5th Circuit Case Commentaries

Affirmation of Chevron’s Summary Judgment in Employment Discrimination Case

Date: Jun 14, 2003

Affirmation of Chevron’s Summary Judgment in Employment Discrimination Case Introduction Ronald H. Manning, an African American male, served Chevron Chemical Company, LLC (“Chevron”) for...

Strict Adherence to PSLRA Standards in Securities Fraud Litigation: Rosenzweig v. Azurix Corp.

Date: Jun 14, 2003

Strict Adherence to PSLRA Standards in Securities Fraud Litigation: Rosenzweig v. Azurix Corp. Introduction The case of Rosenzweig v. Azurix Corp. (No. 02-20804) adjudicated by the United States...

Enforcement of Agent's Liability in Contractual Agreements Despite Agency Claims: INSTONE v. ISP

Date: Jun 13, 2003

Enforcement of Agent's Liability in Contractual Agreements Despite Agency Claims: INSTONE v. ISP Introduction The case of INSTONE TRAVEL TECH MARINE OFFSHORE, Plaintiff-Appellee-Cross-Appellant, v....

RESPA §2614 Limitations Period Commences at Closing: Fifth Circuit Upholds One-Year Bar on Claims

Date: Jun 12, 2003

RESPA §2614 Limitations Period Commences at Closing: Fifth Circuit Upholds One-Year Bar on Claims Introduction In the consolidated cases of Anna D. Snow et al. v. First American Title Insurance...

Musmeci v. Schwegmann: Defining In-Kind Benefits under ERISA and Implications for Self-Insured Retentions

Date: Jun 12, 2003

Musmeci v. Schwegmann: Defining In-Kind Benefits under ERISA and Implications for Self-Insured Retentions Introduction The case of Musmeci et al. v. Schwegmann Giant Super Markets, Inc. et al.,...

Affirmation of Conspiracy to Distribute Crack Cocaine: United States v. Booker and Ruiz

Date: Jun 12, 2003

Affirmation of Conspiracy to Distribute Crack Cocaine: United States v. Booker and Ruiz Introduction In the landmark case of United States v. Booker, et al., the United States Court of Appeals for...

Application of AEDPA and Strickland in Evaluating Ineffective Assistance Claims: Henderson v. Cockrell

Date: Jun 10, 2003

Application of AEDPA and Strickland in Evaluating Ineffective Assistance Claims: Henderson v. Cockrell Introduction In James Lee Henderson v. Janie Cockrell, the United States Court of Appeals for...

Enhanced Protections Against Pregnancy Discrimination: Analysis of Laxton v. Gap Inc.

Date: Jun 7, 2003

Enhanced Protections Against Pregnancy Discrimination: Analysis of Laxton v. Gap Inc. Introduction Laxton v. Gap Inc. (333 F.3d 572, 5th Cir. 2003) is a pivotal appellate decision addressing the...

Enforceability of Merger Clauses and Time-Barred Claims in Contractual Disputes: Analysis of Armstrong v. American Home Shield

Date: Jun 7, 2003

Enforceability of Merger Clauses and Time-Barred Claims in Contractual Disputes: Analysis of Armstrong v. American Home Shield Introduction The case of John Armstrong and Dan Armstrong v. American...

Establishing Qualified Immunity in Public Employment Disputes: Finch v. Fort Bend ISD

Date: Jun 6, 2003

Establishing Qualified Immunity in Public Employment Disputes: Finch v. Fort Bend Independent School District Introduction The case of Patsy Finch v. Fort Bend Independent School District (333 F.3d...

Deliberate Indifference in Prisoner Protection: Comprehensive Analysis of Adames v. Perez et al.

Date: Jun 5, 2003

Deliberate Indifference in Prisoner Protection: Comprehensive Analysis of Adames v. Perez et al. Introduction Case: Ciro Cid ADAMES v. Orlando PEREZ; et al., 331 F.3d 508 (5th Cir. 2003) Court:...

Affirmation of Eleventh Amendment Immunity and Establishment Clause in State Symbol Cases: Briggs v. State of Mississippi

Date: Jun 4, 2003

Affirmation of Eleventh Amendment Immunity and Establishment Clause in State Symbol Cases: Briggs v. State of Mississippi Introduction Briggs v. State of Mississippi, 331 F.3d 499 (5th Cir. 2003), is...

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5th Circuit Case Commentaries

Affirmation of Chevron’s Summary Judgment in Employment Discrimination Case

Strict Adherence to PSLRA Standards in Securities Fraud Litigation: Rosenzweig v. Azurix Corp.

Enforcement of Agent's Liability in Contractual Agreements Despite Agency Claims: INSTONE v. ISP

RESPA §2614 Limitations Period Commences at Closing: Fifth Circuit Upholds One-Year Bar on Claims

Musmeci v. Schwegmann: Defining In-Kind Benefits under ERISA and Implications for Self-Insured Retentions

Affirmation of Conspiracy to Distribute Crack Cocaine: United States v. Booker and Ruiz

Application of AEDPA and Strickland in Evaluating Ineffective Assistance Claims: Henderson v. Cockrell

Enhanced Protections Against Pregnancy Discrimination: Analysis of Laxton v. Gap Inc.

Enforceability of Merger Clauses and Time-Barred Claims in Contractual Disputes: Analysis of Armstrong v. American Home Shield

Establishing Qualified Immunity in Public Employment Disputes: Finch v. Fort Bend ISD

Deliberate Indifference in Prisoner Protection: Comprehensive Analysis of Adames v. Perez et al.

Affirmation of Eleventh Amendment Immunity and Establishment Clause in State Symbol Cases: Briggs v. State of Mississippi

Affirmation and Limitation of Qualified Immunity in Juvenile Correctional Practices: A Commentary on Da v. Austin

Discharge of Divorce-Related Debts Under Bankruptcy Code: Insights from Robertson v. Dennis

Clarifying the Burden-Shifting Framework in ADEA Age Discrimination: Insights from West v. Nabors Drilling USA, Inc.

Affirmation of Due Process Rights in Extended Lockdown: Wilkerson v. Stalder

Evett v. Graham and Mendiola: New Precedent on Qualified Immunity for Supervisory Law Enforcement Officers

Beeler v. Rounsavall: Upholding Summary Judgment in 'Class of One' Equal Protection Claims

Impact of Aggravated Felony Classification on Deportation Proceedings: NAVARRO-MIRANDA v. ASHCROFT

Enhanced Pleading Requirements and Sanctions in Civil Forfeiture: Insights from United States v. White and Jackson