5th Circuit Case Commentaries

Fifth Circuit Establishes Three-Year Statute of Limitations for Federal Communications Act Claims

Date: Jan 18, 2001

Fifth Circuit Establishes Three-Year Statute of Limitations for Federal Communications Act Claims Introduction The United States Court of Appeals for the Fifth Circuit, in the case of Prostar v....

Reaffirming Rigorous Standards for §1983 Municipal Liability: PIOTROWSKI v. CITY OF HOUSTON

Date: Jan 18, 2001

Reaffirming Rigorous Standards for §1983 Municipal Liability: PIOTROWSKI v. CITY OF HOUSTON Introduction PIOTROWSKI v. CITY OF HOUSTON, 237 F.3d 567 (5th Cir. 2001), is a pivotal case that delves...

Fifth Circuit Establishes Waiver of Eleventh Amendment Immunity and Upholds EX PARTE YOUNG Exception in Telecommunications Regulation

Date: Jan 17, 2001

Fifth Circuit Establishes Waiver of Eleventh Amendment Immunity and Upholds EX PARTE YOUNG Exception in Telecommunications Regulation Introduction In the case of ATT Communications,...

Reaffirmation of the Prison Litigation Reform Act’s Limitations on Emotional Injury Claims in Eighth Amendment Cases: Herman v. Holiday et al.

Date: Jan 17, 2001

Reaffirmation of the Prison Litigation Reform Act’s Limitations on Emotional Injury Claims in Eighth Amendment Cases: Herman v. Holiday et al. Introduction In the appellate case Johnny Ray Herman v....

Prolonged Traffic Stop and Fourth Amendment Protections: Insights from United States v. Jones & Daniel

Date: Jan 17, 2001

Prolonged Traffic Stop and Fourth Amendment Protections: Insights from United States v. Jones & Daniel Introduction United States of America v. Napoleon Jones and Eduardo Gabriel Daniel (234 F.3d...

Lloyd Brown v. Kinney Shoe Corp.: Establishing Rigorous Standards in Title VII Racial Discrimination Claims

Date: Jan 16, 2001

Lloyd Brown v. Kinney Shoe Corp.: Establishing Rigorous Standards in Title VII Racial Discrimination Claims Introduction In the landmark case Lloyd Brown v. Kinney Shoe Corp., adjudicated by the...

Ineffective Assistance of Counsel and Procedural Bar in Sayre v. Anderson

Date: Jan 13, 2001

Ineffective Assistance of Counsel and Procedural Bar in Sayre v. Anderson Introduction Elroy Earl Sayre, a resident of Pascagoula, Mississippi, appealed his denial of habeas corpus relief concerning...

Reaffirmation of Drug Conspiracy Convictions in Light of APPRENDI v. NEW JERSEY

Date: Jan 13, 2001

Reaffirmation of Drug Conspiracy Convictions in Light of APPRENDI v. NEW JERSEY Introduction In the landmark case of United States of America v. James Slaughter, decided by the United States Court of...

Enhanced Standards for Residual Functional Capacity Assessment in Disability Claims: Myers v. Apfel

Date: Jan 12, 2001

Enhanced Standards for Residual Functional Capacity Assessment in Disability Claims: Myers v. Apfel Introduction Case Citation: Cindy T. Myers, Plaintiff-Appellant, v. Kenneth S. Apfel, Commissioner...

Clarifying Statute of Limitations for CERCLA Contribution Claims: Geraghty and Miller, Inc. v. Conoco Inc. and Condea Vista Chemical Company

Date: Jan 12, 2001

Clarifying Statute of Limitations for CERCLA Contribution Claims: Geraghty and Miller, Inc. v. Conoco Inc. and Condea Vista Chemical Company Introduction Geraghty and Miller, Inc., Plaintiff-Counter...

Leave to Amend in Securities Act Class Actions – Schlotzsky’s Inc. Decision

Date: Jan 10, 2001

Leave to Amend in Securities Act Class Actions – Schlotzsky’s Inc. Decision Introduction The case of LONE STAR LADIES INVESTMENT CLUB et al. v. Schlotzsky's Inc. et al. was adjudicated by the United...

Affirmation of Disability Determination Standards in Social Security Claims: Shave v. Apfel

Date: Jan 10, 2001

Affirmation of Disability Determination Standards in Social Security Claims: Shave v. Apfel Introduction Craig A. Shave v. Kenneth S. Apfel, Commissioner of Social Security is a landmark case decided...

Reevaluation of Summary Judgment Standards in Title VII Failure to Promote Claims: Blow v. City of San Antonio

Date: Jan 9, 2001

Reevaluation of Summary Judgment Standards in Title VII Failure to Promote Claims: Blow v. City of San Antonio Introduction Blow v. City of San Antonio, Texas, 236 F.3d 293 (5th Cir. 2001), is a...

Clarifying the Confrontation Clause and Counsel Effectiveness: Insights from GOCHICOA v. JOHNSON

Date: Jan 2, 2001

Clarifying the Confrontation Clause and Counsel Effectiveness: Insights from GOCHICOA v. JOHNSON Introduction GOCHICOA v. JOHNSON, decided by the United States Court of Appeals for the Fifth Circuit...

Jurisdictional Boundaries in Habeas Corpus Petitions: Insights from Wadsworth v. Johnson

Date: Dec 29, 2000

Jurisdictional Boundaries in Habeas Corpus Petitions: Insights from Wadsworth v. Johnson, 235 F.3d 959 Introduction Ronald Lynn Wadsworth, a petitioner incarcerated in Texas, sought habeas corpus...

Fraudulent Joinder in Diversity Removal: Insights from BADON v. RJR NABISCO INC.

Date: Dec 22, 2000

Fraudulent Joinder in Diversity Removal: Insights from BADON v. RJR NABISCO INC., 236 F.3d 282 (5th Cir. 2000) Introduction The case of BADON v. RJR NABISCO INC. represents a pivotal judicial...

Affirmative Action Admissions: Analyzing Hopwood III v. State of Texas

Date: Dec 22, 2000

Affirmative Action Admissions: Analyzing Hopwood III v. State of Texas Introduction Cheryl J. Hopwood et al. v. State of Texas, 236 F.3d 256 (5th Cir. 2000), commonly referred to as Hopwood III, is a...

Substantive Due Process Protects Property Rights: Simi Investment Co. v. Harris County

Date: Dec 22, 2000

Substantive Due Process Protects Property Rights: Simi Investment Co. v. Harris County Introduction In Simi Investment Company, Inc. v. Harris County, Texas, the United States Court of Appeals for...

Kallestad Decision: Affirming Federal Authority over Local Possession of Child Pornography via the Commerce Clause

Date: Dec 20, 2000

Kallestad Decision: Affirming Federal Authority over Local Possession of Child Pornography via the Commerce Clause Introduction The case of United States v. Kallestad, adjudicated by the United...

Establishing Seaman Status under the Jones Act: Endeavor Marine, Inc. v. Baye

Date: Dec 12, 2000

Establishing Seaman Status under the Jones Act: Endeavor Marine, Inc. v. Baye Introduction The case of Endeavor Marine, Inc. and Tako Towing, Inc. v. Kevin M. Baye, Sr. revolves around the critical...

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