallwood v. Illinois Central Railroad Co.

Date: Dec 2, 2003

Reaffirming the Common Defense Rule in Fraudulent Joinder: Insights from Smallwood v. Illinois Central Railroad Co. Introduction The case of Kelli Smallwood v. Illinois Central Railroad Company;...

Court's Authority Over Arbitration Clause Existence in Contract Formation: Insights from Will-Drill v. Samson Resources

Date: Nov 27, 2003

Court's Authority Over Arbitration Clause Existence in Contract Formation: Insights from Will-Drill v. Samson Resources Introduction The case Will-Drill Resources, Inc. et al. v. Samson Resources Co....

Vogler v. Blackmore: Affirming Grief Expert Testimony and Clarifying Mental Anguish Damages in Wrongful Death Cases

Date: Nov 26, 2003

Vogler v. Blackmore: Affirming Grief Expert Testimony and Clarifying Mental Anguish Damages in Wrongful Death Cases Introduction In Vogler v. Blackmore, the United States Court of Appeals for the...

Actual Knowledge Exception Upholds Indemnity Clauses in Drilling Contracts

Date: Nov 19, 2003

Actual Knowledge Exception Upholds Indemnity Clauses in Drilling Contracts Introduction The legal landscape of oil and gas drilling contracts was significantly shaped by the United States Court of...

Excluding Equitable Accounting Costs from Diversity Jurisdiction: Analysis of Garcia v. Koch Oil Company

Date: Nov 19, 2003

Excluding Equitable Accounting Costs from Diversity Jurisdiction: Analysis of Garcia v. Koch Oil Company Introduction The case of Hector Garcia, et al. v. Koch Oil Company of Texas Inc., decided by...

Exhaustion of Administrative Remedies and Minimal Physical Injury: Insights from Alexander v. Tippah County

Date: Nov 18, 2003

Exhaustion of Administrative Remedies and Minimal Physical Injury: Insights from Alexander v. Tippah County Introduction The case of Tyrone Alexander and Kevin Carroll v. Tippah County deliberated on...

Uniform Application of Objective Qualifications Essential for Prima Facie Employment Discrimination Cases

Date: Nov 15, 2003

Uniform Application of Objective Qualifications Essential for Prima Facie Employment Discrimination Cases Introduction In Catherine V. Johnson v. State of Louisiana et al., adjudicated by the United...

Disparate Impact Not Recognized Under ADEA: Analysis of Smith v. City of Jackson

Date: Nov 14, 2003

Disparate Impact Not Recognized Under ADEA: Comprehensive Analysis of Smith v. City of Jackson, Mississippi Introduction In Smith et al. v. City of Jackson, Mississippi, 351 F.3d 183 (5th Cir. 2003),...

Affirmation of Due Process Protections in § 1983 Claims: Andres A v. la Rivera; Ana Maria A

Date: Nov 8, 2003

Affirmation of Due Process Protections in § 1983 Claims: Andres A v. la Rivera; Ana Maria A Introduction The case of Andres A v. la Rivera; Ana Maria A (349 F.3d 244) involves the tragic death of...

Southwestern Bell v. El Paso: Affirmation of Telecommunications Rights under Texas Utility Code § 181.082 and Federal Law Implications

Date: Nov 1, 2003

Southwestern Bell v. El Paso: Affirmation of Telecommunications Rights under Texas Utility Code § 181.082 and Federal Law Implications Introduction The case of Southwestern Bell Telephone Company v....

Ineffective Assistance of Counsel in Sentencing Beyond Statutory Maximum: United States v. Conley

Date: Oct 31, 2003

Ineffective Assistance of Counsel in Sentencing Beyond Statutory Maximum: United States v. Conley Introduction United States v. James Earl Conley, 349 F.3d 837 (5th Cir. 2003), is a landmark case...

Ambiguity in Netting Agreements: The Reliant Energy Services v. Enron Canada Decision

Date: Oct 30, 2003

Ambiguity in Netting Agreements: The Reliant Energy Services v. Enron Canada Decision Introduction The case Reliant Energy Services, Inc. v. Enron Canada Corp. (349 F.3d 816) adjudicated by the...

Extending the Scope of Traffic Stops: Reasonable Suspicion and Passenger Rights

Date: Oct 24, 2003

Extending the Scope of Traffic Stops: Reasonable Suspicion and Passenger Rights Introduction In the case of United States of America v. Issac Remon Grant, 349 F.3d 192 (5th Cir. 2003), the United...

Affirmation of State Court Property Division in Bankruptcy §548 Avoidance Actions

Date: Oct 24, 2003

Affirmation of State Court Property Division in Bankruptcy §548 Avoidance Actions Introduction The case of In The Matter Of: Margaret Anne Erlewine Debtor. Ronald E. Ingalls, Trustee, Appellant v....

Conspiracy Indictments Without Identified Co-Conspirators: Upholding Convictions in UNITED STATES v. Thomas

Date: Oct 11, 2003

Conspiracy Indictments Without Identified Co-Conspirators: Upholding Convictions in UNITED STATES v. Thomas Introduction The case of UNITED STATES of America v. Eric Desmond Thomas (348 F.3d 78, 5th...

Tittle v. Enron: Directed Trustees’ “Know or Should Know” Duty and ERISA Fiduciary Disclosure Despite Securities-Law Tensions

Date: Oct 1, 2003

Tittle v. Enron: Directed Trustees’ “Know or Should Know” Duty and ERISA Fiduciary Disclosure Despite Securities-Law Tensions Introduction In this landmark memorandum and order within the sprawling...

Previous Next