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  • Commentaries
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5th Circuit Case Commentaries

Establishing Precedent for Hostile Work Environment Claims in Race Discrimination Cases

Establishing Precedent for Hostile Work Environment Claims in Race Discrimination Cases

Date: Jun 14, 2000
Establishing Precedent for Hostile Work Environment Claims in Race Discrimination Cases Introduction The case of Stephanie Walker and Nyree Preston v. Cheryl Thompson, Don Kingston, and Glasfloss...
Affirmation of Sentencing Under U.S. Sentencing Guidelines in United States v. Thames

Affirmation of Sentencing Under U.S. Sentencing Guidelines in United States v. Thames

Date: Jun 14, 2000
Affirmation of Sentencing Under U.S. Sentencing Guidelines in United States of America v. Thames Introduction Case Citation: United States of America v. Michael Anthony Thames, 214 F.3d 608 (5th Cir....
Ripeness and Substantive Due Process in Federal Takings Claims: Analysis of The John Corporation v. City of Houston

Ripeness and Substantive Due Process in Federal Takings Claims: Analysis of The John Corporation v. City of Houston

Date: Jun 13, 2000
Ripeness and Substantive Due Process in Federal Takings Claims: Analysis of The John Corporation v. City of Houston Introduction The case of The John Corporation; US Vanguard Ltd Inc v. The City of...
Affirmation of Summary Judgment in Supervisor Sexual Harassment Case Under Title VII

Affirmation of Summary Judgment in Supervisor Sexual Harassment Case Under Title VII

Date: Jun 13, 2000
Affirmation of Summary Judgment in Supervisor Sexual Harassment Case Under Title VII Introduction The case of James P. Casiano v. AT&T Corporation addresses pivotal issues surrounding supervisor...
Establishing MSHA's Jurisdiction Over Alumina Production Facilities: In Re: Kaiser Aluminum and Chemical Company

Establishing MSHA's Jurisdiction Over Alumina Production Facilities: In Re: Kaiser Aluminum and Chemical Company

Date: Jun 13, 2000
Establishing MSHA's Jurisdiction Over Alumina Production Facilities: In Re: Kaiser Aluminum and Chemical Company Introduction The case of In Re: Kaiser Aluminum and Chemical Company addresses the...
Establishing Ripeness in Declaratory Judgments: OCAI v. Wolfe Sets New Precedent

Establishing Ripeness in Declaratory Judgments: OCAI v. Wolfe Sets New Precedent

Date: Jun 10, 2000
Establishing Ripeness in Declaratory Judgments: OCAI v. Wolfe Sets New Precedent Introduction The case of ORIX CREDIT ALLIANCE, INC. v. FRANK A. WOLFE, JR. and LEXIE D. WOLFE, reported in 212 F.3d...
Distinguishing Legislative Immunity from Administrative Actions in Zoning Disputes: Bryan v. City of Madison

Distinguishing Legislative Immunity from Administrative Actions in Zoning Disputes: Bryan v. City of Madison

Date: Jun 10, 2000
Distinguishing Legislative Immunity from Administrative Actions in Zoning Disputes: Bryan v. City of Madison Introduction Steve Bryan v. The City of Madison, Mississippi is a significant case...
Amendment of Pleadings to Establish Diversity Jurisdiction: Whitmire v. Victus Limited

Amendment of Pleadings to Establish Diversity Jurisdiction: Whitmire v. Victus Limited

Date: Jun 3, 2000
Amendment of Pleadings to Establish Diversity Jurisdiction: Whitmire v. Victus Limited Introduction In Paula Jo Whitmire v. Victus Limited T/A Master Design Furniture, 212 F.3d 885 (5th Cir. 2000),...
Establishing Intentional Discrimination under Title IX: The Beth Pederson Case

Establishing Intentional Discrimination under Title IX: The Beth Pederson Case

Date: Jun 2, 2000
Establishing Intentional Discrimination under Title IX: The Beth Pederson Case 1. Introduction In the landmark appellate decision Beth Pederson; Lisa Ollar; Samantha Clark, Indi v. Louisiana State...
Strict Standards for Anecdotal Evidence in Age Discrimination Claims: Wyvill v. United Companies

Strict Standards for Anecdotal Evidence in Age Discrimination Claims: Wyvill v. United Companies

Date: Jun 1, 2000
Strict Standards for Anecdotal Evidence in Age Discrimination Claims: Wyvill v. United Companies Introduction The case of Wyvill v. United Companies serves as a pivotal example in the realm of...
FSIA Immunity and Corporate Jurisdiction: A Comprehensive Commentary on Kelly v. Syria Shell Petroleum Development B.V. et al.

