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  • Commentaries
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5th Circuit Case Commentaries

Ramirez v. City of San Antonio: Affirming ADA Limitations Period and Rejecting Equitable Tolling

Ramirez v. City of San Antonio: Affirming ADA Limitations Period and Rejecting Equitable Tolling

Date: Nov 27, 2002
Ramirez v. City of San Antonio: Affirming ADA Limitations Period and Rejecting Equitable Tolling Introduction Ramirez v. City of San Antonio; City Public Service Board is a significant appellate...
Federal Appellate Court Upholds Multi-Count Fraud and Money Laundering Convictions: Implications for Pretrial Procedures and Sentencing

Federal Appellate Court Upholds Multi-Count Fraud and Money Laundering Convictions: Implications for Pretrial Procedures and Sentencing

Date: Nov 23, 2002
Federal Appellate Court Upholds Multi-Count Fraud and Money Laundering Convictions: Implications for Pretrial Procedures and Sentencing Introduction In the case of United States of America v. Arthur...
Affirming Magistrate Judges' Authority in Guilty Plea Proceedings Despite Procedural Referral Errors: An Analysis of Bolivar-Munoz & Mendoza-Carbajal

Affirming Magistrate Judges' Authority in Guilty Plea Proceedings Despite Procedural Referral Errors: An Analysis of Bolivar-Munoz & Mendoza-Carbajal

Date: Nov 21, 2002
Affirming Magistrate Judges' Authority in Guilty Plea Proceedings Despite Procedural Referral Errors: An Analysis of Bolivar-Munoz & Mendoza-Carbajal Introduction The cases of United States of...
Establishing "Prevailing Party" Status Under 42 U.S.C. § 1988: Insights from Walker v. City of Mesquite

Establishing "Prevailing Party" Status Under 42 U.S.C. § 1988: Insights from Walker v. City of Mesquite

Date: Nov 20, 2002
Establishing "Prevailing Party" Status Under 42 U.S.C. § 1988: Insights from Walker v. City of Mesquite Introduction The case of Debra Walker et al. v. City of Mesquite et al. serves as a pivotal...
Fundamental Fairness in Immigration Removal Hearings: Insights from United States v. Lopez-Ortiz

Fundamental Fairness in Immigration Removal Hearings: Insights from United States v. Lopez-Ortiz

Date: Nov 19, 2002
Fundamental Fairness in Immigration Removal Hearings: Insights from United States v. Lopez-Ortiz Introduction United States of America v. Joel Lopez-Ortiz, 313 F.3d 225 (5th Cir. 2002), is a pivotal...
Reversal in Prisoner §1983 Claims: Emphasizing Physical Injury Requirements under 42 U.S.C. §1997e(e)

Reversal in Prisoner §1983 Claims: Emphasizing Physical Injury Requirements under 42 U.S.C. §1997e(e)

Date: Nov 16, 2002
Reversal in Prisoner §1983 Claims: Emphasizing Physical Injury Requirements under 42 U.S.C. §1997e(e) Introduction The case of Edward James Calhoun, Jr. v. Clyde Hargrove; Mark Atkins (312 F.3d 730),...
Enforcement of Appeal Waivers in Federal Plea Agreements: United States v. Baymon

Enforcement of Appeal Waivers in Federal Plea Agreements: United States v. Baymon

Date: Nov 16, 2002
Enforcement of Appeal Waivers in Federal Plea Agreements: United States v. Baymon Introduction In the case of United States v. Baymon, the United States Court of Appeals for the Fifth Circuit...
Immunity from Prescription Not Extending to State Agencies: Analyzing Terrebonne Parish School Board v. Mobil Oil Corporation

Immunity from Prescription Not Extending to State Agencies: Analyzing Terrebonne Parish School Board v. Mobil Oil Corporation

Date: Nov 14, 2002
Immunity from Prescription Not Extending to State Agencies: Analyzing Terrebonne Parish School Board v. Mobil Oil Corporation Introduction Terrebonne Parish School Board v. Mobil Oil Corporation, 310...
United States v. Matthews: Upholding Sentence Enhancements in Light of Apprendi

United States v. Matthews: Upholding Sentence Enhancements in Light of Apprendi

Date: Nov 13, 2002
United States v. Matthews: Upholding Sentence Enhancements in Light of Apprendi Introduction United States v. Jeffrey Matthews is a pivotal case adjudicated by the United States Court of Appeals for...
Strict Adherence to Habeas Corpus Filing Deadlines in Shareef Cousin v. C. Martin Lensing

Strict Adherence to Habeas Corpus Filing Deadlines in Shareef Cousin v. C. Martin Lensing

