5th Circuit Case Commentaries

Inclusion of Attorney's Fees in Amount in Controversy for Louisiana Class Actions under 28 U.S.C. § 1332

Date: Oct 12, 2002

Inclusion of Attorney's Fees in Amount in Controversy for Louisiana Class Actions under 28 U.S.C. § 1332 Introduction The case of Elaine F. Grant; Alfred Grant; Jacqueline Leary v. Chevron Phillips...

Broad Enforcement of General Releases Covering ERISA Claims: Insights from Chaplin v. NationsCredit

Date: Oct 9, 2002

Broad Enforcement of General Releases Covering ERISA Claims: Insights from Chaplin v. NationsCredit Introduction In the landmark case of Veronica Chaplin, Thomas Hall, Frank Illing, Stephen Kendall,...

Fifth Circuit Establishes Requirements for Reciprocal Indemnity under OCSLA in Diamond Offshore v. AB Builders

Date: Oct 3, 2002

Fifth Circuit Establishes Requirements for Reciprocal Indemnity under OCSLA in Diamond Offshore v. AB Builders Introduction In the landmark case of Diamond Offshore Company v. AB Builders, Inc., the...

Mandatory Liquidated Damages Under the ADEA: Insights from Tyler v. Union Oil Company of California

Date: Oct 3, 2002

Mandatory Liquidated Damages Under the ADEA: Insights from Tyler v. Union Oil Company of California Introduction The case of Tyler v. Union Oil Company of California serves as a pivotal precedent in...

Certificate of Appealability Denied in Woods v. Cockrell: Implications for Federal Habeas Corpus Standards in Capital Cases

Date: Sep 25, 2002

Certificate of Appealability Denied in Woods v. Cockrell: Implications for Federal Habeas Corpus Standards in Capital Cases Introduction Bobby Wayne Woods v. Janie Cockrell, Director, Texas...

Enforcement of Waivers in Ineffective Assistance of Counsel Claims: United States v. White

Date: Sep 24, 2002

Enforcement of Waivers in Ineffective Assistance of Counsel Claims: United States v. White Introduction The case of United States v. Kevin White delineates critical boundaries concerning the...

Eleventh Amendment Immunity Applied to Educational Service Centers in Perez v. Region 20

Date: Sep 21, 2002

Eleventh Amendment Immunity Applied to Educational Service Centers in Perez v. Region 20 Introduction Daniel M. Perez v. Region 20 Education Service Center, 307 F.3d 318 (5th Cir. 2002), is a seminal...

Res Judicata vs. Personal Jurisdiction: Rule 60(b)(4) Reaffirmed in Fratelli Tanfoglio Case

Date: Sep 18, 2002

Res Judicata vs. Personal Jurisdiction: Rule 60(b)(4) Reaffirmed in Fratelli Tanfoglio Case Introduction In the landmark case of Arnold Jackson; Linda Jackson; and Brian Jackson v. FIE Corporation;...

Denial of Certificate of Appealability in Johnson v. Cockrell: Implications for Death Penalty Appeals

Date: Sep 18, 2002

Denial of Certificate of Appealability in Johnson v. Cockrell: Implications for Death Penalty Appeals Introduction In the landmark case of Michael Dewayne Johnson v. Janie Cockrell, heard by the...

Reaffirming the "Solely Because Of" Causation Standard in Rehabilitation Act Claims

Date: Sep 13, 2002

Reaffirming the "Solely Because Of" Causation Standard in Rehabilitation Act Claims Introduction The case of Jose A. Soledad v. United States Department of Treasury (304 F.3d 500) adjudicated by the...

Wesson v. U.S. Penitentiary Beaumont: Clarifying Habeas Corpus Petition Standards under §2241

Date: Sep 6, 2002

Wesson v. U.S. Penitentiary Beaumont: Clarifying Habeas Corpus Petition Standards under §2241 Introduction In Thomas Wesson v. U.S. Penitentiary Beaumont, TX, Warden, 305 F.3d 343 (5th Cir. 2002),...

Establishing Limits on Qualified Immunity: McCLENDON v. CITY OF COLUMBIA and the State-Created Danger Theory

Date: Sep 6, 2002

Establishing Limits on Qualified Immunity: McCLENDON v. CITY OF COLUMBIA and the State-Created Danger Theory Introduction McCLENDON v. CITY OF COLUMBIA, 305 F.3d 314 (5th Cir. 2002), is a pivotal...

Apprendi Rule Not Retroactively Applicable to Initial §2255 Motions: Affirmation in Brown v. USA

Date: Sep 6, 2002

Apprendi Rule Not Retroactively Applicable to Initial §2255 Motions: Affirmation in Brown v. USA Introduction In the case of United States of America v. Thomas Charles Brown, adjudicated by the...

Substantial Evidence and Credibility Assessments in Disability Claims: Masterson v. Barnhart

Date: Sep 5, 2002

Substantial Evidence and Credibility Assessments in Disability Claims: Masterson v. Barnhart Introduction Case: John F. Masterson, Jr., Plaintiff-Appellant, v. Jo Anne B. Barnhart, Commissioner of...

AUDITING THE ADA: Affirmation of Disability Discrimination Claims Against Public Entities Without Policy Requirements

Date: Sep 4, 2002

Affirmation of ADA and RA Claims Without Mandatory Policymaker Identification Introduction The case of Aubary Delano-Pyle v. Victoria County, Texas explores significant aspects of disability...

Enforceability of 'Reasonable Best Efforts' Clauses under Texas Law: Herrmann Holdings Ltd. v. Lucent Technologies Inc.

Date: Sep 4, 2002

Enforceability of 'Reasonable Best Efforts' Clauses under Texas Law: Herrmann Holdings Ltd. v. Lucent Technologies Inc. Introduction The case of Herrmann Holdings Ltd.; Annem Investments Ltd.;...

Fifth Circuit Reaffirms Strong Enforcement of Arbitration Agreements and Limits Judicial Oversight of Arbitrator Selection under FAA

Date: Aug 31, 2002

Fifth Circuit Reaffirms Strong Enforcement of Arbitration Agreements and Limits Judicial Oversight of Arbitrator Selection under FAA Introduction The case of Gulf Guaranty Life Insurance Company v....

Interpreting "Used for a Commercial Activity" Under FSIA § 1610(a): An In-Depth Analysis of Connecticut Bank of Commerce v. Republic of Congo

Date: Aug 30, 2002

Interpreting "Used for a Commercial Activity" Under FSIA § 1610(a): An In-Depth Analysis of Connecticut Bank of Commerce v. Republic of Congo Introduction In the landmark case of Connecticut Bank of...

Establishing Limits on Fiduciary Duties in Collateral Mortgage Agreements under Louisiana Law: Lifemark Hospitals v. Liljeberg Enterprises

Date: Aug 29, 2002

Establishing Limits on Fiduciary Duties in Collateral Mortgage Agreements under Louisiana Law: Lifemark Hospitals v. Liljeberg Enterprises Introduction The case of Lifemark Hospitals, Inc. v....

Arbitration of Contract Capacity Defenses under the Federal Arbitration Act: Primerica Life Insurance Co. v. Catherine E. Brown

Date: Aug 29, 2002

Arbitration of Contract Capacity Defenses under the Federal Arbitration Act: Primerica Life Insurance Co. v. Catherine E. Brown Introduction Primerica Life Insurance Co.; et al. v. Catherine E. Brown...

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