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  • Commentaries
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5th Circuit Case Commentaries

Implications of Comparative Negligence and Maintenance and Cure in Maritime Law: Boudreaux v. United States

Implications of Comparative Negligence and Maintenance and Cure in Maritime Law: Boudreaux v. United States

Date: Jan 16, 2002
Implications of Comparative Negligence and Maintenance and Cure in Maritime Law: Boudreaux v. United States Introduction Carroll P. Boudreaux, a seasoned merchant seaman with 25 years of experience,...
Fifth Circuit Clarifies Limits on Rule 41(a)(2) Dismissals: Ensuring Protection Against Legal Prejudice

Fifth Circuit Clarifies Limits on Rule 41(a)(2) Dismissals: Ensuring Protection Against Legal Prejudice

Date: Jan 15, 2002
Fifth Circuit Clarifies Limits on Rule 41(a)(2) Dismissals: Ensuring Protection Against Legal Prejudice Introduction In the appellate case James E. Elbaor, MD PA, Indi v. Tripath Imaging, Inc., the...
Cozzo v. Tangipahoa Parish: Examining Qualified Immunity and Constraints on Sovereign Immunity for Local Law Enforcement under 42 U.S.C. §1983

Cozzo v. Tangipahoa Parish: Examining Qualified Immunity and Constraints on Sovereign Immunity for Local Law Enforcement under 42 U.S.C. §1983

Date: Jan 11, 2002
Cozzo v. Tangipahoa Parish: Examining Qualified Immunity and Constraints on Sovereign Immunity for Local Law Enforcement under 42 U.S.C. §1983 Introduction This comprehensive commentary analyzes the...
Cross-Sex Prison Surveillance Upheld: Analysis of Oliver v. Scott et al.

Cross-Sex Prison Surveillance Upheld: Analysis of Oliver v. Scott et al.

Date: Jan 10, 2002
Cross-Sex Prison Surveillance Upheld: Analysis of Oliver v. Scott et al. Introduction Case: Norman Charles Oliver v. Wayne Scott, et al. Court: United States Court of Appeals, Fifth Circuit Date:...
Non-Alteration of Insurance Policies via Certificates of Insurance Affirmed in TIG Insurance Co. v. Sedgwick James

Non-Alteration of Insurance Policies via Certificates of Insurance Affirmed in TIG Insurance Co. v. Sedgwick James

Date: Jan 10, 2002
Non-Alteration of Insurance Policies via Certificates of Insurance Affirmed in TIG Insurance Co. v. Sedgwick James Introduction The case of TIG Insurance Company and Safety Lights Sales Leasing, Inc....
Limitation of Liability in Insurance Contracts: Insights from Merle Manguno v. Prudential

Limitation of Liability in Insurance Contracts: Insights from Merle Manguno v. Prudential

Date: Jan 9, 2002
Limitation of Liability in Insurance Contracts: Insights from Merle Manguno v. Prudential Introduction The case of Merle Manguno, Indi v. Prudential (276 F.3d 720) adjudicated by the United States...
Establishing the "Medical Improvement" Standard in Closed Period Social Security Disability Cases

Establishing the "Medical Improvement" Standard in Closed Period Social Security Disability Cases

Date: Jan 9, 2002
Establishing the "Medical Improvement" Standard in Closed Period Social Security Disability Cases Introduction The case of James R. Waters v. Jo Anne B. Barnhart (276 F.3d 716) addressed a pivotal...
Prescription and Release in Investment Banking Fiduciary Duty Claims: Analysis of Copeland v. Wasserstein

Prescription and Release in Investment Banking Fiduciary Duty Claims: Analysis of Copeland v. Wasserstein

Date: Jan 5, 2002
Prescription and Release in Investment Banking Fiduciary Duty Claims: Analysis of Copeland v. Wasserstein Introduction The case of Alvin C. Copeland v. Wasserstein, Perella Co., Inc., and Charles G....
Enforcement of Lease Maintenance Obligations: ITS v. VASP Brazilian Airlines

Enforcement of Lease Maintenance Obligations: ITS v. VASP Brazilian Airlines

Date: Jan 5, 2002
Enforcement of Lease Maintenance Obligations: ITS v. VASP Brazilian Airlines Introduction In the case of International Turbine Services, Inc. (ITS) v. VASP Brazilian Airlines, the United States Court...
Affirmation of MPL’s Non-Discriminatory Practices in Employment Decisions

Affirmation of MPL’s Non-Discriminatory Practices in Employment Decisions

Date: Jan 4, 2002
Affirmation of MPL’s Non-Discriminatory Practices in Employment Decisions Introduction The case of Herman Raggs v. Mississippi Power Light Company (278 F.3d 463), adjudicated by the United States...
Establishing Express Warranty as a Basis for Product Liability under the LPLA: Caboni v. General Motors

Establishing Express Warranty as a Basis for Product Liability under the LPLA: Caboni v. General Motors

Date: Jan 3, 2002
Establishing Express Warranty as a Basis for Product Liability under the LPLA: Caboni v. General Motors Introduction In the case of Caboni v. General Motors Corporation, the United States Court of...
Limitations on 'Related To' Jurisdiction and Motion to Stay in Asbestos Mass Tort Cases: Garlock, Inc. v. Arnold, Jr.

