5th Circuit Case Commentaries

Affirmation of Standard of Review and Procedural Compliance in ERISA Disability Claims: Wade v. Hewlett-Packard

Date: Jul 21, 2007

Affirmation of Standard of Review and Procedural Compliance in ERISA Disability Claims: Wade v. Hewlett-Packard Development Co. Introduction The case of Alfred Wade v. Hewlett-Packard Development...

Enhancing Evidentiary Standards in Drug Trafficking Cases: United States v. Ibarra

Date: Jul 20, 2007

Enhancing Evidentiary Standards in Drug Trafficking Cases: United States v. Ibarra Introduction United States v. Rafael Jesus Ibarra, 493 F.3d 526 (5th Cir. 2007), is a pivotal case that addresses...

Multiplicity in Child Pornography Possession Charges: Analysis of Planck v. United States

Date: Jul 20, 2007

Multiplicity in Child Pornography Possession Charges: Analysis of Planck v. United States Introduction The case of United States of America v. John Anthony Planck, 493 F.3d 501 (5th Cir. 2007),...

Affirmation of 9(a) Union Status Outside the Construction Industry: Strand Theatre of Shreveport v. NLRB

Date: Jul 20, 2007

Affirmation of 9(a) Union Status Outside the Construction Industry: Strand Theatre of Shreveport v. NLRB Introduction The case of The Strand Theatre of Shreveport Corporation v. National Labor...

Enhancing Standards for Class Certification under FRCP Rule 23: Insights from MALDONADO v. OCHSNER Clinic Foundation

Date: Jul 20, 2007

Enhancing Standards for Class Certification under FRCP Rule 23: Insights from MALDONADO v. OCHSNER Clinic Foundation Introduction The case of MALDONADO v. OCHSNER Clinic Foundation (493 F.3d 521)...

Williams v. Countrywide Home Loans: Upholding Statute of Limitations and Narrowing Recoupment Exceptions in TILA Claims

Date: Jul 19, 2007

Williams v. Countrywide Home Loans: Upholding Statute of Limitations and Narrowing Recoupment Exceptions in TILA Claims Introduction Williams v. Countrywide Home Loans, Inc. is a significant case...

Affirmation of Dismissal in Misappropriation and Fiduciary Duty Claims: Meadows v. Hartford Life Insurance Co.

Date: Jul 18, 2007

Affirmation of Dismissal in Misappropriation and Fiduciary Duty Claims: Meadows v. Hartford Life Insurance Co. Introduction The case of David Meadows v. Hartford Life Insurance Company, adjudicated...

Affirming Almendarez-Torres: The Fifth Circuit Upholds Prior Felony Use in Sentencing Post-Apprendi

Date: Jul 18, 2007

Affirming Almendarez-Torres: The Fifth Circuit Upholds Prior Felony Use in Sentencing Post-Apprendi Introduction In the landmark case UNITED STATES of America v. Agustin Pineda-Arrellano, the United...

Adverse Employment Action in Title VII: Alvarado v. Texas Rangers

Date: Jul 17, 2007

Adverse Employment Action in Title VII: Alvarado v. Texas Rangers Introduction Juanita Alvarado, a seasoned officer with the Texas Department of Public Safety (DPS), filed a lawsuit against the Texas...

Affirmation of Summary Judgment in Gender Discrimination and Defamation Case

Date: Jul 13, 2007

Affirmation of Summary Judgment in Gender Discrimination and Defamation Case Introduction The case of JoAnne Mackay NASTI v. CIBA Specialty Chemicals Corporation revolves around allegations of sex...

McCoy v. City of Shreveport: Establishing Standards for Adverse Employment Actions in Retaliation Claims

Date: Jul 12, 2007

McCoy v. City of Shreveport: Establishing Standards for Adverse Employment Actions in Retaliation Claims Introduction McCoy v. City of Shreveport, 492 F.3d 551 (5th Cir. 2007) is a pivotal case in...

Affirmation of Summary Judgment: Limitations on Quid Pro Quo Harassment and Retaliation Claims under Title VII

Date: Jun 29, 2007

Affirmation of Summary Judgment: Limitations on Quid Pro Quo Harassment and Retaliation Claims under Title VII Introduction The case of Suzan Russell v. University of Texas of the Permian Basin...

Conditional Certification of FLSA Collective Action in Ederclei Lorussa Lima v. International Catastrophe Solutions, Inc.

Date: Jun 28, 2007

Conditional Certification of FLSA Collective Action in Ederclei Lorussa Lima v. International Catastrophe Solutions, Inc. Introduction In the landmark case Ederclei Lorussa Lima et al. v....

Smith International v. Egle Group: Indemnity Claims Not Barred by Res Judicata or Statute of Limitations Under Texas Law

Date: Jun 23, 2007

Smith International v. Egle Group: Indemnity Claims Not Barred by Res Judicata or Statute of Limitations Under Texas Law Introduction The case of Smith International, Inc. v. The Egle Group, LLC...

Quasi Estoppel in Foreclosure: Analyzing Lozano v. Ocwen Federal Bank

Date: Jun 15, 2007

Quasi Estoppel in Foreclosure: Analyzing Lozano v. Ocwen Federal Bank Introduction In John R. Lozano and Susie Lozano v. Ocwen Federal Bank, FSB, 489 F.3d 636 (5th Cir. 2007), the United States Court...

Frye v. United States: Upholding Carjacking Conviction and Speedy Trial Protections

Date: Jun 7, 2007

Frye v. United States: Upholding Carjacking Conviction and Speedy Trial Protections Introduction In United States v. James E. Frye, 489 F.3d 201 (5th Cir. 2007), the United States Court of Appeals...

Deferred Adjudication as Conviction under HECK v. HUMPHREY: Fifth Circuit Affirmation in DeLeon v. City of Corpus Christi

Date: Jun 1, 2007

Deferred Adjudication as Conviction under HECK v. HUMPHREY: Fifth Circuit Affirmation in DeLeon v. City of Corpus Christi Introduction The appellate case Christopher DeLeon v. City of Corpus Christi...

Affirmation of Standing, Upholding Content-Neutral Ordinance §78-39, and Awarding of Attorney's Fees: Houston Chronicle Publishing Co. v. City of League City

Date: May 31, 2007

Affirmation of Standing, Upholding Content-Neutral Ordinance §78-39, and Awarding of Attorney's Fees: Houston Chronicle Publishing Co. v. City of League City Introduction The case of The Houston...

Qualified Immunity and Deliberate Indifference in School District Liability: Insights from Haley King v. Conroe Independent School District

Date: May 30, 2007

Qualified Immunity and Deliberate Indifference in School District Liability: Insights from Haley King v. Conroe Independent School District Introduction Haley King v. Conroe Independent School...

ADA Disability Standards and Reasonable Accommodations: Insights from Jenkins v. Cleco Power

Date: May 19, 2007

ADA Disability Standards and Reasonable Accommodations: Insights from Jenkins v. Cleco Power Introduction Jenkins v. Cleco Power, LLC, 487 F.3d 309 (5th Cir. 2007), is a pivotal case addressing...