5th Circuit Case Commentaries

Attribution of Drug Quantities in Conspiracy Cases Post-Apprendi: Insights from United States v. Turner

Date: Jan 28, 2003

Attribution of Drug Quantities in Conspiracy Cases Post-Apprendi: Insights from United States v. Turner Introduction The case of United States v. John Turner (319 F.3d 716, 5th Cir. 2003) presents a...

Affirmation of Controlled Substance Possession Standards Post-Apprendi: United States v. Gamez-Gonzalez

Date: Jan 28, 2003

Affirmation of Controlled Substance Possession Standards Post-Apprendi: United States v. Gamez-Gonzalez Introduction The case of United States of America v. Jose Alberto Gamez-Gonzalez (319 F.3d 695)...

Finality of Convictions for Habeas Corpus Under 28 U.S.C. §2244(d)(1): Comprehensive Analysis of Floyd Cal v. Roberts

Date: Jan 25, 2003

Finality of Convictions for Habeas Corpus Under 28 U.S.C. §2244(d)(1): Comprehensive Analysis of Floyd Cal v. Roberts Introduction Floyd Calvin Roberts, an inmate from Rosharon, Texas, challenged the...

Establishing Substantial Justification for Government Positions under the EAJA and Clarifying Interest Entitlement under the Prompt Payment Act

Date: Jan 23, 2003

Establishing Substantial Justification for Government Positions under the EAJA and Clarifying Interest Entitlement under the Prompt Payment Act Introduction In Charles Davidson, doing business as...

Willful Infringement as a Prerequisite for Accounting of Profits in Trademark Cases

Date: Jan 21, 2003

Willful Infringement as a Prerequisite for Accounting of Profits in Trademark Cases Introduction The case Quick Technologies, Inc. v. The Sage Group PLC and Sage US Holdings, Inc. (313 F.3d 338)...

Ambiguity in 18 U.S.C. § 924(c)(1): Limiting Multiple Firearm Convictions in the Fifth Circuit

Date: Jan 16, 2003

Ambiguity in 18 U.S.C. § 924(c)(1): Limiting Multiple Firearm Convictions in the Fifth Circuit Introduction In the case of UNITED STATES of America v. Michael Shane Phipps and Dean Rayburn Gilley,...

Strengthening Summary Judgment Standards: Guerin et al. v. Pointe Coupee Parish Nursing Home

Date: Jan 11, 2003

Strengthening Summary Judgment Standards: Guerin et al. v. Pointe Coupee Parish Nursing Home Introduction The case of Thelma M. Guerin, Doris J. Tircuit, and Geraldine Simmons v. Pointe Coupee Parish...

Strict Adherence to Federal Rule 16(b) in Amending Pleadings: Implications from SW Enterprises v. SouthTrust Bank

Date: Jan 7, 2003

Strict Adherence to Federal Rule 16(b) in Amending Pleadings: Implications from SW Enterprises v. SouthTrust Bank Introduction The appellate case SW Enterprises, L.L.C. v. SouthTrust Bank of Alabama,...

Affirmation of Summary Judgment in FCI USA, Inc. v. Regina White: Implications for Amount in Controversy and Wrongful Termination Claims

Date: Jan 4, 2003

Affirmation of Summary Judgment in FCI USA, Inc. v. Regina White: Implications for Amount in Controversy and Wrongful Termination Claims Introduction The case of Regina White v. FCI USA, Inc.,...

Personal Jurisdiction and Internet Bulletin Boards: Insights from Oli v. Revell

Date: Jan 1, 2003

Personal Jurisdiction and Internet Bulletin Boards: Insights from Oli v. Revell Introduction Oli v. Revell, 317 F.3d 467 (5th Cir. 2002), is a pivotal case addressing the complexities of personal...

Equitable Tolling and Counsel Errors in 28 U.S.C. §2255 Motions: United States v. Riggs

Date: Dec 31, 2002

Equitable Tolling and Counsel Errors in 28 U.S.C. §2255 Motions: United States v. Riggs Introduction United States of America v. Kevin Riggs, 314 F.3d 796 (5th Cir. 2002), is a pivotal case...

Conflict-Free Counsel and Effective Assistance: Insights from United States v. Newell & Gianakos

Date: Dec 20, 2002

Conflict-Free Counsel and Effective Assistance: Insights from United States v. Newell & Gianakos Introduction The case of United States of America v. Clifford D. Newell; Kim Gianakos (315 F.3d 510)...

U.S. v. Bass: Defining Managerial Control in §848(c) CCE Convictions

Date: Dec 20, 2002

U.S. v. Bass: Defining Managerial Control in §848(c) CCE Convictions Introduction United States of America v. Kerry L. Bass, 310 F.3d 321 (5th Cir. 2002), is a pivotal case adjudicated by the United...

Fraudulent Misjoinder of Plaintiffs Does Not Entitle Mandamus Relief to Challenge Diversity Jurisdiction

Date: Dec 19, 2002

Fraudulent Misjoinder of Plaintiffs Does Not Entitle Mandamus Relief to Challenge Diversity Jurisdiction Introduction The case In re: Benjamin Moore Co., decided by the United States Court of Appeals...

Qualified Immunity in Racial Discrimination Claims: Analysis of Felton v. Carter, 315 F.3d 470 (5th Cir. 2002)

Date: Dec 18, 2002

Qualified Immunity in Racial Discrimination Claims: Analysis of Felton v. Carter, 315 F.3d 470 (5th Cir. 2002) Introduction The case of Felton v. Carter addresses critical issues surrounding racial...

Exclusion of Billing Services from Title II and Consumer Standing under DTPA Upheld – Brittan Communications v. Southwestern Bell

Date: Dec 17, 2002

Exclusion of Billing Services from Title II and Consumer Standing under DTPA Upheld – Brittan Communications v. Southwestern Bell Introduction In the case of Brittan Communications International...

Reaffirmation of Defendant's Right to Testify: United States v. Mullins

Date: Dec 17, 2002

Reaffirmation of Defendant's Right to Testify: United States v. Mullins Introduction The case of United States of America v. Michael John Mullins (315 F.3d 449) represents a significant appellate...

Julian v. City of Houston: ADEA Suit Initiation without EEOC Right-to-Sue Notice and Front Pay Eligibility

Date: Dec 12, 2002

Julian v. City of Houston: ADEA Suit Initiation without EEOC Right-to-Sue Notice and Front Pay Eligibility Introduction In Julian v. City of Houston, the United States Court of Appeals for the Fifth...

Liability of Financial Advisors in Class Actions: An Analysis of GREAT PLAINS TRUST COMPANY v. MORGAN STANLEY DEAN WITTER CO.

Date: Dec 10, 2002

Liability of Financial Advisors in Class Actions: An Analysis of GREAT PLAINS TRUST COMPANY v. MORGAN STANLEY DEAN WITTER CO. Introduction The case of Great Plains Trust Company and Kornitzer Capital...

Affirmation of IRS Classification of Tax Liabilities and Procedural Requirements in Quiet-Title Actions: Perez v. United States

Date: Nov 28, 2002

Affirmation of IRS Classification of Tax Liabilities and Procedural Requirements in Quiet-Title Actions: Perez v. United States Introduction Jose A. Perez, a pro se plaintiff, initiated a legal...

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