5th Circuit Case Commentaries

Defining Policy Exclusions on Employee Dishonesty: Performance Autoplex II Ltd. v. Mid-Continent Casualty Co.

Date: Mar 19, 2003

Defining Policy Exclusions on Employee Dishonesty: Performance Autoplex II Ltd. v. Mid-Continent Casualty Co. Introduction In the landmark case of Performance Autoplex II Ltd.; Performance Ford L.P....

Heightened Duty of Care for Common Carriers: Felton v. Greyhound Lines

Date: Mar 18, 2003

Heightened Duty of Care for Common Carriers: Felton v. Greyhound Lines Introduction Theresa J. Felton v. Greyhound Lines, Inc., 324 F.3d 771 (5th Cir. 2003), serves as a pivotal case in delineating...

Affirmation of Abuse of Trust Enhancement in Fraud Sentencing Under U.S.S.G. § 3B1.3

Date: Mar 18, 2003

Affirmation of Abuse of Trust Enhancement in Fraud Sentencing Under U.S.S.G. § 3B1.3 Introduction In the case of UNITED STATES of America v. Ruby Buck, decided by the United States Court of Appeals...

Derivative Standing under ERISA: Tang Transport v. Healthcare Financial Services LLC

Date: Mar 13, 2003

Derivative Standing under ERISA: Tango Transport v. Healthcare Financial Services LLC Introduction In Tango Transport, Plaintiff-Counter Defendant-Appellee, v. Healthcare Financial Services LLC,...

Fifth Circuit Sets Precedent: Unissued Tax Credits Do Not Constitute Property under 18 U.S.C. § 1341

Date: Mar 11, 2003

Fifth Circuit Sets Precedent: Unissued Tax Credits Do Not Constitute Property under 18 U.S.C. § 1341 Introduction The case of UNITED STATES of America v. Florita Bell Griffin, Terrence Bernard...

Exemption from Exhausting Administrative Remedies for Extra-Contractual Claims in Workers' Compensation Cases

Date: Mar 8, 2003

Exemption from Exhausting Administrative Remedies for Extra-Contractual Claims in Workers' Compensation Cases Introduction The case of Gregson v. Zurich American Insurance Company (322 F.3d 883, 5th...

Affirmation of Conviction Based on Sufficiency of Evidence in Drug Distribution: United States v. Villarreal

Date: Mar 7, 2003

Affirmation of Conviction Based on Sufficiency of Evidence in Drug Distribution: United States v. Villarreal Introduction United States v. Rodolfo Ricardo Villarreal, decided by the United States...

Establishing Personal Jurisdiction Through Purposeful Availment: Central Freight Lines Inc. v. APA Transport Corp.

Date: Mar 6, 2003

Establishing Personal Jurisdiction Through Purposeful Availment: Central Freight Lines Inc. v. APA Transport Corp. Introduction The case of Central Freight Lines Inc. (CFL) v. APA Transport Corp.,...

Reaffirmation of Brecht's Harmless Error Standard Under AEDPA: Robertson v. Cain

Date: Mar 6, 2003

Reaffirmation of Brecht's Harmless Error Standard Under AEDPA: Robertson v. Cain Introduction Donald Ray Robertson, a prisoner at the Louisiana State Penitentiary, appealed his conviction for two...

Kane Enterprises v. MacGregor (USA) Inc.: Establishing Jurisdictional Boundaries for Sub-Subcontractor Claims

Date: Feb 28, 2003

Kane Enterprises v. MacGregor (USA) Inc.: Establishing Jurisdictional Boundaries for Sub-Subcontractor Claims Introduction Kane Enterprises v. MacGregor (USA) Inc., 322 F.3d 371 (5th Cir. 2003), is a...

Remanding Arbitration Fraud Claims: American Heritage v. Lang

Date: Feb 27, 2003

Remanding Arbitration Fraud Claims: American Heritage v. Lang Introduction The case of American Heritage Life Insurance Company; First Colonial Insurance Company; and Fidelity National Corporation,...

Defining "Ultimate Employment Decision" in Title VII Retaliation Claims: Insights from Hernandez v. Crawford Building Material Co.

Date: Feb 22, 2003

Defining "Ultimate Employment Decision" in Title VII Retaliation Claims: Insights from Hernandez v. Crawford Building Material Co. Introduction Hernandez v. Crawford Building Material Company, 321...

Exhaustion of Administrative Remedies Under §1997e: Implications from Frank Days v. Gary Johnson

Date: Feb 22, 2003

Exhaustion of Administrative Remedies Under §1997e: Implications from Frank Days v. Gary Johnson Introduction Frank Days v. Gary L. Johnson, 322 F.3d 863 (5th Cir. 2003), is a pivotal appellate...

Adverse Employment Action under Title VII and §1983: Analysis of Banks v. East Baton Rouge Parish School Board

Date: Feb 20, 2003

Adverse Employment Action under Title VII and §1983: Analysis of Banks v. East Baton Rouge Parish School Board Introduction The case of Dolores Banks et al. v. East Baton Rouge Parish School Board...

Admissibility of Expert Testimony on Marijuana-Induced Impairment in Wrongful Death Cases: Fifth Circuit Sets New Precedent

Date: Feb 20, 2003

Admissibility of Expert Testimony on Marijuana-Induced Impairment in Wrongful Death Cases: Fifth Circuit Sets New Precedent Introduction The case of Sonia Bocanegra v. Vicmar Services, Inc. et al. is...

Differentiating Class Certification Standards: Fifth Circuit Clarifies Rule 23(b)(2) vs. 23(b)(3) in Misrepresentation Claims

Date: Feb 15, 2003

Differentiating Class Certification Standards: Fifth Circuit Clarifies Rule 23(b)(2) vs. 23(b)(3) in Misrepresentation Claims Introduction The case of Donnie McManus and June McManus v. Fleetwood...

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