5th Circuit Case Commentaries

Rudd v. Johnson: Upholding Strict Standards for Certificates of Appealability in Capital Cases

Date: Jun 29, 2001

Rudd v. Johnson: Upholding Strict Standards for Certificates of Appealability in Capital Cases Introduction Rudd v. Johnson, 256 F.3d 317 (5th Cir. 2001), is a pivotal case addressing the stringent...

Clarification of Double Jeopardy Standards in Conspiracy Charges: United States v. Delgado & Alburtis

Date: Jun 27, 2001

Clarification of Double Jeopardy Standards in Conspiracy Charges: United States v. Delgado & Alburtis Introduction In the seminal case of United States v. Delgado, also known as Enrique Hank...

Court Affirms RCRA Enforcement Against Municipal Contributors: Cox et al. v. City of Dallas

Date: Jun 27, 2001

Court Affirms RCRA Enforcement Against Municipal Contributors: Cox et al. v. City of Dallas Introduction The case of Cox et al. v. City of Dallas revolves around plaintiffs who are residents adjacent...

Broussard v. Johnson: Establishing Enhanced Due Process Standards in Prison Disciplinary Proceedings

Date: Jun 26, 2001

Broussard v. Johnson: Establishing Enhanced Due Process Standards in Prison Disciplinary Proceedings Introduction Morris R. Broussard v. Gary L. Johnson, 253 F.3d 874 (5th Cir. 2001), is a pivotal...

Reinforcing the 'Purposeful Availment' Standard for Personal Jurisdiction in Diversity Cases: PBC & PGH v. Potomac Electric Power Company

Date: Jun 23, 2001

Reinforcing the 'Purposeful Availment' Standard for Personal Jurisdiction in Diversity Cases: PBC & PGH v. Potomac Electric Power Company Introduction The case Panda Brandywine Corporation (PBC) and...

Reaffirmation of Procedural Bar for Ineffective Assistance of State Habeas Counsel under AEDPA: Martinez v. Johnson

Date: Jun 23, 2001

Reaffirmation of Procedural Bar for Ineffective Assistance of State Habeas Counsel under AEDPA: Martinez v. Johnson Introduction Johnny Joe Martinez, a Texas death-row inmate, challenged his...

Standing and Class Certification in Racial Discrimination Case: James & Lary v. City of Dallas and HUD

Date: Jun 19, 2001

Standing and Class Certification in Racial Discrimination Case: James & Lary v. City of Dallas and HUD Introduction The case of Irma Jean James and Terri Lary v. City of Dallas, Texas and U.S....

Affirmation of Qualified Immunity and Deliberate Indifference Standards in §1983 Claims for Pretrial Detainees’ Medical Care

Date: Jun 16, 2001

Affirmation of Qualified Immunity and Deliberate Indifference Standards in §1983 Claims for Pretrial Detainees’ Medical Care Introduction Lenard G. Gibbs v. H.M. (Mack) Grimmette, et al. is a seminal...

Expansion of Personal Jurisdiction in Securities Fraud Cases: Lewis v. Farkas et al. (5th Cir., 2001)

Date: Jun 15, 2001

Expansion of Personal Jurisdiction in Securities Fraud Cases: Lewis v. Farkas et al. (5th Cir., 2001) Introduction The case of Michael P. Lewis v. David M. Fresne et al., adjudicated by the United...

Affirmation of Dismissal in §2241 Habeas Corpus Petition: Garland Jeffers v. Ernest Chandler

Date: Jun 9, 2001

Affirmation of Dismissal in §2241 Habeas Corpus Petition: Garland Jeffers v. Ernest Chandler Introduction Garland Jeffers, a resident of Liberty, Texas, filed a habeas corpus petition under 28 U.S.C....

Affirmation of Louisiana Supreme Court Rule XX under First Amendment: A Fifth Circuit Analysis

Date: May 30, 2001

Affirmation of Louisiana Supreme Court Rule XX under First Amendment: A Fifth Circuit Analysis Introduction The case of Southern Christian Leadership Conference, Louisiana Chapter; St. James Citizens...

Enforcement of Registered Judgments under 28 U.S.C. § 1963: A Comprehensive Analysis of Home Port Rentals, Inc. v. The International Yachting Group, Inc.

Date: May 22, 2001

Enforcement of Registered Judgments under 28 U.S.C. § 1963: A Comprehensive Analysis of Home Port Rentals, Inc. v. The International Yachting Group, Inc. Introduction The case of Home Port Rentals,...

Exhaustion of Administrative Remedies in Immigration Habeas Corpus Proceedings: The Goonsuwan Decision

Date: May 19, 2001

Exhaustion of Administrative Remedies in Immigration Habeas Corpus Proceedings: The Goonsuwan Decision Introduction The case of Anirut Goonsuwan v. U.S. Attorney General (252 F.3d 383) presents a...

Sanctions for Breach of Settlement Confidentiality: Toon v. Wackenhut Corrections Corporation

Date: May 18, 2001

Sanctions for Breach of Settlement Confidentiality: Toon v. Wackenhut Corrections Corporation Introduction Toon v. Wackenhut Corrections Corporation is a pivotal case adjudicated by the United States...

Affirmation of Guilty Plea and Waiver of Non-Jurisdictional Defects in United States v. Lampazianie

Date: May 16, 2001

Affirmation of Guilty Plea and Waiver of Non-Jurisdictional Defects in United States v. Lampazianie Introduction United States of America v. Francesco Lampazianie, 251 F.3d 519 (5th Cir. 2001), is a...

Fifth Circuit Clarifies Abuse of Discretion Standards in ERISA Disability Claims: Provident Life v. Gooden

Date: May 15, 2001

Fifth Circuit Clarifies Abuse of Discretion Standards in ERISA Disability Claims: Provident Life v. Gooden Introduction In the case of Ronald G. Gooden, Sr. v. Provident Life Accident Insurance Co.,...

Judicial Approach to Diversity Jurisdiction and Waiver of Presentment Discrepancies in Letters of Credit: Heritage Bank v. Redcom Laboratories

Date: May 15, 2001

Judicial Approach to Diversity Jurisdiction and Waiver of Presentment Discrepancies in Letters of Credit: Heritage Bank v. Redcom Laboratories Introduction The case of Heritage Bank, Formerly Known...

Establishing Personal Jurisdiction Over Foreign Defendants in Conversion Cases: Insights from Submersible Systems, Inc. v. Perforadora Central

Date: May 5, 2001

Establishing Personal Jurisdiction Over Foreign Defendants in Conversion Cases: Insights from Submersible Systems, Inc. v. Perforadora Central Introduction The case of Submersible Systems, Inc. (SSI)...

Authority to Impose Consecutive Sentences Following Revocation of Concurrent Supervised Release Terms Established in United States v. Gonzalez

Date: May 4, 2001

Authority to Impose Consecutive Sentences Following Revocation of Concurrent Supervised Release Terms Established in United States v. Gonzalez, 250 F.3d 923 Introduction United States v. Modesto...

Auguster v. Vermilion Parish School Board: Upholding Strict Pretext Standards in Employment Discrimination Litigation

Date: May 4, 2001

Auguster v. Vermilion Parish School Board: Upholding Strict Pretext Standards in Employment Discrimination Litigation Introduction Auguster v. Vermilion Parish School Board is a pivotal case decided...

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