5th Circuit Case Commentaries

Integrated-Enterprise Liability Under Title VII: Distinguishing Separate Entities in Employment Discrimination Cases

Date: Jan 20, 2007

Integrated-Enterprise Liability Under Title VII: Distinguishing Separate Entities in Employment Discrimination Cases Introduction The case of Essie Turner v. Baylor Richardson Medical Center,...

Fifth Circuit Limits Class Certification for 401(k) Fiduciary Breach Claims Under ERISA §404(c): EDS Corp. Case Review

Date: Jan 19, 2007

Fifth Circuit Limits Class Certification for 401(k) Fiduciary Breach Claims Under ERISA §404(c): EDS Corp. Case Review Introduction In the landmark case Richard Langbecker, et al. v. Electronic Data...

Enhancing Sentencing Standards in Medicare Fraud: Insights from United States v. Jedd P. Jones

Date: Jan 17, 2007

Enhancing Sentencing Standards in Medicare Fraud: Insights from United States v. Jedd P. Jones Introduction The case of United States of America v. Jedd P. Jones, decided by the United States Court...

Defining 'Prisoner' Under the Prison Litigation Reform Act: Insights from Jackson v. Johnson

Date: Jan 4, 2007

Defining 'Prisoner' Under the Prison Litigation Reform Act: Insights from Jackson v. Johnson Introduction In the landmark case of Joseph E. Jackson v. Gary Johnson, the United States Court of Appeals...

Admissibility of Seatbelt Evidence in Secondary Collision Product Liability Cases: Fifth Circuit Establishes New Precedent

Date: Dec 28, 2006

Admissibility of Seatbelt Evidence in Secondary Collision Product Liability Cases: Fifth Circuit Establishes New Precedent Introduction The appellate case of James Edwin Hodges; Beverly Hodges v....

Qualified Immunity in Prison Officials: Longoria v. Texas Establishes New Boundaries

Date: Dec 22, 2006

Qualified Immunity in Prison Officials: Longoria v. Texas Establishes New Boundaries Introduction Adam Longoria v. State of Texas et al. (473 F.3d 586) is a landmark case heard by the United States...

Affirmation of Mann Act Convictions: Implications for Evidence Sufficiency, Jury Conduct, and Victim Rights

Date: Dec 14, 2006

Affirmation of Mann Act Convictions: Implications for Evidence Sufficiency, Jury Conduct, and Victim Rights Introduction In the landmark case United States of America v. Scott H. Hitt; William A....

Limits of the Good Faith Exception and Preservation of Suppression Issues: United States v. Pope

Date: Dec 14, 2006

Limits of the Good Faith Exception and Preservation of Suppression Issues: United States v. Pope Introduction United States v. Cheryl Lea Pope, 467 F.3d 912 (5th Cir. 2006), is a significant...

Nelson v. Quarterman: Reinforcing the Full Effect Standard in Capital Sentencing

Date: Dec 12, 2006

Nelson v. Quarterman: Reinforcing the Full Effect Standard in Capital Sentencing Introduction Nelson v. Quarterman is a pivotal decision by the United States Court of Appeals for the Fifth Circuit,...

Establishing Specific Personal Jurisdiction: Insights from Seiferth v. Helicopteros Atuneros

Date: Dec 12, 2006

Establishing Specific Personal Jurisdiction: Insights from Seiferth v. Helicopteros Atuneros, Inc. Introduction The case of Frederick M. Seiferth, Representative of the Heirs at Law of James A....

Strict Adherence to AEDPA Standards Affirmed in Death Penalty Habeas Petition

Date: Dec 8, 2006

Strict Adherence to AEDPA Standards Affirmed in Death Penalty Habeas Petition Introduction The case of Kenneth Parr v. Nathaniel Quarterman presents a significant examination of the standards set...

Affirming the Knowledge Requirement in Drug Trafficking Cases with Concealed Contraband: United States v. Mireles

Date: Nov 30, 2006

Affirming the Knowledge Requirement in Drug Trafficking Cases with Concealed Contraband: United States v. Mireles Introduction United States v. Arnold Anthony Mireles is a significant case...

Comprehensive Commentary on Bornette v. Barnhart: Mandating Comprehensive Residual Functional Capacity Assessments in Disability Determinations

Date: Nov 29, 2006

Comprehensive Commentary on Bornette v. Barnhart: Mandating Comprehensive Residual Functional Capacity Assessments in Disability Determinations Introduction The case Ronney Bornette v. Jo Anne...

Establishing Rigorous Standards for Fraud Pleadings and Procedural Fairness in Sua Sponte Dismissals: An Analysis of Carroll v. Fort James Corp

Date: Nov 28, 2006

Establishing Rigorous Standards for Fraud Pleadings and Procedural Fairness in Sua Sponte Dismissals: An Analysis of Carroll v. Fort James Corp Introduction The case of Gerald Carroll, et al. v. Fort...

Chen v. Gonzales: Establishing Boundaries for Asylum and Convention Against Torture Relief

Date: Nov 23, 2006

Chen v. Gonzales: Establishing Boundaries for Asylum and Convention Against Torture Relief Introduction Xue Zhen Chen, a native and citizen of China, challenged the decision of the Board of...

Affirming Civil Liability Under CFAA §1030(a)(4): Comprehensive Analysis of FSI v. Roehrs

Date: Nov 23, 2006

Affirming Civil Liability Under CFAA §1030(a)(4): Comprehensive Analysis of FSI v. Roehrs Introduction The case of Fiber Systems International, Inc. (FSI) v. Daniel Roehrs et al. adjudicated by the...

AEDPA Upholds Deference in Ineffective Assistance of Counsel Claims: St. Aubin v. Quarterman

Date: Nov 22, 2006

AEDPA Upholds Deference in Ineffective Assistance of Counsel Claims: St. Aubin v. Quarterman Introduction In the landmark case of Keith Michael St. Aubin v. Nathaniel Quarterman, the United States...

Insufficient Probable Cause for DNA Seizure: Kohler v. Baton Rouge Appellate Decision

Date: Nov 22, 2006

Insufficient Probable Cause for DNA Seizure: Kohler v. Baton Rouge Appellate Decision Introduction In Shannon Kohler v. Pat Englade et al., the United States Court of Appeals for the Fifth Circuit...

Affirmation of Conspiracy and Aiding and Abetting Convictions: Upholding Sufficient Evidence and Timely Appeal Procedures

Date: Nov 21, 2006

Affirmation of Conspiracy and Aiding and Abetting Convictions: Upholding Sufficient Evidence and Timely Appeal Procedures Introduction The case of UNITED STATES of America v. Crystal Charlene...

Rigorous Standards for Preserving Constitutional Claims in Habeas Corpus Petitions: Insights from Wright v. Quarterman

Date: Nov 18, 2006

Rigorous Standards for Preserving Constitutional Claims in Habeas Corpus Petitions: Insights from Wright v. Quarterman Introduction In Gregory Edward Wright v. Nathaniel Quarterman, the United States...