5th Circuit Case Commentaries

Enhancing Fifth Amendment Protections: Informed Consent Requirements for Psychiatric Evaluations in Capital Sentencing – Gardner v. Johnson

Date: May 2, 2001

Enhancing Fifth Amendment Protections: Informed Consent Requirements for Psychiatric Evaluations in Capital Sentencing – Gardner v. Johnson Introduction Gardner v. Johnson, 247 F.3d 551 (5th Cir....

No Reasonable Expectation of Privacy in Public Memorial Services: Kee v. City of Rowlett

Date: Apr 25, 2001

No Reasonable Expectation of Privacy in Public Memorial Services: Kee v. City of Rowlett Introduction In the case of Darlie Kee and Darin Routier v. City of Rowlett, Texas, the United States Court of...

Remand for Lack of Federal Jurisdiction in Howery v. Allstate Insurance Company

Date: Apr 24, 2001

Remand for Lack of Federal Jurisdiction in Howery v. Allstate Insurance Company Introduction Errol P. Howery, the plaintiff-appellant, initiated legal action against Allstate Insurance Company, the...

Fifth Circuit Reverses Summary Judgment in Title VII Race Discrimination Case

Date: Apr 20, 2001

Fifth Circuit Reverses Summary Judgment in Title VII Race Discrimination Case Introduction In the landmark case of Pratt and Garrett v. City of Houston, the United States Court of Appeals for the...

Appellate Review of Drug Sentencing Under Apprendi: Insights from Miranda v. USA (5th Cir. 2001)

Date: Apr 18, 2001

Appellate Review of Drug Sentencing Under Apprendi: Insights from Miranda v. USA (5th Cir. 2001) Introduction United States of America v. Rosalinda Miranda et al. is a pivotal decision by the United...

Lopez v. United States: Interpretation of 28 U.S.C. §2255(3) and Retroactivity of Statutory Rights

Date: Apr 17, 2001

Lopez v. United States: Interpretation of 28 U.S.C. §2255(3) and Retroactivity of Statutory Rights Introduction United States of America v. Arturo Lopez, 248 F.3d 427 (5th Cir. 2001), is a pivotal...

Establishing Rational Basis in Abortion Facility Licensing: Insights from Kaminsky v. Bell

Date: Apr 14, 2001

Establishing Rational Basis in Abortion Facility Licensing: Insights from Kaminsky v. Bell Introduction The case of Women's Medical Center of Northwest Houston et al. v. Charles E. Bell et al. (248...

Defining 'System of Records' and 'Adverse Determination' under the Privacy Act: Insights from Bettersworth v. FDIC and Others

Date: Apr 13, 2001

Defining 'System of Records' and 'Adverse Determination' under the Privacy Act: Insights from Bettersworth v. FDIC and Others Introduction Bettersworth v. FDIC and Others is a noteworthy case...

No-Pins Policy Upholds First Amendment Compliance in Law Enforcement Uniforms

Date: Apr 10, 2001

No-Pins Policy Upholds First Amendment Compliance in Law Enforcement Uniforms Introduction The case of George Daniels v. City of Arlington, Texas addresses the delicate balance between an...

Reversal of Product Liability and Negligence Claims in McLennan v. American Eurocopter: Standards for Duty to Warn and Pilot Responsibility in Slinging Operations

Date: Apr 10, 2001

Reversal of Product Liability and Negligence Claims in McLennan v. American Eurocopter: Standards for Duty to Warn and Pilot Responsibility in Slinging Operations Introduction The case of Peter...

Employer Liability in Contracted Employment Relationships: Analysis of Okoye v. UTHHSC

Date: Apr 4, 2001

Employer Liability in Contracted Employment Relationships: Analysis of Okoye v. UTHHSC Introduction The case of Cecilia Okoye v. The University of Texas Houston Health Science Center (UTHHSC)...

Segerstrom v. Employers Fire Ins. Co.: Establishing Boundaries in Legal Malpractice Claims within Bankruptcy Estates

Date: Mar 31, 2001

Segerstrom v. Employers Fire Ins. Co.: Establishing Boundaries in Legal Malpractice Claims within Bankruptcy Estates Introduction The case of Robert Yaquinto, Jr. As Trustee for the Estate of Kayla...

Establishing ADA as Encompassing Disability-Based Harassment: Spragis Flowers v. Southern Regional Physician Services

Date: Mar 31, 2001

Establishing ADA as Encompassing Disability-Based Harassment: Spragis Flowers v. Southern Regional Physician Services Introduction The case of Sandra Spragis Flowers v. Southern Regional Physician...

Defining Employer and Official Liability under Title VII and 42 U.S.C. §1981: Oden v. Oktibbeha County

Date: Mar 28, 2001

Defining Employer and Official Liability under Title VII and 42 U.S.C. §1981: Oden v. Oktibbeha County Introduction The case of Jesse Oden v. Oktibbeha County, Mississippi; Dolph Bryan addresses...

Application of WILLIAMS v. TAYLOR Standards: Affirmation of Habeas Denial in Capital Murder for Lack of Prejudice

Date: Mar 28, 2001

Application of WILLIAMS v. TAYLOR Standards: Affirmation of Habeas Denial in Capital Murder for Lack of Prejudice Introduction The case of Leslie Dale Martin v. Burl Cain examines the intricate...

Scope of Appellate Jurisdiction in Qualified Immunity Cases: Insights from Bazan v. Hidalgo County

Date: Mar 28, 2001

Scope of Appellate Jurisdiction in Qualified Immunity Cases: Insights from Bazan v. Hidalgo County Introduction Bazan v. Hidalgo County, 246 F.3d 481 (5th Cir. 2001), is a significant appellate...

Jones Act Claims Require Physical Injury: Insights from Martinez v. Bally's Louisiana

Date: Mar 27, 2001

Jones Act Claims Require Physical Injury: Insights from Martinez v. Bally's Louisiana Introduction The case of Toni Martinez v. Bally's Louisiana, Inc. serves as a pivotal reference in understanding...

Establishing the Implicit Representation of Intent to Pay in Credit Card Transactions: ATT Universal Card Services v. Mercer

Date: Mar 24, 2001

Establishing the Implicit Representation of Intent to Pay in Credit Card Transactions: ATT Universal Card Services v. Mercer Introduction The case of ATT Universal Card Services v. Constance P....

Taita Chemical Co. Ltd. v. Westlake Styrene Corp.: Affirmation and Reversal of Summary Judgments in Contractual Pricing Disputes

Date: Mar 24, 2001

Taita Chemical Co. Ltd. v. Westlake Styrene Corp.: Affirmation and Reversal of Summary Judgments in Contractual Pricing Disputes Introduction The case of Taita Chemical Company, Ltd. v. Westlake...

Retaliation Claims Survive Summary Judgment in Employment Discrimination Case: Evans v. City of Houston

Date: Mar 22, 2001

Retaliation Claims Survive Summary Judgment in Employment Discrimination Case: Evans v. City of Houston Introduction Evans v. City of Houston is a pivotal case adjudicated by the United States Court...

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