Limitations on 'Related To' Jurisdiction and Motion to Stay in Asbestos Mass Tort Cases: Garlock, Inc. v. Arnold, Jr.

Date: Dec 29, 2001
Limitations on 'Related To' Jurisdiction and Motion to Stay in Asbestos Mass Tort Cases: Garlock, Inc. v. Arnold, Jr. Introduction In the case of Billy Arnold, Jr., et al. v. Garlock, Inc., 278 F.3d...
Reinforcing Legal Protections for Tobacco Manufacturers under Texas Civil Practice Remedies Code § 82.004

Reinforcing Legal Protections for Tobacco Manufacturers under Texas Civil Practice Remedies Code § 82.004

Date: Dec 29, 2001
Reinforcing Legal Protections for Tobacco Manufacturers under Texas Civil Practice Remedies Code § 82.004 Introduction The legal landscape surrounding tobacco litigation reached a pivotal moment in...
Affirming Non-State Actor Status of Private Employers in §1983 Claims Involving Off-Duty Police Personnel

Affirming Non-State Actor Status of Private Employers in §1983 Claims Involving Off-Duty Police Personnel

Date: Dec 27, 2001
Affirming Non-State Actor Status of Private Employers in §1983 Claims Involving Off-Duty Police Personnel Introduction Deborah Morris, an African-American citizen, initiated a lawsuit against Dillard...
Establishing Pretext in Retaliation Claims under Title VII: Montemayor v. City of San Antonio

Establishing Pretext in Retaliation Claims under Title VII: Montemayor v. City of San Antonio

Date: Dec 20, 2001
Establishing Pretext in Retaliation Claims under Title VII: Montemayor v. City of San Antonio Introduction The case of Gina Marie Montemayor v. City of San Antonio adjudicated by the United States...
Time-Barred Malicious Prosecution Claims Under the Federal Tort Claims Act: Analysis of United States v. Ramming

Time-Barred Malicious Prosecution Claims Under the Federal Tort Claims Act: Analysis of United States v. Ramming

Date: Dec 20, 2001
Time-Barred Malicious Prosecution Claims Under the Federal Tort Claims Act: Analysis of United States v. Ramming Introduction United States v. Ramming, 281 F.3d 158 (5th Cir. 2001), addresses the...
Daley v. City of Houston: 5th Circuit Clarifies FLSA §207(k) Exemption for EMS Employees

Daley v. City of Houston: 5th Circuit Clarifies FLSA §207(k) Exemption for EMS Employees

Date: Dec 15, 2001
Daley v. City of Houston: 5th Circuit Clarifies FLSA §207(k) Exemption for EMS Employees Introduction In the landmark case of Daley v. City of Houston, decided on December 14, 2001, the United States...
Redefining "Occurrence": Implications for Homeowner's Insurance Coverage in Negligence and Intentional Tort Cases

Redefining "Occurrence": Implications for Homeowner's Insurance Coverage in Negligence and Intentional Tort Cases

Date: Dec 13, 2001
Redefining "Occurrence": Implications for Homeowner's Insurance Coverage in Negligence and Intentional Tort Cases Introduction The appellate decision in American National General Insurance Company v....
Hostile Work Environment and Employer Liability: Insights from Georgia M. Woods v. Delta Beverage Group, Inc.

Hostile Work Environment and Employer Liability: Insights from Georgia M. Woods v. Delta Beverage Group, Inc.

Date: Dec 12, 2001
Hostile Work Environment and Employer Liability: Insights from Georgia M. Woods v. Delta Beverage Group, Inc. Introduction Georgia M. Woods v. Delta Beverage Group, Inc. is a landmark case...
Exceeding the Scope of Private Searches: Fifth Circuit's Decision in Runyan v. United States

Exceeding the Scope of Private Searches: Fifth Circuit's Decision in Runyan v. United States

Date: Dec 11, 2001
Exceeding the Scope of Private Searches: Fifth Circuit's Decision in Runyan v. United States Introduction In United States of America v. Robert Beam Runyan, 275 F.3d 449 (5th Cir. 2001), the United...
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