5th Circuit Case Commentaries

Appointment of Counsel in Post-Sentencing Amendments: United States v. Robinson

Date: Sep 11, 2008

Appointment of Counsel in Post-Sentencing Amendments: United States v. Robinson Introduction The case of United States of America v. Clarence Robinson (542 F.3d 1045) adjudicated by the United States...

ASARCO v. Americas Mining Corp.: Establishing New Legal Precedents on Fraudulent Transfers and Fiduciary Duties in Bankruptcy

Date: Aug 31, 2008

ASARCO LLC, SOUTHERN PERU HOLDINGS, LLC v. AMERICAS MINING CORPORATION: Establishing New Legal Precedents on Fraudulent Transfers and Fiduciary Duties in Bankruptcy Introduction The case of ASARCO...

Enhancing Default Judgment Relief Standards: Insights from Jenkens Gilchrist v. Groia Company

Date: Aug 27, 2008

Enhancing Default Judgment Relief Standards: Insights from Jenkens Gilchrist v. Groia Company Introduction The case of Jenkens Gilchrist, A Professional Corporation, Plaintiff-Appellee, v. Groia...

Ramirez v. Knoulton: Clarifying Qualified Immunity and Excessive Force Standards under the Fourth Amendment

Date: Aug 27, 2008

Ramirez v. Knoulton: Clarifying Qualified Immunity and Excessive Force Standards under the Fourth Amendment Introduction Ramirez v. Knoulton is a landmark case adjudicated by the United States Court...

Fifth Circuit Clarifies Wreck Act Liability: Personal Responsibility Overrides the 1851 Limitation of Liability Act

Date: Aug 26, 2008

Fifth Circuit Clarifies Wreck Act Liability: Personal Responsibility Overrides the 1851 Limitation of Liability Act Introduction The case of In Re: Southern Scrap Material Company, LLC addresses a...

Exclusionary Rule Applied to Unlawful Cell Phone Searches: Zavala v. United States (5th Cir. 2008)

Date: Aug 23, 2008

Exclusionary Rule Applied to Unlawful Cell Phone Searches: Zavala v. United States (5th Cir. 2008) Introduction UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis Zavala, Defendant-Appellant...

ERISA Preemption and Interpretation of Retirement Plan Amendments in CROWELL v. SHELL OIL CO.

Date: Aug 15, 2008

ERISA Preemption and Interpretation of Retirement Plan Amendments in CROWELL v. SHELL OIL CO. Introduction CROWELL v. SHELL OIL CO. (541 F.3d 295) is a pivotal case adjudicated by the United States...

Limits on Class Certification in TCPA Unsolicited Fax Cases: Fifth Circuit's Decision in GENE AND GENE LLC v. BIOPAY LLC

Date: Aug 15, 2008

Limits on Class Certification in TCPA Unsolicited Fax Cases: Fifth Circuit's Decision in GENE AND GENE LLC v. BIOPAY LLC Introduction The case of GENE AND GENE LLC, Individually and as...

Fifth Circuit Affirms Inmate Retaliation Claims Under §1983 in Bibbs v. Early et al.

Date: Aug 13, 2008

Fifth Circuit Affirms Inmate Retaliation Claims Under §1983 in Bibbs v. Early et al. Introduction In Juarez Miguel Bibbs, Plaintiff-Appellant, v. Leslie Early; Jamie Burkholder; Richard Gibson,...

Dynasty Oil and Gas, LLC v. Citizens Bank: Establishing Limits on Post-Confirmation Claims under Chapter 11

Date: Aug 13, 2008

Dynasty Oil and Gas, LLC v. Citizens Bank: Establishing Limits on Post-Confirmation Claims under Chapter 11 Introduction The case of Dynasty Oil and Gas, LLC versus Citizens Bank and other appellees...

Enhanced Standards for Pleading Fraud under Federal and Texas Law: Dorsey v. Portfolio Equities

Date: Aug 12, 2008

Enhanced Standards for Pleading Fraud under Federal and Texas Law: Dorsey v. Portfolio Equities Introduction The case of Robert Dorsey v. Portfolio Equities, Inc., adjudicated by the United States...

Abrogation of State Sovereign Immunity in USERRA Claims: McIntosh v. Partridge

Date: Aug 9, 2008

Abrogation of State Sovereign Immunity in USERRA Claims: McIntosh v. Partridge Introduction In the landmark case of Jonathon C. McIntosh, DDS, Plaintiff-Appellant, v. David Partridge, M.D., the...

Distinguishing Decisionmaking and Policymaking Authority: Bolton v. City of Dallas

Date: Aug 8, 2008

Distinguishing Decisionmaking and Policymaking Authority: Bolton v. City of Dallas Introduction Bolton v. City of Dallas, Texas; City Manager Teodoro Benavides (541 F.3d 545), was a pivotal case...

Reversing Habeas Relief in Geiger v. Cain: A Comprehensive Legal Analysis

Date: Aug 7, 2008

Reversing Habeas Relief in Geiger v. Cain: A Comprehensive Legal Analysis Introduction In the landmark case of Kelly Geiger v. Burl Cain, 540 F.3d 303 (5th Cir. 2008), the United States Court of...

Heck Doctrine Reaffirmed: Bar on Section 1983 Claims Tied to Criminal Convictions in Connors v. Graves et al.

Date: Aug 5, 2008

Heck Doctrine Reaffirmed: Bar on Section 1983 Claims Tied to Criminal Convictions in Connors v. Graves et al. Introduction In the landmark case of Shawn Connors, Plaintiff-Appellant, v. Willie...

Duty to Defend Under Texas 'Eight Corners' Rule: Gore Design Completions v. Hartford Fire Insurance

Date: Aug 5, 2008

Duty to Defend Under Texas 'Eight Corners' Rule: Gore Design Completions v. Hartford Fire Insurance Introduction The case of Gore Design Completions, Ltd. v. Hartford Fire Insurance Co. (538 F.3d...

Limits on Federal Jurisdiction for State-Law Legal Malpractice Claims: Singh v. Duane Morris LLP

Date: Jul 31, 2008

Limits on Federal Jurisdiction for State-Law Legal Malpractice Claims: Singh v. Duane Morris LLP Introduction Singh v. Duane Morris LLP, 538 F.3d 334 (5th Cir. 2008), is a pivotal case that...

Evidentiary Foundations and the Admissibility of NCMEC Reports in Cyber Child Pornography Cases: Commentary on United States v. Samuel E. Baker, Jr.

Date: Jul 31, 2008

Evidentiary Foundations and the Admissibility of NCMEC Reports in Cyber Child Pornography Cases: Commentary on United States v. Samuel E. Baker, Jr. Introduction In United States v. Samuel E. Baker,...

Strong Inference of Scienter Required for Securities Fraud Claims under PSLRA

Date: Jul 30, 2008

Strong Inference of Scienter Required for Securities Fraud Claims under PSLRA Introduction The case of Indiana Electrical Workers' Pension Trust Fund IBEW et al. v. Shaw Group, Inc. et al. revolves...

Ineffective Assistance of Counsel under AEDPA: Analyzing Pondexter v. Quarterman

Date: Jul 30, 2008

Ineffective Assistance of Counsel under AEDPA: Analyzing Pondexter v. Quarterman Introduction Pondexter v. Quarterman, 537 F.3d 511 (5th Cir. 2008), is a pivotal case that examines the boundaries of...