5th Circuit Case Commentaries

Enhanced Scrutiny on Legal Counsel's Sentencing Guidance: United States v. Holguin Herrera Analysis

Date: Jun 11, 2005

Enhanced Scrutiny on Legal Counsel's Sentencing Guidance: United States v. Holguin Herrera Analysis Introduction In the landmark case of United States v. Ismael Holguin Herrera, 412 F.3d 577 (5th...

Fifth Circuit Establishes Guidelines on Improper Joinder and Vaccine Act Jurisdiction in McDonal v. Abbott Laboratories

Date: Jun 7, 2005

Fifth Circuit Establishes Guidelines on Improper Joinder and Vaccine Act Jurisdiction in McDonal v. Abbott Laboratories Introduction In the landmark case of Mable Annette Hughes McDonal et al. v....

Affirmation of Bankruptcy Discharge Despite Alleged Asset Concealment: Cadle Co. v. Pratt

Date: Jun 4, 2005

Affirmation of Bankruptcy Discharge Despite Alleged Asset Concealment: Cadle Co. v. Pratt Introduction The case of Cadle Company v. Jack E. Pratt, Jr. (411 F.3d 561) adjudicated by the United States...

First Amendment Retaliation Protections in Employment: Salge v. Edna Independent School District

Date: May 28, 2005

First Amendment Retaliation Protections in Employment: Salge v. Edna Independent School District Introduction In Salge v. Edna Independent School District (411 F.3d 178, 5th Cir. 2005), Charlene H....

Qualified Immunity in Unlawful Arrest and Excessive Force: Tarver v. City of Edna

Date: May 26, 2005

Qualified Immunity in Unlawful Arrest and Excessive Force: Tarver v. City of Edna Introduction Tarver v. City of Edna, et al. is a landmark case adjudicated by the United States Court of Appeals for...

Preemption under the Airline Deregulation Act in Privacy Litigation: In Re American Airlines, Inc. Privacy Litigation

Date: May 26, 2005

Preemption under the Airline Deregulation Act in Privacy Litigation: In Re American Airlines, Inc. Privacy Litigation Introduction The case In Re American Airlines, Inc., Privacy Litigation (370 F....

Sixth Amendment Requirements for Sentencing Enhancements: Analysis of United States v. Pineiro

Date: May 21, 2005

Sixth Amendment Requirements for Sentencing Enhancements: Analysis of United States v. Pineiro Introduction The case of United States of America v. Francisco D. Pineiro, adjudicated in the United...

Fifth Circuit Clarifies Limitations on Sentencing Enhancements in Garza-Lopez v. United States

Date: May 20, 2005

Fifth Circuit Clarifies Limitations on Sentencing Enhancements in Garza-Lopez v. United States Introduction In the landmark case of United States v. Oscar Garza-Lopez, decided on May 19, 2005, the...

Waiver of State Sovereign Immunity Through Removal: Insights from Marjorie Meyers et al. v. State of Texas

Date: May 20, 2005

Waiver of State Sovereign Immunity Through Removal: Insights from Marjorie Meyers et al. v. State of Texas Introduction The case of Marjorie Meyers et al. v. State of Texas, adjudicated by the United...

Fifth Circuit Sets High Bar for Rule 60(b) Relief in Voluntary Dismissals

Date: May 19, 2005

Fifth Circuit Sets High Bar for Rule 60(b) Relief in Voluntary Dismissals Introduction In the case of In re Vanessa Faith Pettle, Debtor, the United States Court of Appeals for the Fifth Circuit...

Affirmation of Consent and Voluntariness in Felon Firearm Possession: Santiago v. United States

Date: May 19, 2005

Affirmation of Consent and Voluntariness in Felon Firearm Possession: Santiago v. United States Introduction In Santiago v. United States, 410 F.3d 193 (5th Cir. 2005), the United States Court of...

Intentional Concealment in Jones Act Claims: Analysis of BROWN v. PARKER DRILLING OFFSHORE CORP.

Date: May 18, 2005

Intentional Concealment in Jones Act Claims: Analysis of BROWN v. PARKER DRILLING OFFSHORE CORP. Introduction The case of Rickey BROWN v. PARKER DRILLING OFFSHORE CORPoration, adjudicated by the...

Reinforcing Due Process Rights: COLEMAN v. DRETKE Establishes New Precedent on Sex Offender Conditions

Date: May 14, 2005

Reinforcing Due Process Rights: COLEMAN v. DRETKE Establishes New Precedent on Sex Offender Conditions Introduction In the landmark case of Tony Ray Coleman v. Doug Dretke, decided by the United...

Clarifying Ineffective Assistance of Counsel: United States v. Charles Harris (5th Cir. 2005)

Date: Apr 28, 2005

Clarifying Ineffective Assistance of Counsel: United States v. Charles Harris (5th Cir. 2005) Introduction United States v. Charles Harris is a pivotal case adjudicated by the United States Court of...

Affirmation of Extraterritorial Application of 8 U.S.C. §1324(a)(2)(B)(ii) in Alien Smuggling Conspiracy

Date: Apr 28, 2005

Affirmation of Extraterritorial Application of 8 U.S.C. §1324(a)(2)(B)(ii) in Alien Smuggling Conspiracy Introduction The case of United States of America v. Cesar Augusto Villanueva et al. revolves...

New Century Financial Corp. v. England: Establishing the Bounds of Collective Action under the FLSA

Date: Apr 27, 2005

New Century Financial Corp. v. England: Establishing the Bounds of Collective Action under the FLSA Introduction In Kimberly A. England, et al v. New Century Financial Corporation, et al.,...

Proper Application of Vulnerable Victim Adjustments in Sentencing: Insights from UNITED STATES v. Daniel Angeles-Mendoza et al.

Date: Apr 27, 2005

Proper Application of Vulnerable Victim Adjustments in Sentencing: Insights from UNITED STATES v. Daniel Angeles-Mendoza et al. Introduction The case of United States of America v. Daniel...

Strengthening Securities Fraud Litigation: Insights from Plotkin v. IPaxess

Date: Apr 22, 2005

Strengthening Securities Fraud Litigation: Insights from Plotkin v. IPaxess Introduction The case of Plotkin v. IPaxess addressed critical issues in securities fraud litigation, particularly focusing...

Appeal Waiver in Federal Sentencing: United States v. McKinney Analysis

Date: Apr 16, 2005

Appeal Waiver in Federal Sentencing: United States v. McKinney Analysis Introduction In the case United States v. McKinney, 406 F.3d 744 (5th Cir. 2005), the defendant, Aundre McKinney, challenged...

Affirmation of Mail and Healthcare Fraud Convictions with Resentencing for Okoro under Booker Decision

Date: Apr 15, 2005

Affirmation of Mail and Healthcare Fraud Convictions with Resentencing for Okoro under Booker Decision Introduction The case of UNITED STATES of America v. Ernest Nda Akpan and Chijioke Victor Okoro,...