5th Circuit Case Commentaries

Affirmation of Disciplinary Action Standards in Prisoner Habeas Corpus Review

Date: Feb 16, 2001

Affirmation of Disciplinary Action Standards in Prisoner Habeas Corpus Review Introduction The case of O'Neill Hudson v. Gary L. Johnson addresses the procedural safeguards applicable to prison...

Expansion of Customs-Duty Exception under FTCA Upheld in Jeanmarie v. United States

Date: Feb 16, 2001

Expansion of Customs-Duty Exception under FTCA Upheld in Jeanmarie v. United States Introduction In Jeanmarie v. United States, the United States Court of Appeals for the Fifth Circuit affirmed the...

Procter & Gamble v. Amway: Fifth Circuit Establishes Enhanced Criteria for Commercial Speech and Standing under the Lanham Act

Date: Feb 15, 2001

Procter & Gamble v. Amway: Fifth Circuit Establishes Enhanced Criteria for Commercial Speech and Standing under the Lanham Act Introduction In The PROCTER GAMBLE COMPANY and The Procter Gamble...

Defining Prevailing Party Status Under 42 U.S.C. § 1988: Riser v. Dean, et al.

Date: Feb 14, 2001

Defining Prevailing Party Status Under 42 U.S.C. § 1988: Riser v. Dean, et al. Introduction The case of William D. Dean, Jr., et al. v. Larkin T. Riser addresses a pivotal issue within civil rights...

Standing and Class Certification in Labor Representation: Analysis of BERTULLI et al. v. INDEPENDENT ASSOCIATION OF CONTINENTAL PILOTS et al.

Date: Feb 14, 2001

Standing and Class Certification in Labor Representation: Analysis of BERTULLI et al. v. INDEPENDENT ASSOCIATION OF CONTINENTAL PILOTS et al. Introduction In the early 2000s, a significant case...

Affirmation of Procedural Bars in Federal Habeas Review: Beazley v. Johnson Establishes Standards Under §2254(d)(1)

Date: Feb 10, 2001

Affirmation of Procedural Bars in Federal Habeas Review: Beazley v. Johnson Establishes Standards Under §2254(d)(1) Introduction Napoleon Beazley v. Gary L. Johnson, Director, Texas Department of...

Strict Standards for Deliberate Indifference in Prisoner Medical Care: Analysis of Domino v. Texas Dept. of Corrections

Date: Feb 8, 2001

Strict Standards for Deliberate Indifference in Prisoner Medical Care: Analysis of Domino v. Texas Department of Corrections Introduction The case of Anna Domino et al. v. Texas Department of...

Limits of U.S. Antitrust Jurisdiction over Foreign Conduct under FTAIA: Statoil v. Heeremac

Date: Feb 6, 2001

Limits of U.S. Antitrust Jurisdiction over Foreign Conduct under FTAIA: Statoil v. Heeremac Introduction Den Norske Stats Oljeselskap AS (Statoil), a Norwegian oil company operating exclusively in...

Broadening Jurisdiction Under 18 U.S.C. §1958: Intrastate Use of Interstate Commerce Facilities Constitutes Murder-for-Hire

Date: Feb 3, 2001

Broadening Jurisdiction Under 18 U.S.C. §1958: Intrastate Use of Interstate Commerce Facilities Constitutes Murder-for-Hire Introduction The case of United States of America v. Betty Louise Marek and...

Reinforcing Nondischargeability of Partnership Liability for Partner's Fraud Under §523(a)(2)(A): A Comprehensive Analysis of Deodati v. M.M. Winkler Associates

Date: Feb 2, 2001

Reinforcing Nondischargeability of Partnership Liability for Partner's Fraud Under §523(a)(2)(A) Introduction The case of Bruno Deodati v. M.M. Winkler Associates, Bill Morgan, and Okee McDonald...

Limitations on Employers' Use of Subjective Hiring Criteria in Age Discrimination Litigation: Medina v. Ramsey Steel

Date: Jan 30, 2001

Limitations on Employers' Use of Subjective Hiring Criteria in Age Discrimination Litigation: Medina v. Ramsey Steel Introduction Arturo P. Medina v. Ramsey Steel Company, Inc. is a pivotal case...

Benefit of the Bargain Damages Recognized in Contract and Fraud Claims: Insights from Coghlan v. Wellcraft Marine Co.

