5th Circuit Case Commentaries

Rigid Standards for Conditional Pleas and Affirmation of Consent Validity Without Miranda: Insights from United States v. Stevens

Date: May 17, 2007

Rigid Standards for Conditional Pleas and Affirmation of Consent Validity Without Miranda: Insights from United States v. Stevens Introduction In the landmark case of United States of America v. Raul...

Affirmation of Conspiracy and Firearm Possession Convictions in Crack-Cocaine Trafficking Case

Date: May 16, 2007

Affirmation of Conspiracy and Firearm Possession Convictions in Crack-Cocaine Trafficking Case Introduction The case of UNITED STATES of America v. Keyon LaKeith Mitchell and Duford Lee Mitchell (484...

Enforcing Forum Selection Clauses in International Contracts: Analysis of Braspetro Oil Services Co. v. MODEC (USA), Inc.

Date: May 12, 2007

Enforcing Forum Selection Clauses in International Contracts: Analysis of Braspetro Oil Services Co. v. MODEC (USA), Inc. Introduction The case of Braspetro Oil Services Company — Brasoil; Petroleo...

Affirmation of Prisoners' Rights: Baranowski v. TDCJ Establishes Critical Precedent on Religious Accommodation in Prisons

Date: May 5, 2007

Affirmation of Prisoners' Rights: Baranowski v. TDCJ Establishes Critical Precedent on Religious Accommodation in Prisons Introduction In Thomas H. Baranowski v. Chaplain Larry HART et al., 486 F.3d...

Fifth Circuit Establishes Precedent on CAFA's Local Controversy Exception in Hurricane Katrina-Related Hospital Class Action

Date: Apr 26, 2007

Fifth Circuit Establishes Precedent on CAFA's Local Controversy Exception in Hurricane Katrina-Related Hospital Class Action Introduction The landmark case of Preston et al. v. Tenet HealthSystems...

Affirmation of 'But For' Standard in Title VII Retaliation Claims: Strong v. University Healthcare System

Date: Apr 25, 2007

Affirmation of 'But For' Standard in Title VII Retaliation Claims: Strong v. University Healthcare System Introduction In Strong v. University Healthcare System, L.L.C., the United States Court of...

Triple Tee Golf v. Nike: Reversing Summary Judgment on Trade Secret Misappropriation

Date: Apr 18, 2007

Triple Tee Golf v. Nike: Reversing Summary Judgment on Trade Secret Misappropriation Introduction In the landmark case Triple Tee Golf, Inc. v. Nike, Inc., adjudicated by the United States Court of...

Chevron Corporation v. Ferrer et al.: Affirming the Necessity of Causal Connection in ERISA Fiduciary Breach Claims

Date: Apr 13, 2007

Chevron Corporation v. Ferrer et al.: Affirming the Necessity of Causal Connection in ERISA Fiduciary Breach Claims Introduction In Ferrer v. Chevron Corporation, the United States Court of Appeals...

Probable Cause Standards and Warrant Execution in Multi-Resident Homes: United States v. Pérez

Date: Apr 12, 2007

Probable Cause Standards and Warrant Execution in Multi-Resident Homes: United States v. Pérez Introduction The case of United States of America v. Javier Pérez presents critical insights into the...

Challenges in Class Certification for Nationwide Warranty Claims: Be v. rly COLE, et al.

Date: Apr 11, 2007

Challenges in Class Certification for Nationwide Warranty Claims: Be v. rly COLE, et al. Introduction In Be v. rly COLE; Anita S. Perkins; Jewell P. Lowe, 484 F.3d 717 (5th Cir. 2007), the United...

Res Judicata Applies to Transferee Liability for Gift Tax: Davenport v. United States

Date: Apr 10, 2007

Res Judicata Applies to Transferee Liability for Gift Tax: Davenport v. United States Introduction The case of United States of America v. Gordon E. Davenport explores significant issues surrounding...

Freeman v. Gore: Strengthening Fourth Amendment Protections through Rejection of Qualified Immunity for Unlawful Arrests

Date: Apr 3, 2007

Freeman v. Gore: Strengthening Fourth Amendment Protections through Rejection of Qualified Immunity for Unlawful Arrests Introduction Freeman v. Gore, 483 F.3d 404 (5th Cir. 2007), is a pivotal case...

Qualified Immunity and Collective Action in Excessive Force Claims: Analysis of Meadours v. Ermel

Date: Apr 3, 2007

Qualified Immunity and Collective Action in Excessive Force Claims: Analysis of Meadours v. Ermel Introduction The case of Stennie Meadours, Individually and as Personal Representative of the Estate...

Affirmation of Limited Confrontation Clause Application in Federal Death Penalty Sentencing — U.S. v. Sherman Lamont Fields

Date: Mar 30, 2007

Affirmation of Limited Confrontation Clause Application in Federal Death Penalty Sentencing — U.S. v. Sherman Lamont Fields Introduction In the landmark appellate case United States of America v....

Strict Application of AEDPA's Statute of Limitations and Limited Equitable Tolling in Federal Habeas Proceedings: Johnson v. Quarterman

Date: Mar 29, 2007

Strict Application of AEDPA's Statute of Limitations and Limited Equitable Tolling in Federal Habeas Proceedings: Johnson v. Quarterman Introduction Johnson v. Quarterman is a pivotal case...

Enforcement of Texas Mineral Lien §9.343 Against Downstream Purchasers in Bankruptcy: Edge Petroleum v. Duke Energy

Date: Mar 29, 2007

Enforcement of Texas Mineral Lien §9.343 Against Downstream Purchasers in Bankruptcy: Edge Petroleum v. Duke Energy Introduction Edge Petroleum Operating Company, Inc. ("Edge") appealed a summary...

Application of AEDPA and Strickland Standards in Denying Certificate of Appealability: Scheanette v. Quarterman

Date: Mar 27, 2007

Application of AEDPA and Strickland Standards in Denying Certificate of Appealability: Scheanette v. Quarterman Introduction Case: Dale Devon Scheanette, Petitioner-Appellant Court: United States...

Eliminating the De Minimis Exception: Due Process Required for Any Forfeiture of Good-Time Credits in Texas Inmate Discipline

Date: Mar 22, 2007

Eliminating the De Minimis Exception: Due Process Required for Any Forfeiture of Good-Time Credits in Texas Inmate Discipline Introduction The case of Hubert Earl Teague v. Nathaniel Quarterman...

Establishing Pretext in Employment Discrimination: Insights from Burrell v. Dr. Pepper/Seven Up Bottling Group

Date: Mar 21, 2007

Establishing Pretext in Employment Discrimination: Insights from Burrell v. Dr. Pepper/Seven Up Bottling Group Introduction Burrell v. Dr. Pepper/Seven Up Bottling Group is a landmark case...

Clarifying Fraud-on-the-Market Presumption and Secondary Liability under Rule 10b-5: Fifth Circuit Reverses Enron Class Certification

Date: Mar 20, 2007

Clarifying Fraud-on-the-Market Presumption and Secondary Liability under Rule 10b-5: Fifth Circuit Reverses Enron Class Certification Introduction The case of REGENTS OF the UNIVERSITY OF CALIFORNIA...