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  • Commentaries
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5th Circuit Case Commentaries

Ineffective Assistance of Counsel in Capital Sentencing: Analysis of Lockett v. Anderson

Ineffective Assistance of Counsel in Capital Sentencing: Analysis of Lockett v. Anderson

Date: Oct 14, 2000
Ineffective Assistance of Counsel in Capital Sentencing: Analysis of Lockett v. Anderson, 230 F.3d 695 Introduction Carl Daniel Lockett v. James V. Anderson, adjudicated by the United States Court of...
Affirmation of BOP's Discretion in Early Release Decisions: Warren v. Miles

Affirmation of BOP's Discretion in Early Release Decisions: Warren v. Miles

Date: Oct 14, 2000
Affirmation of BOP's Discretion in Early Release Decisions: Warren v. Miles Comprehensive Commentary on Michael A. Warren, Petitioner-Appellant, v. R.D. Miles, Warden, Federal Correction Institute at...
Limits on Brady Obligations in the Context of Alford Guilty Pleas

Limits on Brady Obligations in the Context of Alford Guilty Pleas

Date: Oct 12, 2000
Limits on Brady Obligations in the Context of Alford Guilty Pleas Introduction The case of Chieno Orman v. Burl Cain, adjudicated by the United States Court of Appeals for the Fifth Circuit on...
Apprendi v. United States: Redefining Sentencing Factors in Drug Offenses

Apprendi v. United States: Redefining Sentencing Factors in Drug Offenses

Date: Oct 7, 2000
Apprendi v. United States: Redefining Sentencing Factors in Drug Offenses Introduction The case of United States of America v. Rodney Sloan Doggett and Dunois "Dee" T. Beman represents a pivotal...
Substantial Evidence and Expert Testimony in SSA Disability Determinations: Carey v. Apfel Sets Key Precedent

Substantial Evidence and Expert Testimony in SSA Disability Determinations: Carey v. Apfel Sets Key Precedent

Date: Oct 6, 2000
Substantial Evidence and Expert Testimony in SSA Disability Determinations: Carey v. Apfel Sets Key Precedent Introduction George A. Carey filed an appeal against the Commissioner of Social Security,...
Comprehensive Choice of Law Essential for Class Certification: Insights from Spence v. Glock

Comprehensive Choice of Law Essential for Class Certification: Insights from Spence v. Glock

Date: Oct 6, 2000
Comprehensive Choice of Law Essential for Class Certification: Insights from Spence v. Glock Introduction The case of Stan Spence, Individually and on behalf of others similarly situated; William...
Qualified Immunity and Deliberate Indifference in Pretrial Detainee Suicide: Comprehensive Analysis of Jacobs v. West Feliciana Sheriff's Department

Qualified Immunity and Deliberate Indifference in Pretrial Detainee Suicide: Comprehensive Analysis of Jacobs v. West Feliciana Sheriff's Department

Date: Oct 3, 2000
Qualified Immunity and Deliberate Indifference in Pretrial Detainee Suicide: Comprehensive Analysis of Jacobs v. West Feliciana Sheriff's Department Introduction The case of Sheila Stockstill Jacobs...
Amount in Controversy and Aggregation of Damages: Fifth Circuit Sets New Precedent

Amount in Controversy and Aggregation of Damages: Fifth Circuit Sets New Precedent

Date: Sep 28, 2000
Amount in Controversy and Aggregation of Damages: Fifth Circuit Sets New Precedent Introduction The case of H D Tire and Automotive-Hardware, Inc., et al. v. Pitney Bowes Inc., et al., adjudicated by...
Affirming Qualified Immunity for Officers in §1983 Excessive Force and Medical Negligence Claims: Wagner v. Bay City

Affirming Qualified Immunity for Officers in §1983 Excessive Force and Medical Negligence Claims: Wagner v. Bay City

Date: Sep 28, 2000
Affirming Qualified Immunity for Officers in §1983 Excessive Force and Medical Negligence Claims: Wagner v. Bay City Introduction In Wagner v. Bay City, Texas, the United States Court of Appeals for...
Affirmation of Civil Contempt and Compensatory Damages in Labor Dispute: American Airlines v. Allied Pilots Association

Affirmation of Civil Contempt and Compensatory Damages in Labor Dispute: American Airlines v. Allied Pilots Association

Date: Sep 23, 2000
Affirmation of Civil Contempt and Compensatory Damages in Labor Dispute: American Airlines v. Allied Pilots Association Introduction The case of American Airlines, Inc. v. Allied Pilots Association,...
Battle v. Memorial Hospital: Fifth Circuit Expands Admissibility of Expert Depositions and Reaffirms EMTALA Obligations for Hospitals

