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  • Commentaries
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5th Circuit Case Commentaries

Affirmation of Involuntary Removal: Standards for Retaliation and Disability Claims under Title VII and the ADA

Affirmation of Involuntary Removal: Standards for Retaliation and Disability Claims under Title VII and the ADA

Date: Dec 11, 2001
Affirmation of Involuntary Removal: Standards for Retaliation and Disability Claims under Title VII and the ADA Introduction In the case of William M. Aldrup v. Louis Caldera, Secretary of the U.S....
Clarifying Prosecutorial and Witness Immunity under §1983: Analysis of Mowbray v. Cameron County

Clarifying Prosecutorial and Witness Immunity under §1983: Analysis of Mowbray v. Cameron County

Date: Dec 7, 2001
Clarifying Prosecutorial and Witness Immunity under §1983: Analysis of Mowbray v. Cameron County Introduction In the landmark case of Mowbray v. Cameron County, 274 F.3d 269 (5th Cir. 2001), Freda...
Affirmation of Summary Judgment in Insurance Contract Dispute: Provident Life v. Goel

Affirmation of Summary Judgment in Insurance Contract Dispute: Provident Life v. Goel

Date: Dec 5, 2001
Affirmation of Summary Judgment in Insurance Contract Dispute: Provident Life v. Goel Introduction The case of Provident Life and Accident Insurance Company v. Dinesh K. Goel, adjudicated by the...
Reaffirming AEDPA's Deferential Review: Full and Fair Hearing Not a Prerequisite – Valdez v. Cockrell

Reaffirming AEDPA's Deferential Review: Full and Fair Hearing Not a Prerequisite – Valdez v. Cockrell

Date: Dec 4, 2001
Reaffirming AEDPA's Deferential Review: Full and Fair Hearing Not a Prerequisite Valdez v. Cockrell, Director, Texas Department of Criminal Justice, Institutional Division Court: United States Court...
Exhaustion of Federal Due Process Claims: Analysis of Wilder v. Cockrell

Exhaustion of Federal Due Process Claims: Analysis of Wilder v. Cockrell

Date: Nov 27, 2001
Exhaustion of Federal Due Process Claims: Analysis of Wilder v. Cockrell Introduction Donald Allen Wilder appealed his convictions for theft and murder in the United States Court of Appeals for the...
Strickland Applied to Appellate Counsel Ineffectiveness in Death Penalty Habeas Corpus: Briseno v. Cockrell

Strickland Applied to Appellate Counsel Ineffectiveness in Death Penalty Habeas Corpus: Briseno v. Cockrell

Date: Nov 27, 2001
Strickland Applied to Appellate Counsel Ineffectiveness in Death Penalty Habeas Corpus: Briseno v. Cockrell Introduction Briseno v. Cockrell is a pivotal case in the realm of appellate criminal...
Establishing Standards for Firearm Enhancements and Drug Quantity Attribution in Conspiracy Sentences: United States v. Cooper et al.

Establishing Standards for Firearm Enhancements and Drug Quantity Attribution in Conspiracy Sentences: United States v. Cooper et al.

Date: Nov 27, 2001
Establishing Standards for Firearm Enhancements and Drug Quantity Attribution in Conspiracy Sentences: United States v. Cooper et al. Introduction The case United States of America v. Jaltheus...
Denial of Pay Increase Recognized as Ultimate Employment Decision in Title VII Retaliation Claim

Denial of Pay Increase Recognized as Ultimate Employment Decision in Title VII Retaliation Claim

Date: Nov 22, 2001
Denial of Pay Increase Recognized as Ultimate Employment Decision in Title VII Retaliation Claim Introduction The case of Salome Fierros v. Texas Department of Health (274 F.3d 187) presents a...
Ensuring Proper Party Representation in Bankruptcy-Related Discrimination Claims: Wieburg v. GTE Southwest Inc.

Ensuring Proper Party Representation in Bankruptcy-Related Discrimination Claims: Wieburg v. GTE Southwest Inc.