Date: Nov 13, 2002
Strict Adherence to Habeas Corpus Filing Deadlines in Shareef Cousin v. C. Martin Lensing Introduction Shareef Cousin v. C. Martin Lensing, 310 F.3d 843 (5th Cir. 2002), is a pivotal case addressing...
Reversal of Habeas Relief Reinforces Deference to State Court Findings on Ineffective Assistance and Penry Mitigation Instructions – Smith v. Cockrell

Reversal of Habeas Relief Reinforces Deference to State Court Findings on Ineffective Assistance and Penry Mitigation Instructions – Smith v. Cockrell

Date: Nov 5, 2002
Reversal of Habeas Relief Reinforces Deference to State Court Findings on Ineffective Assistance and Penry Mitigation Instructions – Smith v. Cockrell Introduction Robert Smith, the petitioner in...
Strict Interpretation of the Hague Convention's Article 10(a) in Fagioli v. Nuovo Pignone

Strict Interpretation of the Hague Convention's Article 10(a) in Fagioli v. Nuovo Pignone

Date: Nov 1, 2002
Strict Interpretation of the Hague Convention's Article 10(a) in Fagioli v. Nuovo Pignone Introduction The case of Nuovo Pignone, SpA v. Fagioli SpA (310 F.3d 374, 5th Cir. 2002) serves as a pivotal...
Express Negligence Rule in Indemnity Agreements: Analysis of Quorum Health Resources v. Maverick County Hospital District

Express Negligence Rule in Indemnity Agreements: Analysis of Quorum Health Resources v. Maverick County Hospital District

Date: Oct 30, 2002
Express Negligence Rule in Indemnity Agreements: Analysis of Quorum Health Resources v. Maverick County Hospital District Introduction The case of Quorum Health Resources, L.L.C. v. Maverick County...
Affirmation of Summary Judgment in Age Discrimination Case: Sandstad v. CB Richard Ellis

Affirmation of Summary Judgment in Age Discrimination Case: Sandstad v. CB Richard Ellis

Date: Oct 29, 2002
Affirmation of Summary Judgment in Age Discrimination Case: Sandstad v. CB Richard Ellis Introduction The case of Kenneth D. Sandstad v. CB Richard Ellis, Inc., adjudicated by the United States Court...
Comprehensive Commentary on Livingston Downs Racing Association, Inc. v. Jefferson Downs Corporation, et al.

Comprehensive Commentary on Livingston Downs Racing Association, Inc. v. Jefferson Downs Corporation, et al.

Date: Oct 25, 2002
Dismissing Antitrust and RICO Claims: A Critical Analysis of Livingston Downs Racing Association, Inc. v. Jefferson Downs Corporation Introduction The case of Livingston Downs Racing Association,...
Rigorous Standards for Summary Judgment in First Amendment Employment Claims: Brown v. Mississippi Valley State University

Rigorous Standards for Summary Judgment in First Amendment Employment Claims: Brown v. Mississippi Valley State University

Date: Oct 24, 2002
Rigorous Standards for Summary Judgment in First Amendment Employment Claims: Brown v. Mississippi Valley State University Introduction In the landmark case Troy D. Brown, Sr. v. Mississippi Valley...
Morin v. Moore: 5th Circuit Expands Negligent Entrustment Liability for Police in Firearm Misuse

Morin v. Moore: 5th Circuit Expands Negligent Entrustment Liability for Police in Firearm Misuse

Date: Oct 24, 2002
Morin v. Moore: 5th Circuit Expands Negligent Entrustment Liability for Police in Firearm Misuse Introduction Morin v. Moore is a landmark case adjudicated by the United States Court of Appeals for...
Affirmation of Dismissal in McKinney v. McKinney: State-Created Danger Theory Under §1983

Affirmation of Dismissal in McKinney v. McKinney: State-Created Danger Theory Under §1983

Date: Oct 19, 2002
Affirmation of Dismissal in McKinney v. McKinney: State-Created Danger Theory Under §1983 Introduction McKinney v. McKinney, 309 F.3d 308 (5th Cir. 2002), is a significant appellate decision...
Enhancing FDCPA Protections: Fifth Circuit Rules Against Deceptive Envelope Addressing in Peter v. GC Services

Enhancing FDCPA Protections: Fifth Circuit Rules Against Deceptive Envelope Addressing in Peter v. GC Services

Date: Oct 19, 2002
Enhancing FDCPA Protections: Fifth Circuit Rules Against Deceptive Envelope Addressing in Peter v. GC Services Introduction In the landmark case of Elizabeth Peter v. GC Services, L.P.; DLS...
Extended Detention and Consent Validity: Insights from United States v. Santiago

Extended Detention and Consent Validity: Insights from United States v. Santiago

Date: Oct 18, 2002
Extended Detention and Consent Validity: Insights from United States v. Santiago Introduction The case of United States of America v. Isidro Francisco Santiago, adjudicated by the United States Court...
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