5th Circuit Case Commentaries

Eleventh Amendment Immunity and Qualified Immunity in Whistleblower Retaliation: Martinez v. Texas Department of Criminal Justice

Date: Jul 26, 2002

Eleventh Amendment Immunity and Qualified Immunity in Whistleblower Retaliation: Martinez v. Texas Department of Criminal Justice Introduction The case of Laura A. Martinez v. Texas Department of...

Affirmation of Bankruptcy Court Discretion to Overrule Arbitration Clauses in Core Bankruptcy Matters

Date: Jul 23, 2002

Affirmation of Bankruptcy Court Discretion to Overrule Arbitration Clauses in Core Bankruptcy Matters Introduction In the case of Sarma Gandy v. James Gandy et al., the United States Court of Appeals...

Affirmation of Capital Sentences: Upholding the Federal Death Penalty Act and Victim Impact Statements in Bernard v. Vialva

Date: Jul 20, 2002

Affirmation of Capital Sentences: Upholding the Federal Death Penalty Act and Victim Impact Statements in Bernard v. Vialva Introduction The case of UNITED STATES of America v. Brandon Bernard and...

Enforcement of Arbitration Clauses: Limits on Nonsignatories' Ability to Compel Arbitration

Date: Jul 19, 2002

Enforcement of Arbitration Clauses: Limits on Nonsignatories' Ability to Compel Arbitration Introduction The case of James H. Westmoreland v. Roland J. Sadoux addresses the contentious issue of...

Fifth Circuit Affirms Conspiracy Convictions and Clarifies Apprendi Application in Sentencing Enhancements

Date: Jul 19, 2002

Fifth Circuit Affirms Conspiracy Convictions and Clarifies Apprendi Application in Sentencing Enhancements Introduction The case of UNITED STATES of America v. Jose Cleotide Solis and co-defendants,...

Clarifying the Cronic Exception: Effective Application of Strickland in Brandon Haynes v. Burl Cain

Date: Jul 13, 2002

Clarifying the Cronic Exception: Effective Application of Strickland in Brandon Haynes v. Burl Cain Introduction Brandon Haynes v. Burl Cain, 298 F.3d 375 (5th Cir. 2002), is a pivotal case...

Abuse of Discretion in Venue Transfer Under 18 U.S.C. § 666: Comprehensive Commentary on United States v. Lipscomb

Date: Jul 13, 2002

Abuse of Discretion in Venue Transfer Under 18 U.S.C. § 666: Comprehensive Commentary on United States v. Lipscomb Introduction In the case of United States v. Albert Louis Lipscomb, the United...

Interpretation of AEDPA’s Tolling Provision: Mandamus Applications Do Not Toll Limitations Period

Date: Jul 12, 2002

Interpretation of AEDPA’s Tolling Provision: Mandamus Applications Do Not Toll Limitations Period Introduction In the case of Floyd J. Moore, Sr. v. Burl Cain, adjudicated by the United States Court...

Defining 'Ordinary Course of Business' in Preferential Transfer Claims: Gulf City Seafoods, Inc. v. Ludwig Shrimp Co., Inc.

Date: Jul 12, 2002

Defining 'Ordinary Course of Business' in Preferential Transfer Claims: Gulf City Seafoods, Inc. v. Ludwig Shrimp Co., Inc. Introduction The case of Gulf City Seafoods, Inc., Debtor v. Ludwig Shrimp...

Mandatory Exhaustion of Administrative Remedies Under §1997e(a): Clifford v. Gibbs

Date: Jul 11, 2002

Mandatory Exhaustion of Administrative Remedies Under §1997e(a): Clifford v. Gibbs Introduction In the landmark case of Clifford v. Gibbs, adjudicated by the United States Court of Appeals for the...

Enforcement of Arbitration Agreements: Reversal of Vacatur Due to Waiver of Selection Process Defects in Brook v. Peak International, Ltd.

Date: Jul 10, 2002

Enforcement of Arbitration Agreements: Reversal of Vacatur Due to Waiver of Selection Process Defects in Brook v. Peak International, Ltd., 294 F.3d 668 (5th Cir. 2002) Introduction The case of...

Fifth Circuit Affirms Personal Liability of Corporate Officer for Fraud and Conversion under Louisiana Law

Date: Jul 9, 2002

Fifth Circuit Affirms Personal Liability of Corporate Officer for Fraud and Conversion under Louisiana Law Introduction The case of Tubos de Acero de Mexico, S.A. v. American International Investment...

Enhancing Employer Accountability in Sexual Harassment Claims and Upholding Federal Jury Rights: A Comprehensive Analysis of Wyatt v. Hunt Plywood Company

Date: Jul 6, 2002

Enhancing Employer Accountability in Sexual Harassment Claims and Upholding Federal Jury Rights: A Comprehensive Analysis of Wyatt v. Hunt Plywood Company Introduction The case of Alisha Wyatt v....

Affirmation of State Authority: Louisiana's Regulation of Outer Bar Pilotage Upheld by Fifth Circuit

Date: Jul 3, 2002

Affirmation of State Authority: Louisiana's Regulation of Outer Bar Pilotage Upheld by Fifth Circuit Introduction In Gillis et al. v. State of Louisiana et al., the United States Court of Appeals for...

Enforcement of Arbitration Clauses in Contemporaneously Executed Agreements: Insights from PSSI v. Motorola

Date: Jul 2, 2002

Enforcement of Arbitration Clauses in Contemporaneously Executed Agreements: Insights from PSSI v. Motorola Introduction Personal Security Safety Systems Inc. (PSSI) brought a lawsuit against...

5th Circuit Limits Excessive Future Emotional Distress Awards in Employment Discrimination Cases: Thomas v. TDCJ