5th Circuit Case Commentaries

Mandate Rule and Sentencing Guidelines in United States v. Pineiro: A Comprehensive Analysis

Date: Nov 10, 2006

Mandate Rule and Sentencing Guidelines in United States v. Pineiro: A Comprehensive Analysis Introduction United States v. Francisco D. Pineiro is a pivotal case in the realm of federal sentencing...

Clarifying the McCorpen Standard for Maintenance and Cure: Jauch v. Nautical Services, Inc., 470 F.3d 207 (5th Cir. 2006)

Date: Nov 10, 2006

Clarifying the McCorpen Standard for Maintenance and Cure: Jauch v. Nautical Services, Inc. Introduction The case of Jon Anthony Jauch v. Nautical Services, Inc., 470 F.3d 207 (5th Cir. 2006), serves...

Brazos River Authority v. GE Ionics: Establishing Standards for Evidentiary Admissibility in Civil Breach of Warranty Claims

Date: Nov 7, 2006

Brazos River Authority v. GE Ionics: Establishing Standards for Evidentiary Admissibility in Civil Breach of Warranty Claims Introduction Brazos River Authority (BRA), a state agency responsible for...

Affirmation of Protective Sweep Doctrine in Warrantless Search: United States v. Bernard Charles

Date: Nov 4, 2006

Affirmation of Protective Sweep Doctrine in Warrantless Search: United States v. Bernard Charles Introduction Case: UNITED STATES of America, Plaintiff-Appellee, v. Bernard Allen CHARLES,...

Reversing Summary Judgment in Employment Discrimination: Insights from Culwell v. City of Fort Worth

Date: Nov 1, 2006

Reversing Summary Judgment in Employment Discrimination: Insights from Culwell v. City of Fort Worth Introduction The case of Culwell and Conrad v. City of Fort Worth (468 F.3d 868) presents a...

Fifth Circuit Affirms Robbery as a Crime of Violence for Sentencing Enhancements

Date: Nov 1, 2006

Fifth Circuit Affirms Robbery as a Crime of Violence for Sentencing Enhancements Introduction In the case of United States of America v. Pedro Santiesteban-Hernandez, the United States Court of...

Fifth Circuit Upholds Sentencing Enhancements for Intentional Trafficking in Counterfeit Goods, Mandates Restitution Based on Actual Loss

Date: Oct 25, 2006

Fifth Circuit Upholds Sentencing Enhancements for Intentional Trafficking in Counterfeit Goods, Mandates Restitution Based on Actual Loss Introduction The case of United States of America v. Wajdi...

Asylum Eligibility and the 'Test Country' Requirement: Insights from Tesfamichael & Tessema-Damte v. Gonzales

Date: Oct 25, 2006

Asylum Eligibility and the 'Test Country' Requirement: Insights from Tesfamichael & Tessema-Damte v. Gonzales Introduction The case of Senait Kidane Tesfamichael and Dawit Tessema-Damte v. Alberto R....

ERISA Preemption and State Law Claims: Insights from Bank of Louisiana v. Aetna U.S. Healthcare Inc.

Date: Oct 19, 2006

ERISA Preemption and State Law Claims: Insights from Bank of Louisiana v. Aetna U.S. Healthcare Inc. Introduction The case of Bank of Louisiana v. Aetna U.S. Healthcare Inc., adjudicated by the...

Affirmation of CCE Liability in Online Pharmacy Operations: An Analysis of United States v. Fuchs

Date: Oct 18, 2006

Affirmation of CCE Liability in Online Pharmacy Operations: An Analysis of United States v. Fuchs Introduction The case of United States of America v. Clayton H. Fuchs; Eugene Gonzales; Waldrick...

Defining Limits of Attorney-Client Privilege and Work Product Doctrine: SEC v. Brady

Date: Oct 17, 2006

Defining Limits of Attorney-Client Privilege and Work Product Doctrine: SEC v. Brady Introduction In the landmark case of Securities Exchange Commission (SEC) v. Gregory A. Brady, the United States...

Reversing Summary Dismissal: 5th Circuit Upholds Adequate Pleading Standards in Louisiana Credit Agreement Disputes

Date: Oct 7, 2006

Reversing Summary Dismissal: 5th Circuit Upholds Adequate Pleading Standards in Louisiana Credit Agreement Disputes Introduction The case of EPCO Carbon Dioxide Products, Inc. v. JP Morgan Chase...

Establishing Limits on Qualified Immunity in Eighth Amendment Claims: Easter v. Powell

Date: Oct 6, 2006

Establishing Limits on Qualified Immunity in Eighth Amendment Claims: Easter v. Powell Introduction Easter v. Powell, 467 F.3d 459 (5th Cir. 2006), is a pivotal case in the realm of prisoners' rights...

Enhancing Tax Evasion Sentencing: U.S. v. Roush Establishes Critical Guideline Adherence

Date: Oct 4, 2006

Enhancing Tax Evasion Sentencing: U.S. v. Roush Establishes Critical Guideline Adherence Introduction In the matter of UNITED STATES of America v. Edward Wesley Roush, Jr., the United States Court of...

Foster v. Quarterman: Clarifying Enmund/Tison Standards under AEDPA

Date: Oct 3, 2006

Foster v. Quarterman: Clarifying Enmund/Tison Standards under AEDPA Introduction Kenneth Eugene Foster was convicted in Texas state court for capital murder committed during an armed robbery in 1996...

5th Circuit Affirms Use of Juvenile Convictions for Life Sentence Enhancements in Drug Offenses

Date: Sep 30, 2006

5th Circuit Affirms Use of Juvenile Convictions for Life Sentence Enhancements in Drug Offenses Introduction The case of United States of America v. Melvin Lee Mays (466 F.3d 335) addresses...

Affirmation of HUD's Discretion in Environmental and Historic Preservation Assessments under NEPA and NHPA

Date: Sep 19, 2006

Affirmation of HUD's Discretion in Environmental and Historic Preservation Assessments under NEPA and NHPA Introduction The case of Coliseum Square Association, Inc. et al. v. Alphonso Jackson et...

Affirmation of Denial of Qualified Immunity in First Amendment Retaliation Claim and Reversal in FMLA Retaliation Claim in Modica v. Taylor

Date: Sep 14, 2006

Affirmation of Denial of Qualified Immunity in First Amendment Retaliation Claim and Reversal in FMLA Retaliation Claim in Modica v. Taylor Introduction In the case of Carolyn Modica,...

Preservation of Original Statute of Limitations Through Rule 60(b) Reinstatement: Stanley v. Roster et al.

Date: Sep 13, 2006

Preservation of Original Statute of Limitations Through Rule 60(b) Reinstatement: Stanley v. Roster et al. Introduction In the case of Raymond Stanley v. Terry Roster; Michael Geerdes; Francine...

Scope of Permissive Use and Insurance Coverage in Employer Liability: Adams v. Travelers Indemnity Co.

Date: Sep 13, 2006

Scope of Permissive Use and Insurance Coverage in Employer Liability: Adams v. Travelers Indemnity Co. Introduction Adams v. Travelers Indemnity Company of Connecticut is a pivotal case that examines...