Battle v. Memorial Hospital: Fifth Circuit Expands Admissibility of Expert Depositions and Reaffirms EMTALA Obligations for Hospitals

Date: Sep 21, 2000
Battle v. Memorial Hospital: Fifth Circuit Expands Admissibility of Expert Depositions and Reaffirms EMTALA Obligations for Hospitals Introduction Battle v. Memorial Hospital at Gulfport is a...
Papa John's Slogan Misleading: A Landmark False Advertising Ruling under the Lanham Act

Papa John's Slogan Misleading: A Landmark False Advertising Ruling under the Lanham Act

Date: Sep 20, 2000
Papa John's Slogan Misleading: A Landmark False Advertising Ruling under the Lanham Act Introduction The legal battle between Pizza Hut, Inc. and Papa John’s International, Inc. centered on a false...
Applying Abstraction-Filtration to Copyright Claims in Computer Software: CMAC v. deCastro

Applying Abstraction-Filtration to Copyright Claims in Computer Software: CMAC v. deCastro

Date: Sep 19, 2000
Applying Abstraction-Filtration to Copyright Claims in Computer Software: CMAC v. deCastro Case Analysis Introduction The case of Computer Management Assistance Company (CMAC) v. Robert F. deCastro,...
Kinder v. Purdy: Clarifying the Scope of §2241 and §2255 Habeas Corpus Petitions

Kinder v. Purdy: Clarifying the Scope of §2241 and §2255 Habeas Corpus Petitions

Date: Sep 15, 2000
Kinder v. Purdy: Clarifying the Scope of §2241 and §2255 Habeas Corpus Petitions Introduction In the case of David Kinder v. Michael A. Purdy, adjudicated by the United States Court of Appeals for...
Concurrent Sentencing in Federal and State Court: Insights from Montoya v. Johnson

Concurrent Sentencing in Federal and State Court: Insights from Montoya v. Johnson

Date: Sep 15, 2000
Concurrent Sentencing in Federal and State Court: Insights from Montoya v. Johnson Introduction The case of Jesse Montoya v. Gary L. Johnson, decided by the United States Court of Appeals for the...
Standing and Attorneys’ Fees in Contractual Disputes: Kona Technology Corp. v. Southern Pacific Transportation Co.

Standing and Attorneys’ Fees in Contractual Disputes: Kona Technology Corp. v. Southern Pacific Transportation Co.

Date: Sep 14, 2000
Standing and Attorneys’ Fees in Contractual Disputes: Kona Technology Corp. v. Southern Pacific Transportation Co. Introduction The case of Kona Technology Corp. v. Southern Pacific Transportation...
Strict Standards for Certificate of Appealability under AEDPA: Insights from Clark v. Johnson

Strict Standards for Certificate of Appealability under AEDPA: Insights from Clark v. Johnson

Date: Sep 13, 2000
Strict Standards for Certificate of Appealability under AEDPA: Insights from Clark v. Johnson Introduction James Lee Clark, a death row inmate, challenged his conviction and sentence in the case...
Revival Exception in Diversity Removal: Johnson v. Heublein Inc.

Revival Exception in Diversity Removal: Johnson v. Heublein Inc.

Date: Sep 8, 2000
Revival Exception in Diversity Removal: Johnson v. Heublein Inc. Introduction In the landmark case Louis Johnson et al. v. Heublein Inc. et al., adjudicated by the United States Court of Appeals for...
Clarifying the Apportionment of Damages under the Deceptive Trade Practices Act in Legal Malpractice: Insights from Streber v. Hunter et al.

Clarifying the Apportionment of Damages under the Deceptive Trade Practices Act in Legal Malpractice: Insights from Streber v. Hunter et al.

Date: Sep 2, 2000
Clarifying the Apportionment of Damages under the Deceptive Trade Practices Act in Legal Malpractice: Insights from Streber v. Hunter et al. Introduction Streber v. Hunter et al., 221 F.3d 701 (5th...
Limitation of Third-Party Beneficiary Rights in Contracts: Insights from Collins v. Morgan Stanley

Limitation of Third-Party Beneficiary Rights in Contracts: Insights from Collins v. Morgan Stanley

Date: Sep 1, 2000
Limitation of Third-Party Beneficiary Rights in Contracts: Insights from Collins v. Morgan Stanley Introduction In the case of Collins v. Morgan Stanley Dean Witter, the United States Court of...
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