5th Circuit Case Commentaries

Affirmation of Rule 11(b)(1) Sanctions for Improper Purpose in Execution of Judgment: Whitehead v. Kmart

Date: Jul 18, 2003

Affirmation of Rule 11(b)(1) Sanctions for Improper Purpose in Execution of Judgment: Whitehead v. Kmart Introduction Whitehead v. Kmart Corporation is a pivotal appellate decision from the United...

RILEY v. COCKRELL: Reinforcing Standards for Ineffective Assistance of Counsel in Capital Cases

Date: Jul 17, 2003

RILEY v. COCKRELL: Reinforcing Standards for Ineffective Assistance of Counsel in Capital Cases Introduction RILEY v. COCKRELL is a pivotal case adjudicated by the United States Court of Appeals for...

Defining Judicial Recusal Standards: Insights from Andrade et al. v. United States

Date: Jul 15, 2003

Defining Judicial Recusal Standards: Insights from Andrade et al. v. United States Introduction In the landmark case Isabel G. Andrade et al. v. United States, the United States Court of Appeals for...

Complete Preemption under ERISA §502(a)(1)(B) Affirms Federal Jurisdiction – Arana v. Ochsner Health Plan

Date: Jul 11, 2003

Complete Preemption under ERISA §502(a)(1)(B) Affirms Federal Jurisdiction – Arana v. Ochsner Health Plan Introduction Julio C. ARANA v. OCHSNER HEALTH PLAN, INC. is a pivotal case decided by the...

Fifth Circuit Establishes Limits on Direct Liability of Third-Party Defendants under Fed. R. Civ. P. 14(c) in Maritime Contract Disputes

Date: Jul 10, 2003

Fifth Circuit Establishes Limits on Direct Liability of Third-Party Defendants under Fed. R. Civ. P. 14(c) in Maritime Contract Disputes Introduction The case of TEXAS AM RESEARCH FOUNDATION v. MAGNA...

ERISA Fiduciary Duty on Disclosure of Benefit Plan Changes: Martinez v. Schlumberger

Date: Jul 10, 2003

ERISA Fiduciary Duty on Disclosure of Benefit Plan Changes: Martinez v. Schlumberger Introduction The case of William Martinez, Frank Ditta, and Lafayette Kirksey v. Schlumberger, Ltd., adjudicated...

Fifth Circuit Upholds Mobil's Subscriber Status, Dismisses RICO Claims, and Rules Judicial Recusal as Harmless Error

Date: Jul 9, 2003

Fifth Circuit Upholds Mobil's Subscriber Status, Dismisses RICO Claims, and Rules Judicial Recusal as Harmless Error Introduction In the landmark case of PATTERSON v. MOBIL OIL CORPoration, decided...

Reaffirming Exhaustion of State Remedies and Strickland Standards in Anderson v. Johnson

Date: Jul 9, 2003

Reaffirming Exhaustion of State Remedies and Strickland Standards in Anderson v. Johnson 1. Introduction Anderson v. Johnson, 338 F.3d 382 (5th Cir. 2003), is a significant appellate decision by the...

Trademark Infringement Excluded from "Advertising Injury" in Insurance Coverage: Sport Supply Group, Inc. v. Columbia Casualty Co.

Date: Jul 8, 2003

Trademark Infringement Excluded from "Advertising Injury" in Insurance Coverage: Sport Supply Group, Inc. v. Columbia Casualty Co. Introduction The case of Sport Supply Group, Inc. v. Columbia...

Fifth Circuit Clarifies MSP Statute's Applicability to Tort Settlements

Date: Jul 8, 2003

Fifth Circuit Clarifies MSP Statute's Applicability to Tort Settlements Introduction In the landmark case of Tommy Thompson, Secretary, Department of Health and Human Services v. Ces, the United...

Affirmation of Reasonable Suspicion in Extended Traffic Stops: United States v. Sanchez-Pena

Date: Jun 28, 2003

Affirmation of Reasonable Suspicion in Extended Traffic Stops: United States v. Sanchez-Pena Introduction In the case of United States of America v. Fidencio Sanchez-Pena, the United States Court of...

Affirmation of Dismissal Under FCA: High Standards for Fraud Allegations

Date: Jun 27, 2003

Affirmation of Dismissal Under FCA: High Standards for Fraud Allegations Introduction In the case of UNITED STATES of America, ex rel. Ir v. n WILLARD, 336 F.3d 375 (5th Cir. 2003), the Fifth Circuit...

Secured Lender Classification in PACA Claims: Reaves Brokerage Co. v. Fidelity Factors LLC

Date: Jun 27, 2003

Secured Lender Classification in PACA Claims: Reaves Brokerage Co. v. Fidelity Factors LLC Introduction The case of Reaves Brokerage Company, Inc. v. Sunbelt Fruit Vegetable Company, Inc. et al.,...

Commerce Clause and State Economic Discrimination: Affirmation in Dickerson v. Bailey

Date: Jun 27, 2003

Commerce Clause and State Economic Discrimination: Affirmation in Dickerson v. Bailey Introduction The case of Dickerson v. Bailey, adjudicated by the United States Court of Appeals for the Fifth...

Third-Party Collateral Attacks on Final Criminal Judgments Lack Standing: Ste v. McClure

Date: Jun 21, 2003

Third-Party Collateral Attacks on Final Criminal Judgments Lack Standing: Ste v. McClure Introduction In Ste v. McClure; Clayton Smith; Michael Behan, Plaintiffs-Appellees, (335 F.3d 404), the United...

Becker v. Tidewater: Clarifying Seaman Status Under the Jones Act

Date: Jun 20, 2003

Becker v. Tidewater: Clarifying Seaman Status Under the Jones Act Introduction Becker v. Tidewater is a pivotal case decided by the United States Court of Appeals for the Fifth Circuit on June 19,...

Antisuit Injunctions under the New York Convention: Insights from Karaha Bodas Co. v. Pertamina

Date: Jun 19, 2003

Antisuit Injunctions under the New York Convention: Insights from Karaha Bodas Co. v. Perusahaan Pertambangan Minyak Dan Gas Bumi Negara Introduction The case of Karaha Bodas Company, L.L.C. (KBC) v....

Enforcement of Non-Disclosure and Non-Solicitation Agreements under Texas Law: Insights from Guy Carpenter Co., Inc. v. Anthony Provenzale

Date: Jun 18, 2003

Enforcement of Non-Disclosure and Non-Solicitation Agreements under Texas Law: Insights from Guy Carpenter Co., Inc. v. Anthony Provenzale Introduction The case of Guy Carpenter Company, Inc. v....

Domicile Determination in Diversity Jurisdiction: Insights from Acridge v. Good Samaritan Society

Date: Jun 17, 2003

Domicile Determination in Diversity Jurisdiction: Insights from Acridge v. Good Samaritan Society Introduction The case of Mary Virginia Acridge, Individually and as Independent Executrix of the...

Inadequate Prison Law Libraries as State-Created Impediments under AEDPA

Date: Jun 14, 2003

Inadequate Prison Law Libraries as State-Created Impediments under AEDPA Introduction The case of Jack Donald Egerton, Jr. v. Janie Cockrell, Director, Texas Department of Criminal Justice addresses...

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