5th Circuit Case Commentaries

Presumption of Prejudice in Cases of Counsel's Repeated Unconsciousness: An Analysis of Cal v. Burdine (5th Cir. 2001)

Date: Aug 14, 2001

Presumption of Prejudice in Cases of Counsel's Repeated Unconsciousness: An Analysis of Cal v. Burdine (5th Cir. 2001) Introduction In the landmark case of Calvin Jerold Burdine v. Gary L. Johnson,...

Title VII Precedent on Same-Sex Sexual Harassment and Retaliation: Mota v. The University of Texas Houston Health Science Center

Date: Aug 10, 2001

Title VII Precedent on Same-Sex Sexual Harassment and Retaliation: Mota v. The University of Texas Houston Health Science Center Introduction Mota v. The University of Texas Houston Health Science...

Time-Barred Habeas Corpus Petition: Melancon v. Kaylo

Date: Aug 7, 2001

Time-Barred Habeas Corpus Petition: Melancon v. Kaylo Introduction Melancon v. Kaylo, 259 F.3d 401 (5th Cir. 2001), is a pivotal case addressing the timeliness of federal habeas corpus petitions...

Federal Arbitration Act Preempts Louisiana Statute in OPE International LP v. Chet Morrison Contractors, Inc.

Date: Aug 2, 2001

Federal Arbitration Act Preempts Louisiana Statute in OPE International LP v. Chet Morrison Contractors, Inc. Introduction The case of OPE International LP v. Chet Morrison Contractors, Inc....

Implied Consent to Jurisdiction in Arbitration Agreements: Insights from PaineWebber v. Chase Manhattan Private Bank

Date: Aug 1, 2001

Implied Consent to Jurisdiction in Arbitration Agreements: Insights from PaineWebber v. Chase Manhattan Private Bank Introduction The case PaineWebber Incorporated v. The Chase Manhattan Private Bank...

Strict Adherence to Procedural Requirements in Immigration Motions: Insights from Kuang-Te Wang v. U.S. Attorney General

Date: Aug 1, 2001

Strict Adherence to Procedural Requirements in Immigration Motions: Insights from Kuang-Te Wang v. U.S. Attorney General Introduction The case of Kuang-Te Wang v. John Ashcroft, U.S. Attorney General...

Enhancing Class Representation Adequacy in Securities Litigation: Analysis of Berger v. Compaq

Date: Jul 26, 2001

Enhancing Class Representation Adequacy in Securities Litigation: Analysis of Berger v. Compaq Introduction The case of Mark Berger, on Behalf of Himself and All Others Similarly Situated,...

Fifth Circuit Upholds Grooming Policy under Free Exercise Clause; Equal Protection Claim Remanded

Date: Jul 25, 2001

Fifth Circuit Upholds Grooming Policy under Free Exercise Clause; Equal Protection Claim Remanded Introduction In the case of Maurice Taylor v. Gary L. Johnson, the United States Court of Appeals for...

Qualified Immunity in False Arrest and Malicious Prosecution: Insights from Price v. Roark

Date: Jul 19, 2001

Qualified Immunity in False Arrest and Malicious Prosecution: Insights from Price v. Roark Introduction The case of R.C. Price, Jr. v. Murry Roark, adjudicated by the United States Court of Appeals...

Affirmation of Summary Judgment Standards in Employment Discrimination and Retaliation: Rios v. IRS

Date: Jul 19, 2001

Affirmation of Summary Judgment Standards in Employment Discrimination and Retaliation: Rios v. IRS Introduction In the landmark case of Josephine Rios v. Charles O. Rossotti, the United States Court...

Affirming IRS's Right to Set Off Prepetition Tax Overpayments Under §6402(a) and §553: In re Constance Luongo

Date: Jul 19, 2001

Affirming IRS's Right to Set Off Prepetition Tax Overpayments Under §6402(a) and §553: In re Constance Luongo Introduction The case of In re Constance Luongo involves a taxpayer, Constance Luongo...

Affirmation of Reasonable Suspicion in Roving Border Patrol Stops and Proper Application of Sentencing Guidelines

Date: Jul 18, 2001

Affirmation of Reasonable Suspicion in Roving Border Patrol Stops and Proper Application of Sentencing Guidelines Introduction In the case of United States of America v. Michael Brett Jacquinot, 258...

Enforcing Tax Deficiencies Through Deemed Admissions: Carney v. IRS

Date: Jul 17, 2001

Enforcing Tax Deficiencies Through Deemed Admissions: Carney v. IRS Introduction Carney v. Internal Revenue Service, 258 F.3d 415 (5th Cir. 2001), is a pivotal case addressing the enforceability of...

Affirmation of Judicial Standards in NAGPRA and §1983 Claims: Romero v. Becken et al.

Date: Jul 17, 2001

Affirmation of Judicial Standards in NAGPRA and §1983 Claims: Romero v. Becken et al. Introduction In Daniel Castro Romero, Jr. v. Wesley Becken et al., decided by the United States Court of Appeals...

Fifth Circuit Clarifies Rules on Attorney Disqualification and §1985(3) in Employment Retaliation Cases

Date: Jul 12, 2001

Fifth Circuit Clarifies Rules on Attorney Disqualification and §1985(3) in Employment Retaliation Cases Introduction In the landmark case of Deborah M. Horaist v. Doctor's Hospital of Opelousas et...

Servicing Companies Not Considered Agents Under Texas Insurance Code: Affirmation in Northwinds Abatement, Inc. v. Employers Insurance of Wausau

Date: Jul 12, 2001

Servicing Companies Not Considered Agents Under Texas Insurance Code: Affirmation in Northwinds Abatement, Inc. v. Employers Insurance of Wausau Introduction The appellate case NORTHWINDS ABATEMENT,...

Affirmation of 'Reasonably Anticipated Use' Standard in Products Liability: Ellis v. Nut Hustler Inc.

Date: Jul 12, 2001

Affirmation of 'Reasonably Anticipated Use' Standard in Products Liability: Ellis v. Nut Hustler Inc. Introduction Elton Fitzgerald Ellis filed a products liability lawsuit against Nut Hustler Inc.,...

Establishing Qualification as a Prerequisite in ADA, ADEA, and ERISA Claims: Insights from Holtzclaw v. DSC Communications Corporation

Date: Jul 7, 2001

Establishing Qualification as a Prerequisite in ADA, ADEA, and ERISA Claims: Insights from Holtzclaw v. DSC Communications Corporation Introduction Holtzclaw v. DSC Communications Corporation, 255...

Retaliation Claims in Employment Termination: Insights from Beattie v. Madison County School District

Date: Jul 6, 2001

Retaliation Claims in Employment Termination: Insights from Beattie v. Madison County School District Introduction The case of Joy Beattie v. Madison County School District (254 F.3d 595, 2001)...

Establishing Standards for Malicious Prosecution and Qualified Immunity in Bivens Actions

Date: Jun 30, 2001

Establishing Standards for Malicious Prosecution and Qualified Immunity in Bivens Actions Introduction The case of Joe Alfred Izen, Jr. v. Terrance Catalina (256 F.3d 324) adjudicated by the United...

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