5th Circuit Case Commentaries

Equitable Tolling in Successive Habeas Applications: Insights from In re: Marvin Lee Wilson

Date: Mar 11, 2006

Equitable Tolling in Successive Habeas Applications: Insights from In re: Marvin Lee Wilson Introduction In re: Marvin Lee Wilson (442 F.3d 872) is a pivotal case decided by the United States Court...

Clarifying Criminal History Score Calculation under 8 U.S.C. § 1326: Insights from United States v. Arviso-Mata

Date: Mar 8, 2006

Clarifying Criminal History Score Calculation under 8 U.S.C. § 1326: Insights from United States v. Arviso-Mata Introduction In the landmark case of United States of America v. Juan Arviso-Mata, the...

Clarifying 'Loss' in Sentencing Guidelines for Workers' Compensation Fraud: United States v. Harms

Date: Mar 7, 2006

Clarifying 'Loss' in Sentencing Guidelines for Workers' Compensation Fraud: United States v. Harms Introduction In United States v. Michael Lee Harms, 442 F.3d 367 (5th Cir. 2006), the United States...

Enhancing Sentencing Flexibility: Upward Departure in Federal Sentencing Guidelines

Date: Mar 7, 2006

Enhancing Sentencing Flexibility: Upward Departure in Federal Sentencing Guidelines Introduction The case of United States of America v. Dario Zuniga-Peralta, decided by the United States Court of...

Affirmation on Brady Violation Claims and Restriction on Motion Amendments in United States v. Edwards

Date: Mar 2, 2006

Affirmation on Brady Violation Claims and Restriction on Motion Amendments in United States v. Edwards Introduction In United States v. Edwards, 442 F.3d 258 (5th Cir. 2006), the appellants—four-term...

Reaffirming Reasonableness in Non-Guideline Sentencing Post-Booker: Insights from United States v. Smith

Date: Feb 18, 2006

Reaffirming Reasonableness in Non-Guideline Sentencing Post-Booker: Insights from United States v. Smith Introduction The landmark case of United States v. Jamold Smith, decided by the United States...

Strengthened Pleading Standards under PSLRA: Analysis of Financial Acquisition Partners LP v. Blackwell et al.

Date: Feb 15, 2006

Strengthened Pleading Standards under PSLRA: Analysis of Financial Acquisition Partners LP v. Blackwell et al. Introduction The case Financial Acquisition Partners LP v. Blackwell et al. (440 F.3d...

Pierce v. Barnhart: Clarifying Timeliness of Attorney's Fees under EAJA and §406(b)

Date: Feb 15, 2006

Pierce v. Barnhart: Clarifying Timeliness of Attorney's Fees under EAJA and §406(b) Introduction The case of Michael Pierce and Dennis King versus Jo Anne B. Barnhart, Commissioner of Social...

Clarifying Jurisdiction and Sentencing Guidelines: Analysis of United States v. Story

Date: Feb 3, 2006

Clarifying Jurisdiction and Sentencing Guidelines: Analysis of United States v. Story Introduction United States of America v. Paul Jerome Story, 439 F.3d 226 (5th Cir. 2006), serves as a significant...

Abuse of Discretion in Granting Stay: Stewart v. Western Heritage Insurance Co.

Date: Jan 27, 2006

Abuse of Discretion in Granting Stay: Stewart v. Western Heritage Insurance Co. (438 F.3d 488) Introduction The case of Susie Pierce Stewart v. Western Heritage Insurance Company addresses critical...

Fifth Circuit Clarifies Carrier Liability Under the Carmack Amendment in MAN Roland Inc. v. ASCO USA, LLC

Date: Jan 27, 2006

Fifth Circuit Clarifies Carrier Liability Under the Carmack Amendment in MAN Roland Inc. v. ASCO USA, LLC Introduction In the landmark case MAN Roland Inc. v. ASCO USA, LLC, decided on January 26,...

Fifth Circuit Reaffirms Stream of Commerce Basis for Personal Jurisdiction in Luv N' Care v. Insta-Mix

Date: Jan 26, 2006

Fifth Circuit Reaffirms Stream of Commerce Basis for Personal Jurisdiction in Luv N' Care, Ltd. v. Insta-Mix, Inc. Introduction The case of Luv N' Care, Ltd. v. Insta-Mix, Inc. represents a...

Sanctioning Frivolous Appeals: Upholding Judicial Integrity in Stearman v. Commissioner of Internal Revenue

Date: Jan 20, 2006

Sanctioning Frivolous Appeals: Upholding Judicial Integrity in Stearman v. Commissioner of Internal Revenue Introduction In the landmark case of William C. Stearman, III v. Commissioner of Internal...

Affirmation of Civil Rights Violations under 18 U.S.C. § 242: Gonzales v. United States

Date: Jan 18, 2006

Affirmation of Civil Rights Violations under 18 U.S.C. § 242: Gonzales v. United States Introduction In the landmark case of United States of America v. Richard Gonzales, Louis Gomez, Carlos Reyna,...

Expansion of UFTA Fraudulent Transfer Liability Beyond Knowing Participants: Warfield v. Byron and Johnson

Date: Jan 18, 2006

Expansion of UFTA Fraudulent Transfer Liability Beyond Knowing Participants: Warfield v. Byron and Johnson Introduction In the landmark case of Warfield v. Byron and Johnson, decided by the United...

Establishing Removal Jurisdiction in the Context of Improperly Joined Defendants: Insights from Crockett v. R.J. Reynolds Tobacco Co.

Date: Jan 14, 2006

Establishing Removal Jurisdiction in the Context of Improperly Joined Defendants: Insights from Crockett v. R.J. Reynolds Tobacco Co. Introduction The case of Johnny Crockett, et al. v. R.J. Reynolds...

Reverse Preemption of the Federal Arbitration Act by State Insurance Regulation: Insights from American Bankers Insurance Co. of Florida v. Jack Inman

Date: Jan 12, 2006

Reverse Preemption of the Federal Arbitration Act by State Insurance Regulation: Insights from American Bankers Insurance Co. of Florida v. Jack Inman Introduction The case of American Bankers...

Procedural Pathways for Reopening In Absentia Removal Orders: Insights from Onkar Singh v. Gonzales

Date: Jan 12, 2006

Procedural Pathways for Reopening In Absentia Removal Orders: Insights from Onkar Singh v. Gonzales Introduction The case of Onkar Singh v. Alberto R. Gonzales, adjudicated by the United States Court...

Establishing 'Regarded As' Disability Discrimination under TCHRA/ADA: Rodriguez v. ConAgra

Date: Jan 11, 2006

Establishing 'Regarded As' Disability Discrimination under TCHRA/ADA: Rodriguez v. ConAgra Grocery Products Co. Introduction In Rodriguez v. ConAgra Grocery Products Co., the United States Court of...

Affirmation of Relevant Conduct Usage and Presumption of Reasonableness in Sentencing Post-Booker

Date: Jan 10, 2006

Affirmation of Relevant Conduct Usage and Presumption of Reasonableness in Sentencing Post-Booker Introduction United States of America v. Aurelio Alonzo, Jr., 435 F.3d 551 (5th Cir. 2006), is a...