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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

United States v. Emerson: Affirming Individual Second Amendment Rights in Firearm Possession Under Restraining Orders

United States v. Emerson: Affirming Individual Second Amendment Rights in Firearm Possession Under Restraining Orders

Date: Oct 17, 2001
United States v. Emerson: Affirming Individual Second Amendment Rights in Firearm Possession Under Restraining Orders Introduction Case: United States of America v. Timothy Joe Emerson Court: United...
Affirmation of Comprehensive Tax Evasion Elements and Juror Disqualification Integrity in UNITED STATES v. BISHOP

Affirmation of Comprehensive Tax Evasion Elements and Juror Disqualification Integrity in UNITED STATES v. BISHOP

Date: Oct 16, 2001
Affirmation of Comprehensive Tax Evasion Elements and Juror Disqualification Integrity in UNITED STATES v. BISHOP Introduction The case of United States of America v. George Meredith Bishop, III (264...
Reaffirmation of Prejudice Standard in Ineffective Assistance of Counsel Claims: United States v. Dovalina

Reaffirmation of Prejudice Standard in Ineffective Assistance of Counsel Claims: United States v. Dovalina

Date: Oct 10, 2001
Reaffirmation of Prejudice Standard in Ineffective Assistance of Counsel Claims: United States v. Dovalina Introduction In the case of The UNITED STATES of America, Plaintiff-Appellee, v. Jorge Luis...
Reaffirmation of the 30% Temporal Connection Test for Seaman Status and Classification of Wireline Perforation as Non-Ultrahazardous under Louisiana Law

Reaffirmation of the 30% Temporal Connection Test for Seaman Status and Classification of Wireline Perforation as Non-Ultrahazardous under Louisiana Law

Date: Oct 3, 2001
Reaffirmation of the 30% Temporal Connection Test for Seaman Status and Classification of Wireline Perforation as Non-Ultrahazardous under Louisiana Law Introduction In Rusty Roberts, indi v. Dually...
Nathenson v. Zonagen Inc.: Strengthening Pleading Standards in Securities Fraud Litigation

Nathenson v. Zonagen Inc.: Strengthening Pleading Standards in Securities Fraud Litigation

Date: Sep 26, 2001
Nathenson v. Zonagen Inc.: Strengthening Pleading Standards in Securities Fraud Litigation Introduction The case of James M. Nathenson et al. v. Zonagen Inc. et al. (267 F.3d 400, United States Court...
Extended Detention Limits in Traffic Stops under the Fourth Amendment

Extended Detention Limits in Traffic Stops under the Fourth Amendment

Date: Sep 22, 2001
Extended Detention Limits in Traffic Stops under the Fourth Amendment Introduction The case of United States of America v. Jesus Valadez, adjudicated by the United States Court of Appeals for the...
Reinforcing Summary Judgment Standards and Limiting the Continuing Violation Doctrine in Title VII Racial Discrimination Cases

Reinforcing Summary Judgment Standards and Limiting the Continuing Violation Doctrine in Title VII Racial Discrimination Cases

Date: Sep 19, 2001
Reinforcing Summary Judgment Standards and Limiting the Continuing Violation Doctrine in Title VII Racial Discrimination Cases Introduction The case of Audrey T. CELESTINE et al. v. PETROLEOS DE...
Apprendi Applied to Drug Sentencing: Meshack v. United States

Apprendi Applied to Drug Sentencing: Meshack v. United States

Date: Sep 19, 2001
Apprendi Applied to Drug Sentencing: Meshack v. United States Introduction In the landmark case of United States of America v. Hugh Von Meshack; Lawayne Thomas; Linda Parker; Terrence Ian Hodges,...
Duty to Defend in Environmental Pollution Claims: A Comprehensive Analysis of Harken Exploration Co. v. Sphere Drake Insurance PLC

Duty to Defend in Environmental Pollution Claims: A Comprehensive Analysis of Harken Exploration Co. v. Sphere Drake Insurance PLC

Date: Sep 15, 2001
Duty to Defend in Environmental Pollution Claims: A Comprehensive Analysis of Harken Exploration Co. v. Sphere Drake Insurance PLC Introduction In the landmark case of Harken Exploration Company v....
Jurisdictional Clarifications in Patent and Non-Patent Claim Disputes: Logan v. HoneyBaked

Jurisdictional Clarifications in Patent and Non-Patent Claim Disputes: Logan v. HoneyBaked