FSIA Immunity and Corporate Jurisdiction: A Comprehensive Commentary on Kelly v. Syria Shell Petroleum Development B.V. et al.

Date: Jun 1, 2000
FSIA Immunity and Corporate Jurisdiction: A Comprehensive Commentary on Kelly v. Syria Shell Petroleum Development B.V. et al. Introduction The landmark case Kelly v. Syria Shell Petroleum...
Impact of Good-Time-Earning Status Reduction on Mandatory Supervision Release: Malchi v. Thaler

Impact of Good-Time-Earning Status Reduction on Mandatory Supervision Release: Malchi v. Thaler

Date: May 24, 2000
Impact of Good-Time-Earning Status Reduction on Mandatory Supervision Release: Malchi v. Thaler Introduction Dobber Graham Malchi, a Texas state prisoner, challenged a prison disciplinary decision...
Reopening the Appeal Period Requires Written Notice under Fed. R. App. P. 4(a)(6): Comprehensive Commentary on Bass v. USDA

Reopening the Appeal Period Requires Written Notice under Fed. R. App. P. 4(a)(6): Comprehensive Commentary on Bass v. USDA

Date: May 24, 2000
Reopening the Appeal Period Requires Written Notice under Fed. R. App. P. 4(a)(6): Comprehensive Commentary on Bass v. USDA Introduction The case of J.C. Bass and Charlene B. Bass v. United States...
Wholly Undersecured Claims on Principal Residence Not Protected by §1322(b)(2) in Chapter 13 Cramdown

Wholly Undersecured Claims on Principal Residence Not Protected by §1322(b)(2) in Chapter 13 Cramdown

Date: May 16, 2000
Wholly Undersecured Claims on Principal Residence Not Protected by §1322(b)(2) in Chapter 13 Cramdown Introduction The case of Ronald Bartee v. Tara Colony Homeowners Association and Daniel E....
Clarifying Standards for Attorney Fee Awards Under 42 U.S.C. § 1988 in Civil Rights Litigation

Clarifying Standards for Attorney Fee Awards Under 42 U.S.C. § 1988 in Civil Rights Litigation

Date: May 12, 2000
Clarifying Standards for Attorney Fee Awards Under 42 U.S.C. § 1988 in Civil Rights Litigation Introduction In the landmark case of Margaret Ann Myers v. City of West Monroe et al. (211 F.3d 289),...
Equitable Tolling of 28 U.S.C. § 2255 Limitations: Patterson v. United States

Equitable Tolling of 28 U.S.C. § 2255 Limitations: Patterson v. United States

Date: May 10, 2000
Equitable Tolling of 28 U.S.C. § 2255 Limitations: Patterson v. United States Introduction In the landmark case of United States of America v. Gary Allen Patterson, the United States Court of Appeals...
Qualified Immunity in Family Custody Disputes: A Comprehensive Analysis of Wooley v. Dually and April Zachary

Qualified Immunity in Family Custody Disputes: A Comprehensive Analysis of Wooley v. Dually and April Zachary

Date: May 9, 2000
Qualified Immunity in Family Custody Disputes: A Comprehensive Analysis of Wooley v. Dually and April Zachary Introduction Wooley v. Dually and April Zachary, 211 F.3d 913 (5th Cir. 2000), is a...
Duty of Appellate Counsel to Challenge Meritorious Sentencing Enhancements: Phillips v. United States

Duty of Appellate Counsel to Challenge Meritorious Sentencing Enhancements: Phillips v. United States

Date: May 9, 2000
Duty of Appellate Counsel to Challenge Meritorious Sentencing Enhancements: Phillips v. United States Introduction United States of America v. James Thomas Phillips (210 F.3d 345) is a pivotal...
Affirmation of "Three Strikes" Sentencing and Burden-Shifting in Federal Robbery Cases: United States v. Ferguson

Affirmation of "Three Strikes" Sentencing and Burden-Shifting in Federal Robbery Cases: United States v. Ferguson

Date: May 5, 2000
Affirmation of "Three Strikes" Sentencing and Burden-Shifting in Federal Robbery Cases: United States v. Ferguson Introduction The case of United States of America v. Aaron Ferguson (211 F.3d 878)...
Orozco-Ramirez v. United States: Defining "Second or Successive" Habeas Applications under AEDPA

Orozco-Ramirez v. United States: Defining "Second or Successive" Habeas Applications under AEDPA

Date: May 4, 2000
Orozco-Ramirez v. United States: Defining "Second or Successive" Habeas Applications under AEDPA Introduction In United States of America v. Javier Orozco-Ramirez, 211 F.3d 862 (5th Cir. 2000), the...
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