5th Circuit Case Commentaries

Finality of Deferred Adjudication and Straight Probation in AEDPA's Statute of Limitations: Caldwell v. Dretke

Date: Oct 27, 2005

Finality of Deferred Adjudication and Straight Probation in AEDPA's Statute of Limitations: Caldwell v. Dretke Introduction In the landmark case of Robert F. Caldwell, Petitioner-Appellant, v. Doug...

Permissible Joinder of Unrelated Criminal Counts and Use of Institutional Policies in Fraud Cases: United States v. Butler

Date: Oct 26, 2005

Permissible Joinder of Unrelated Criminal Counts and Use of Institutional Policies in Fraud Cases: United States v. Butler Introduction United States v. Thomas Campbell Butler, MD is a significant...

Affirmation of Class Certification in Feder v. EDS: Enhancing Class Action Standards

Date: Oct 25, 2005

Affirmation of Class Certification in Feder v. EDS: Enhancing Class Action Standards Introduction In Michael Feder, et al., Plaintiffs, v. Electronic Data Systems Corporation; James E. Daley,...

No Jury Trial Required for Supervised Release Revocation: United States v. Hinson

Date: Oct 22, 2005

No Jury Trial Required for Supervised Release Revocation: United States v. Hinson Introduction United States v. Pepper Sue Hinson is a seminal case decided by the United States Court of Appeals for...

Secondary Meaning and Res Judicata in Trademark Infringement: Analysis of Testmasters Educational Services, Inc. v. Singh

Date: Oct 19, 2005

Secondary Meaning and Res Judicata in Trademark Infringement: Analysis of Testmasters Educational Services, Inc.; Vivek Israni v. Robin Singh Introduction The case of Testmasters Educational...

Reaffirming ADA Protections: Interactive Process and Disability Status – Cutrera v. LSU Board

Date: Oct 19, 2005

Reaffirming ADA Protections: Interactive Process and Disability Status – Cutrera v. LSU Board Introduction The case of Barbara Cutrera v. Board of Supervisors of Louisiana State University addresses...

Bankruptcy Stay Protections Extended to Arguable Property in Chesnut v. Templeton Mortgage Corp.

Date: Oct 18, 2005

Bankruptcy Stay Protections Extended to Arguable Property in Chesnut v. Templeton Mortgage Corp. Introduction Chesnut v. Templeton Mortgage Corp. (422 F.3d 298) is a significant appellate decision by...

Affirmation of Reduced Attorneys' Fees in Chapter 13 Bankruptcy: Walker Patterson, P.C. v. Cahill

Date: Oct 13, 2005

Affirmation of Reduced Attorneys' Fees in Chapter 13 Bankruptcy: Walker Patterson, P.C. v. Cahill Introduction In the appellate case Walker Patterson, P.C., Appellant v. In the Matter of Bobby...

Denial of CoA on Lesser Included Offense and Procedural Defaults in Aguilar v. Dretke

Date: Oct 13, 2005

Denial of CoA on Lesser Included Offense and Procedural Defaults in Aguilar v. Dretke Introduction Aguilar v. Dretke is a significant appellate case adjudicated by the United States Court of Appeals...

Direct Evidence of Racial Discrimination in Employment Decisions: Jones v. Robinson Property Group

Date: Oct 12, 2005

Direct Evidence of Racial Discrimination in Employment Decisions: Jones v. Robinson Property Group Introduction Jones v. Robinson Property Group, L.P., d/b/a Horseshoe Casino Hotel is a pivotal case...

Application of Federal Evidence Rules: Best Evidence Rule and Authentication Standards in Assignment Agreements - Railroad Management Co. v. CFS Louisiana Midstream Co.

Date: Oct 8, 2005

Application of Federal Evidence Rules: Best Evidence Rule and Authentication Standards in Assignment Agreements Introduction Railroad Management Company, L.L.C.; et al., Plaintiffs-Appellants v. CFS...

Timely Removal of Corporate Defendants in Federal Court: Insights from City of Clarksdale v. BellSouth Telecommunications

Date: Oct 6, 2005

Timely Removal of Corporate Defendants in Federal Court: Insights from City of Clarksdale v. BellSouth Telecommunications Introduction City of Clarksdale, Acting by and through the Clarksdale Public...

Clarifying "Corruptly" under 26 U.S.C. § 7212: Saldana v. United States

Date: Oct 1, 2005

Clarifying "Corruptly" under 26 U.S.C. § 7212: Saldana v. United States Introduction United States of America v. Samuel Saldana, Jr. and Saul Saldana (427 F.3d 298) is a pivotal case adjudicated by...

Affirmed Obscenity Convictions in Ragsdales Case

Date: Sep 28, 2005

Affirmed Obscenity Convictions in Ragsdales Case Introduction The case of United States v. Garry Layne Ragsdale; Tamara Michelle Ragsdale (426 F.3d 765, 5th Cir. 2005) marks a significant judicial...

Insurers' Right to Intervene in Liability Suits Under Rule 24(a)(2): Insights from Ross v. Allstate Texas Lloyds Insurance Co.

Date: Sep 22, 2005

Insurers' Right to Intervene in Liability Suits Under Rule 24(a)(2): Insights from Ross v. Allstate Texas Lloyds Insurance Co. Introduction The case of Dwayne Ross; Maria Ross, individually and as...

Redefining Habeas Corpus and Custody in Deportation Proceedings: Rosales v. ICE

Date: Sep 22, 2005

Redefining Habeas Corpus and Custody in Deportation Proceedings: Rosales v. ICE Introduction Rosales v. Bureau of Immigration and Customs Enforcement (ICE) is a pivotal case decided by the United...

Assignment of Benefits and Provider Standing under ERISA: Harris Methodist Fort Worth v. Sales Support Services Inc.

Date: Sep 21, 2005

Assignment of Benefits and Provider Standing under ERISA: Harris Methodist Fort Worth v. Sales Support Services Inc. Introduction In Harris Methodist Fort Worth, Plaintiff-Appellant, v. Sales Support...

Impact of Unconstitutional Parole Revocation on Supervised Release: United States v. Benjamin Duane Jackson

Date: Sep 21, 2005

Impact of Unconstitutional Parole Revocation on Supervised Release: United States v. Benjamin Duane Jackson Introduction United States of America v. Benjamin Duane Jackson is a pivotal case that...

Strengthening Confrontation and Due Process Rights: Kittelson v. Dretke

Date: Sep 21, 2005

Strengthening Confrontation and Due Process Rights: Kittelson v. Dretke Introduction Bruce Lee Kittelson v. Doug Dretke, Director, Department of Criminal Justice, Correctional Institutions Division,...

Defining "Claim" in Environmental Impairment Liability Insurance: Insights from International Insurance Co. v. RSR Corporation

Date: Sep 20, 2005

Defining "Claim" in Environmental Impairment Liability Insurance: Insights from International Insurance Co. v. RSR Corporation Introduction The case International Insurance Co., Plaintiff-Counter...