Date: Sep 13, 2001
Jurisdictional Clarifications in Patent and Non-Patent Claim Disputes: Logan v. HoneyBaked Introduction In the case of James P. Logan, Jr. v. Burgers Ozark Country Cured Hams Inc., decided on...
Burden of Proof on Asylum Applicants for Internal Relocation Feasibility

Burden of Proof on Asylum Applicants for Internal Relocation Feasibility

Date: Sep 8, 2001
Burden of Proof on Asylum Applicants for Internal Relocation Feasibility Introduction The case of Ruben Dario R. Lopez-Gomez and Teresa Del Carmen Gomez-Penate v. John Ashcroft, U.S. Attorney General...
Affirmation of Conspiracy Convictions: Harmless Error in Jury Substitution and Prosecutorial Conduct

Affirmation of Conspiracy Convictions: Harmless Error in Jury Substitution and Prosecutorial Conduct

Date: Sep 6, 2001
Affirmation of Conspiracy Convictions: Harmless Error in Jury Substitution and Prosecutorial Conduct Introduction In the case of United States of America v. Blas Virgen-Moreno et al., decided by the...
U.S. Fifth Circuit Upholds Conspiracy Conviction: Jury Selection and Evidentiary Standards

U.S. Fifth Circuit Upholds Conspiracy Conviction: Jury Selection and Evidentiary Standards

Date: Aug 31, 2001
U.S. Fifth Circuit Upholds Conspiracy Conviction: Jury Selection and Evidentiary Standards Introduction In the case of United States of America v. Robert Leslie Williams, reported at 264 F.3d 561,...
State Discretion in Jury Instructions on Parole Ineligibility Upheld: Tigner v. Cockrell

State Discretion in Jury Instructions on Parole Ineligibility Upheld: Tigner v. Cockrell

Date: Aug 29, 2001
State Discretion in Jury Instructions on Parole Ineligibility Upheld: Tigner v. Cockrell Introduction Gerald Wayne Tigner, a death row inmate in Texas, sought to challenge the denial of his habeas...
Daugherty v. United States: Affirmation of Felon Status in Federal Firearm Prohibitions Despite Probation Completion

Daugherty v. United States: Affirmation of Felon Status in Federal Firearm Prohibitions Despite Probation Completion

Date: Aug 29, 2001
Daugherty v. United States: Affirmation of Felon Status in Federal Firearm Prohibitions Despite Probation Completion Introduction In United States v. Mitchell Ray Daugherty, 264 F.3d 513 (5th Cir....
Affirmation of §1447(d) and Appellate Jurisdiction Limits in Doleac v. Michalson

Affirmation of §1447(d) and Appellate Jurisdiction Limits in Doleac v. Michalson

Date: Aug 28, 2001
Affirmation of §1447(d) and Appellate Jurisdiction Limits in Doleac v. Michalson Introduction Doleac v. Michalson is a pivotal case decided by the United States Court of Appeals for the Fifth Circuit...
State Regulation of Manufacturer's Resale Practices Upheld under Dormant Commerce Clause – Ford Motor Company v. Texas Dept. of Transportation

State Regulation of Manufacturer's Resale Practices Upheld under Dormant Commerce Clause – Ford Motor Company v. Texas Dept. of Transportation

Date: Aug 28, 2001
State Regulation of Manufacturer's Resale Practices Upheld under Dormant Commerce Clause – Ford Motor Company v. Texas Dept. of Transportation Introduction In the landmark case Ford Motor Company v....
Liberty Interests in Calendar Time Following Erroneous Release: Thompson v. Cockrell

Liberty Interests in Calendar Time Following Erroneous Release: Thompson v. Cockrell

Date: Aug 24, 2001
Liberty Interests in Calendar Time Following Erroneous Release: Thompson v. Cockrell Introduction Fernando Thompson, a petitioner from Overton, Texas, appealed the denial of his application for a...
Establishing Personal Liability for Corporate Officers under the TCPA: The Texas v. American Blastfax Decision

Establishing Personal Liability for Corporate Officers under the TCPA: The Texas v. American Blastfax Decision

Date: Aug 18, 2001
Establishing Personal Liability for Corporate Officers under the TCPA: The Texas v. American Blastfax Decision Introduction The case of State of Texas v. American Blastfax, Inc., et al. adjudicated...
Fifth Circuit Upholds Denial of Certificate of Appealability in Styron v. Johnson

Fifth Circuit Upholds Denial of Certificate of Appealability in Styron v. Johnson

Date: Aug 16, 2001
Fifth Circuit Upholds Denial of Certificate of Appealability in Styron v. Johnson Introduction In the case of Ronford Lee Styron, Jr. v. Gary L. Johnson, stylized as Styron v. Johnson, the United...
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