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  • Commentaries
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5th Circuit Case Commentaries

Affirmation of RICO and Related Convictions in Edwin Edwards Extortion Scheme Case

Affirmation of RICO and Related Convictions in Edwin Edwards Extortion Scheme Case

Date: Aug 24, 2002
Affirmation of RICO and Related Convictions in Edwin Edwards Extortion Scheme Case Introduction United States v. Edwin Edwards et al. is a landmark judgment delivered by the United States Court of...
Jurisdictional Limits on Bankruptcy Court Orders After Appeals: Insights from Transtexas Gas Corp. Case

Jurisdictional Limits on Bankruptcy Court Orders After Appeals: Insights from Transtexas Gas Corp. Case

Date: Aug 23, 2002
Jurisdictional Limits on Bankruptcy Court Orders After Appeals: Insights from Transtexas Gas Corp. Case Introduction The case of In the Matter Of: Transtexas Gas Corporation (303 F.3d 571)...
Forum Non Conveniens: Adequacy of International Forums in Tort Litigation

Forum Non Conveniens: Adequacy of International Forums in Tort Litigation

Date: Aug 21, 2002
Forum Non Conveniens: Adequacy of International Forums in Tort Litigation Introduction In the landmark case Jorge Luis Machuca Gonzalez; Martha Patricia Lopez Guerrero, Individually and as Heirs and...
Establishing Precedent for Same-Sex Harassment Claims under Title VII: La Day v. Catalyst Technology

Establishing Precedent for Same-Sex Harassment Claims under Title VII: La Day v. Catalyst Technology

Date: Aug 16, 2002
Establishing Precedent for Same-Sex Harassment Claims under Title VII: La Day v. Catalyst Technology Introduction The case of Patrick La Day v. Catalyst Technology, Inc. is a landmark decision by the...
Establishing Good Faith in Open Price Terms: Analysis of Mathis v. Exxon Corporation

Establishing Good Faith in Open Price Terms: Analysis of Mathis v. Exxon Corporation

Date: Aug 16, 2002
Establishing Good Faith in Open Price Terms: Analysis of Mathis v. Exxon Corporation 1. Introduction The case of James Mathis et al. v. Exxon Corporation (302 F.3d 448, 2002) presented a significant...
Affirming the Nexus Requirement in Asylum Claims: Ontunez-Turcios v. Ashcroft

Affirming the Nexus Requirement in Asylum Claims: Ontunez-Turcios v. Ashcroft

Date: Aug 14, 2002
Affirming the Nexus Requirement in Asylum Claims: Ontunez-Turcios v. Ashcroft Introduction In Ontunez-Turcios v. Ashcroft (303 F.3d 341, 2002), the United States Court of Appeals for the Fifth...
Affirmation of Proper Geographic Market Definition in Antitrust Exclusive Dealing: Apani Southwest, Inc. v. Coca-Cola Enterprises, Inc.

Affirmation of Proper Geographic Market Definition in Antitrust Exclusive Dealing: Apani Southwest, Inc. v. Coca-Cola Enterprises, Inc.

Date: Aug 13, 2002
Affirmation of Proper Geographic Market Definition in Antitrust Exclusive Dealing: Apani Southwest, Inc. v. Coca-Cola Enterprises, Inc. Introduction In the case of Apani Southwest, Inc. v. Coca-Cola...
Enjoining Abusive Litigation Practices: Landmark Insights from Newby v. Enron

Enjoining Abusive Litigation Practices: Landmark Insights from Newby v. Enron

Date: Aug 10, 2002
Enjoining Abusive Litigation Practices: Landmark Insights from Newby v. Enron Introduction The case of Mark Newby; et al. v. Enron Corp.; et al., heard by the United States Court of Appeals for the...
Affirmation of Mail Fraud Conviction and Restitution Calculations in Cothran v. United States

Affirmation of Mail Fraud Conviction and Restitution Calculations in Cothran v. United States

Date: Aug 9, 2002
Affirmation of Mail Fraud Conviction and Restitution Calculations in Cothran v. United States Introduction The case of United States of America v. David Lee Cothran (302 F.3d 279, 5th Cir. 2002)...
Strict Enforcement of AEDPA §2244(b) Standards in Denying Successive Habeas Petitions: Kutzner v. Cockrell

Strict Enforcement of AEDPA §2244(b) Standards in Denying Successive Habeas Petitions: Kutzner v. Cockrell

Date: Aug 8, 2002
Strict Enforcement of AEDPA §2244(b) Standards in Denying Successive Habeas Petitions: Kutzner v. Cockrell Introduction Richard William Kutzner v. Janie Cockrell is a pivotal case adjudicated by the...
P.V. Patel v. Midland Memorial Hospital: Affirming Due Process in Physician Privilege Suspension

P.V. Patel v. Midland Memorial Hospital: Affirming Due Process in Physician Privilege Suspension

Date: Aug 7, 2002
P.V. Patel v. Midland Memorial Hospital: Affirming Due Process in Physician Privilege Suspension Introduction In the landmark case of P.V. Patel, M.D., indi v. dually; P.V. Patel, M.D., A...
Interpreting "Covered Instruments" in Insurance Policies: Insights from Parkans International LLC v. Zurich Insurance Co.

