5th Circuit Case Commentaries

Affirmation of Summary Judgment in Toxic Tort Case Under Daubert Standard

Date: Mar 20, 2007

Affirmation of Summary Judgment in Toxic Tort Case Under Daubert Standard Introduction The case of Heath Knight; Thomas Ingerman v. Kirby Inland Marine Inc. involves appellants Heath Knight and...

Reaffirming Evidentiary Standards and Jurisdictional Boundaries in RICO Litigation: TruGreen Landcare v. Kaylyn Scott

Date: Mar 17, 2007

Reaffirming Evidentiary Standards and Jurisdictional Boundaries in RICO Litigation: TruGreen Landcare, L.L.C. v. Kaylyn Scott Introduction In the case of TruGreen Landcare, L.L.C. v. Kaylyn Scott,...

5th Circuit Affirms Louisiana Law on Secured Creditors' Priority in Bankruptcy Auctions of Non-Titled Movables

Date: Mar 16, 2007

5th Circuit Affirms Louisiana Law on Secured Creditors' Priority in Bankruptcy Auctions of Non-Titled Movables Introduction The case of Peoples State Bank v. General Electric Capital Corp. (482 F.3d...

Clarifying Personal Jurisdiction Standards for Foreign Defendants: MONCRIEF OIL INTERNATIONAL INC. v. GAZPROM

Date: Mar 13, 2007

Clarifying Personal Jurisdiction Standards for Foreign Defendants: MONCRIEF OIL INTERNATIONAL INC. v. GAZPROM Introduction The case of Moncrief Oil International Inc. v. Gazprom addresses critical...

Turner v. Quarterman: Cumulative Trial Errors Do Not Suffice for Certificate of Appealability

Date: Mar 13, 2007

Turner v. Quarterman: Cumulative Trial Errors Do Not Suffice for Certificate of Appealability Introduction Turner v. Quarterman, 481 F.3d 292 (5th Cir. 2007), is a significant case that addresses the...

Rico v. Flores: Clarifying Improper Joinder under the Unlawful Acts Rule in Diversity Jurisdiction Cases

Date: Mar 8, 2007

Rico v. Flores: Clarifying Improper Joinder under the Unlawful Acts Rule in Diversity Jurisdiction Cases Introduction The case of Rico v. Flores addresses significant issues pertaining to the...

Use of Post-Arrest Silence in Prosecution: Salinas v. United States

Date: Mar 6, 2007

Use of Post-Arrest Silence in Prosecution: Salinas v. United States Introduction Salinas v. United States is a pivotal case adjudicated by the United States Court of Appeals for the Fifth Circuit on...

Fifth Circuit Rules Pre-Sentencing Notice Not Required for Non-Guidelines Sentences Post-Booker

Date: Mar 1, 2007

Fifth Circuit Rules Pre-Sentencing Notice Not Required for Non-Guidelines Sentences Post-Booker Introduction In the landmark decision of United States v. Mejia-Huerta et al., the United States Court...

Reversing Summary Judgment: Betzel v. State Farm Lloyds and the Imperative of Flexible Judicial Sanctions

Date: Mar 1, 2007

Reversing Summary Judgment: Betzel v. State Farm Lloyds and the Imperative of Flexible Judicial Sanctions Introduction The case of Kurt Betzel v. State Farm Lloyds, decided by the United States Court...

LeMaire v. Louisiana Department of Transportation: Fifth Circuit Clarifies Summary Judgment Standards for Sexual Harassment under Title VII

Date: Feb 28, 2007

LeMaire v. Louisiana Department of Transportation: Fifth Circuit Clarifies Summary Judgment Standards for Sexual Harassment under Title VII Introduction In the landmark case Rene LeMaire v. Louisiana...

Qualified Immunity and Law Enforcement Accountability in Warrant Procurement: Analyzing Cal v. Hampton

Date: Feb 27, 2007

Qualified Immunity and Law Enforcement Accountability in Warrant Procurement: Analyzing Cal v. Hampton Introduction Calvin Hampton, the director of Quad County Alternative School in Starkville,...

Fifth Circuit Reaffirms Liberal Pleading Standard for RICO Continuity

Date: Feb 27, 2007

Fifth Circuit Reaffirms Liberal Pleading Standard for RICO Continuity Introduction In the landmark case of Roy Abraham et al. v. B.J. Singh, heard by the United States Court of Appeals for the Fifth...

Affirmation of Drug Conspiracy Sentences: Upholding Advisory Sentencing Guidelines and Rejection of Withdrawal Pleas in United States v. Washington and Daniels

Date: Feb 20, 2007

Affirmation of Drug Conspiracy Sentences: Upholding Advisory Sentencing Guidelines and Rejection of Withdrawal Pleas in United States v. Washington and Daniels Introduction In United States v....

Defining Employer Status under Title VII: Insights from Muhammad v. Dallas County Community Supervision and Corrections Department

Date: Feb 15, 2007

Defining Employer Status under Title VII: Insights from Muhammad v. Dallas County Community Supervision and Corrections Department Introduction The case of Ibn Zakariya Muhammad v. Dallas County...

Garcetti Principle Affirmed: Limits on First Amendment Protections for Public Employees

Date: Feb 14, 2007

Garcetti Principle Affirmed: Limits on First Amendment Protections for Public Employees Introduction The case of Gregory D. Williams v. Dallas Independent School District (480 F.3d 689, 5th Cir....

Jenkins v. Methodist Hospitals of Dallas: Clarifying Standards for Racial Discrimination Claims under 42 U.S.C. §1981 and Rule 11 Sanctions for Legal Misrepresentation

Date: Feb 1, 2007

Jenkins v. Methodist Hospitals of Dallas: Clarifying Standards for Racial Discrimination Claims under 42 U.S.C. §1981 and Rule 11 Sanctions for Legal Misrepresentation Introduction Jenkins v....

Federal Question Jurisdiction Clarified in Hot-Hed Inc. v. Safe House Habitats

Date: Jan 31, 2007

Federal Question Jurisdiction Clarified in Hot-Hed Inc. v. Safe House Habitats Introduction In the case of Hot-Hed Inc. v. Safe House Habitats (477 F.3d 320), the United States Court of Appeals for...

United States v. Finley: Affirmation on Lesser-Included Offense Instructions and Warrantless Cell Phone Searches

Date: Jan 27, 2007

United States v. Finley: Affirmation on Lesser-Included Offense Instructions and Warrantless Cell Phone Searches Introduction The case of United States v. Jacob Pierce Finley, 477 F.3d 250 (5th Cir....

Balancing Client Directives and Effective Counsel in Capital Cases: Sonnier v. Quarterman

Date: Jan 23, 2007

Balancing Client Directives and Effective Counsel in Capital Cases: Sonnier v. Quarterman Introduction Derrick Sonnier v. Nathaniel Quarterman is a seminal case adjudicated by the United States Court...

Establishing Managerial Authority in Continuing Criminal Enterprise: Insights from United States v. Lewis et al.

Date: Jan 23, 2007

Establishing Managerial Authority in Continuing Criminal Enterprise: Insights from United States v. Lewis et al. Introduction In the landmark case of United States of America v. Michael Curtis Lewis,...