Date: Nov 21, 2001
Ensuring Proper Party Representation in Bankruptcy-Related Discrimination Claims: Wieburg v. GTE Southwest Inc. Introduction In Wieburg v. GTE Southwest Inc., the United States Court of Appeals for...
Clarification on Sentencing Guidelines for Possession with Intent to Traffic Child Pornography - United States v. Paul

Clarification on Sentencing Guidelines for Possession with Intent to Traffic Child Pornography - United States v. Paul

Date: Nov 20, 2001
Clarification on Sentencing Guidelines for Possession with Intent to Traffic Child Pornography Introduction In United States v. Ronald Scott Paul (274 F.3d 155), the United States Court of Appeals...
Preemption of State Statutes in Railroad Operations: Friberg v. Kansas City Southern Railway Company

Preemption of State Statutes in Railroad Operations: Friberg v. Kansas City Southern Railway Company

Date: Nov 16, 2001
Preemption of State Statutes in Railroad Operations: Friberg v. Kansas City Southern Railway Company Introduction The case of Gunard Friberg, Etc. v. Kansas City Southern Railway Company addresses...
Signal Composites v. Ameristar Jet Charter: Reversal on Breach of Warranty Claim

Signal Composites v. Ameristar Jet Charter: Reversal on Breach of Warranty Claim

Date: Nov 14, 2001
Signal Composites v. Ameristar Jet Charter: Reversal on Breach of Warranty Claim Introduction The case of Ameristar Jet Charter, Inc. v. Signal Composites, Inc. addressed significant issues...
Procedural Bars in 28 U.S.C. § 2255 Motions: An Analysis of United States v. Willis

Procedural Bars in 28 U.S.C. § 2255 Motions: An Analysis of United States v. Willis

Date: Nov 13, 2001
Procedural Bars in 28 U.S.C. § 2255 Motions: An Analysis of United States v. Willis Introduction The case of United States v. Joseph Jerome Willis, 273 F.3d 592 (5th Cir. 2001), centers on Joseph...
Protecting Public Employee Speech on Matters of Public Concern: Branton v. City of Dallas

Protecting Public Employee Speech on Matters of Public Concern: Branton v. City of Dallas

Date: Nov 10, 2001
Protecting Public Employee Speech on Matters of Public Concern: Branton v. City of Dallas Introduction Branton v. City of Dallas is a landmark case decided by the United States Court of Appeals for...
Strict Standards for Common Legal Interest Privilege Upheld in Santa Fe International Corporation Case

Strict Standards for Common Legal Interest Privilege Upheld in Santa Fe International Corporation Case

Date: Nov 8, 2001
Strict Standards for Common Legal Interest Privilege Upheld in Santa Fe International Corporation Case Introduction In the landmark case of In re: Santa Fe International Corporation, 272 F.3d 705...
Affirmation of Plan Administrator’s Interpretation Under ERISA: Gosselink v. SBC Communications

Affirmation of Plan Administrator’s Interpretation Under ERISA: Gosselink v. SBC Communications

Date: Nov 8, 2001
Affirmation of Plan Administrator’s Interpretation Under ERISA: Gosselink v. SBC Communications Introduction The case of Gosselink, Tutt, and Simms v. SBC Communications addresses the interpretation...
Affirmation of Legitimate Termination in Discrimination Claims: Wallace v. Methodist Hospital System

Affirmation of Legitimate Termination in Discrimination Claims: Wallace v. Methodist Hospital System

Date: Nov 8, 2001
Affirmation of Legitimate Termination in Discrimination Claims: Wallace v. Methodist Hospital System Introduction The case of Veronica A. Wallace v. The Methodist Hospital System (271 F.3d 212) is a...
Affirmation of Military Contractor Defense and Federal Removal in Agent Orange Litigation: Miller v. Diamond Shamrock Co.

Affirmation of Military Contractor Defense and Federal Removal in Agent Orange Litigation: Miller v. Diamond Shamrock Co.

Date: Oct 31, 2001
Affirmation of Military Contractor Defense and Federal Removal in Agent Orange Litigation: Miller v. Diamond Shamrock Co. Introduction Rodney A. Miller v. Diamond Shamrock Co., 275 F.3d 414 (5th Cir....
Santellan v. Cockrell: Upholding AEDPA Standards in Capital Murder Habeas Corpus Review

Santellan v. Cockrell: Upholding AEDPA Standards in Capital Murder Habeas Corpus Review

Date: Oct 18, 2001
Santellan v. Cockrell: Upholding AEDPA Standards in Capital Murder Habeas Corpus Review Introduction Santellan v. Cockrell, 271 F.3d 190 (5th Cir. 2001), is a pivotal case addressing the standards...
Affirmation of School Uniform Policy under First and Fourteenth Amendments: Littlefield v. Forney Independent School District

Affirmation of School Uniform Policy under First and Fourteenth Amendments: Littlefield v. Forney Independent School District

Date: Oct 18, 2001
Affirmation of School Uniform Policy under First and Fourteenth Amendments: Littlefield v. Forney Independent School District Introduction In Littlefield v. Forney Independent School District, 268...
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