Interpreting "Covered Instruments" in Insurance Policies: Insights from Parkans International LLC v. Zurich Insurance Co.

Date: Aug 6, 2002
Interpreting "Covered Instruments" in Insurance Policies: Insights from Parkans International LLC v. Zurich Insurance Co. Introduction The case of Parkans International LLC v. Zurich Insurance Co....
Establishing Article III Standing in Lanham Act False Advertising Claims: The Kenneth Ford Case

Establishing Article III Standing in Lanham Act False Advertising Claims: The Kenneth Ford Case

Date: Aug 2, 2002
Establishing Article III Standing in Lanham Act False Advertising Claims: The Kenneth Ford Case Introduction The case of Kenneth Ford, Dr., Plaintiff-Appellant, v. NYLCare Health Plans of the Gulf...
Fifth Circuit Reinforces Substantial Showing Standard for Certificate of Appealability in Janecka v. Cockrell

Fifth Circuit Reinforces Substantial Showing Standard for Certificate of Appealability in Janecka v. Cockrell

Date: Aug 2, 2002
Fifth Circuit Reinforces Substantial Showing Standard for Certificate of Appealability in Janecka v. Cockrell Introduction Allen Wayne Janecka v. Janie Cockrell is a pivotal case heard by the United...
Limits on Non-Pecuniary Damages in §1983 Retaliation Claims: Analysis of Hitt v. Connell

Limits on Non-Pecuniary Damages in §1983 Retaliation Claims: Analysis of Hitt v. Connell

Date: Aug 1, 2002
Limits on Non-Pecuniary Damages in §1983 Retaliation Claims: Analysis of Hitt v. Connell Introduction The case of Harold Merritt Hitt v. Jerry Connell et al. adjudicated in the United States Court of...
Modification of Substantially Consummated Bankruptcy Plans Under 11 U.S.C. §1127(b): Affirmation in U.S. Brass Corp. v. Tra

Modification of Substantially Consummated Bankruptcy Plans Under 11 U.S.C. §1127(b): Affirmation in U.S. Brass Corp. v. Tra

Date: Aug 1, 2002
Modification of Substantially Consummated Bankruptcy Plans Under 11 U.S.C. §1127(b): Affirmation in U.S. Brass Corp. v. Tra Introduction The case of U.S. Brass Corporation, Debtor et al. v. Travelers...
Reaffirming Voluntary Waiver of Miranda Rights Despite Misleading Interrogation Practices: Soffar v. Cockrell

Reaffirming Voluntary Waiver of Miranda Rights Despite Misleading Interrogation Practices: Soffar v. Cockrell

Date: Jul 30, 2002
Reaffirming Voluntary Waiver of Miranda Rights Despite Misleading Interrogation Practices: Soffar v. Cockrell Introduction Max Alexander Soffar, a Texas state prisoner convicted of capital murder,...
Strict Enforcement of Informal Counseling Requirements: The Teemac v. Henderson Decision

Strict Enforcement of Informal Counseling Requirements: The Teemac v. Henderson Decision

Date: Jul 27, 2002
Strict Enforcement of Informal Counseling Requirements: The Teemac v. Henderson Decision Introduction Teemac v. Henderson, 298 F.3d 452 (5th Cir. 2002), is a pivotal case that underscores the...
Affirmation of Summary Judgment in Title VII Employment Discrimination Case

Affirmation of Summary Judgment in Title VII Employment Discrimination Case

Date: Jul 27, 2002
Affirmation of Summary Judgment in Title VII Employment Discrimination Case Introduction In the case of Lori Smith v. Amedisys Inc., adjudicated by the United States Court of Appeals for the Fifth...
Application of AEDPA Standards in the Denial of Certificate of Appealability: Collier v. Cockrell

Application of AEDPA Standards in the Denial of Certificate of Appealability: Collier v. Cockrell

Date: Jul 26, 2002
Application of AEDPA Standards in the Denial of Certificate of Appealability: Collier v. Cockrell Introduction Collier v. Cockrell is a significant case decided by the United States Court of Appeals...
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