Date: Jan 27, 2001

Benefit of the Bargain Damages Recognized in Contract and Fraud Claims: Insights from Coghlan v. Wellcraft Marine Co. Introduction Frank E. Coghlan, III, et al. v. Wellcraft Marine Corporation et...

Establishing Reasonable Suspicion in Investigatory Stops: Insights from United States v. Guerrero-Barajas

Date: Jan 27, 2001

Establishing Reasonable Suspicion in Investigatory Stops: Insights from United States v. Guerrero-Barajas Introduction United States v. Ernesto Guerrero-Barajas (240 F.3d 428, 5th Cir. 2001) is a...

Premature Notice of Appeal in § 2255 Motions: Requirements for Reinstatement of Criminal Judgment

Date: Jan 27, 2001

Premature Notice of Appeal in § 2255 Motions: Requirements for Reinstatement of Criminal Judgment Introduction The case of UNITED STATES of America v. Dee Ann West (240 F.3d 456) adjudicated by the...

Peel Co. v. The Rug Market: Establishing Material Fact Questions in Copyright Infringement

Date: Jan 25, 2001

Peel Co. v. The Rug Market: Establishing Material Fact Questions in Copyright Infringement Introduction In Peel Company, Inc. v. The Rug Market, 238 F.3d 391 (5th Cir. 2001), the United States Court...

Affirming the Legality of Mandatory School Uniform Policies under First Amendment Constraints: Da v. Turner

Date: Jan 24, 2001

Affirming the Legality of Mandatory School Uniform Policies under First Amendment Constraints: Da v. Turner Introduction Da v. Turner, 240 F.3d 437 (5th Cir. 2001), addresses the contentious issue of...

Jurisdiction Over State Law Takings Claims in Federal Diversity Cases: Insights from Vulcan Materials Co. v. City of Tehuacana

Date: Jan 24, 2001

Jurisdiction Over State Law Takings Claims in Federal Diversity Cases: Insights from Vulcan Materials Co. v. City of Tehuacana Introduction Vulcan Materials Company v. The City of Tehuacana is a...

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5th Circuit Case Commentaries

Affirmation of Disciplinary Action Standards in Prisoner Habeas Corpus Review

Expansion of Customs-Duty Exception under FTCA Upheld in Jeanmarie v. United States

Procter & Gamble v. Amway: Fifth Circuit Establishes Enhanced Criteria for Commercial Speech and Standing under the Lanham Act

Defining Prevailing Party Status Under 42 U.S.C. § 1988: Riser v. Dean, et al.

Standing and Class Certification in Labor Representation: Analysis of BERTULLI et al. v. INDEPENDENT ASSOCIATION OF CONTINENTAL PILOTS et al.

Affirmation of Procedural Bars in Federal Habeas Review: Beazley v. Johnson Establishes Standards Under §2254(d)(1)

Strict Standards for Deliberate Indifference in Prisoner Medical Care: Analysis of Domino v. Texas Dept. of Corrections

Limits of U.S. Antitrust Jurisdiction over Foreign Conduct under FTAIA: Statoil v. Heeremac

Broadening Jurisdiction Under 18 U.S.C. §1958: Intrastate Use of Interstate Commerce Facilities Constitutes Murder-for-Hire

Reinforcing Nondischargeability of Partnership Liability for Partner's Fraud Under §523(a)(2)(A): A Comprehensive Analysis of Deodati v. M.M. Winkler Associates

Limitations on Employers' Use of Subjective Hiring Criteria in Age Discrimination Litigation: Medina v. Ramsey Steel

Benefit of the Bargain Damages Recognized in Contract and Fraud Claims: Insights from Coghlan v. Wellcraft Marine Co.

Establishing Reasonable Suspicion in Investigatory Stops: Insights from United States v. Guerrero-Barajas

Premature Notice of Appeal in § 2255 Motions: Requirements for Reinstatement of Criminal Judgment

Peel Co. v. The Rug Market: Establishing Material Fact Questions in Copyright Infringement

Affirming the Legality of Mandatory School Uniform Policies under First Amendment Constraints: Da v. Turner

Jurisdiction Over State Law Takings Claims in Federal Diversity Cases: Insights from Vulcan Materials Co. v. City of Tehuacana

Balancing Fourth Amendment Protections: Exigent Circumstances in United States v. Jones

Ensuring Comprehensive Evaluation of Impairments in Social Security Disability Claims: Boyd v. Apfel

Reaffirming Strickland Standards Under AEDPA: Insights from Howard Monte v. Lee Neal