5th Circuit Case Commentaries

Eldredge v. Martin Marietta: Clarifying Rule 54(b) and Appellate Jurisdiction on Partial Summary Judgments

Date: Mar 23, 2000

Eldredge v. Martin Marietta: Clarifying Rule 54(b) and Appellate Jurisdiction on Partial Summary Judgments Introduction In Eldredge v. Martin Marietta Corp., et al., the United States Court of...

Federal Preemption of Louisiana Railroad Safety Laws Affirmed with Partial Remand

Date: Mar 18, 2000

Federal Preemption of Louisiana Railroad Safety Laws Affirmed with Partial Remand Introduction The case of United Transportation Union; Brotherhood of Locomotive Engineers, Plaintiffs — Appellees,...

Upholding AEDPA Standards: Comprehensive Analysis of Soria v. Johnson

Date: Mar 17, 2000

Upholding AEDPA Standards: Comprehensive Analysis of Soria v. Johnson Introduction Case: Juan Soria, Petitioner-Appellant, v. Gary L. Johnson, Director, Texas Department of Criminal Justice,...

Reaffirmation of Federal Jurisdiction: Limiting Colorado River Abstention in Contract Disputes

Date: Mar 10, 2000

Reaffirmation of Federal Jurisdiction: Limiting Colorado River Abstention in Contract Disputes Introduction The appellate case of Black Sea Investment, Ltd. v. United Heritage Corporation (204 F.3d...

Swift Energy Company v. Mid-Continent Casualty Company: Expansion of 'Additional Insured' Coverage under Texas Law

Date: Mar 10, 2000

Swift Energy Company v. Mid-Continent Casualty Company: Expansion of 'Additional Insured' Coverage under Texas Law Introduction Swift Energy Company ("Swift") entered into contractual agreements with...

Restricting Equitable Tolling under AEDPA: Analysis of Felder v. Johnson (5th Cir. 2000)

Date: Mar 7, 2000

Restricting Equitable Tolling under AEDPA: Analysis of Felder v. Johnson (5th Cir. 2000) Introduction In the appellate decision Leslie Parnell Felder v. Gary L. Johnson, adjudicated by the United...

Affirming Absolute Immunity for Quasi-Judicial Regulatory Board Members: Insights from Beck v. Texas State Board of Dental Examiners

Date: Mar 4, 2000

Affirming Absolute Immunity for Quasi-Judicial Regulatory Board Members: Insights from Beck v. Texas State Board of Dental Examiners Introduction Beck v. Texas State Board of Dental Examiners (2000)...

Conflict of Interest and Effective Assistance of Counsel: PERILLO v. JOHNSON

Date: Mar 3, 2000

Conflict of Interest and Effective Assistance of Counsel: PERILLO v. JOHNSON Introduction In the case of Pamela Lynn Perillo v. Gary L. Johnson, the United States Court of Appeals for the Fifth...

Reasonable Accommodations Under the ADA: Insights from Allen v. Rapides Parish School Board

Date: Mar 3, 2000

Reasonable Accommodations Under the ADA: Insights from Allen v. Rapides Parish School Board Introduction Robert D. Allen v. Rapides Parish School Board is a pivotal case adjudicated by the United...

Apportionment of Recovery Costs in Medical Lien Cases: Insights from Howe v. Scottsdale Insurance Co.

Date: Mar 3, 2000

Apportionment of Recovery Costs in Medical Lien Cases: Insights from Howe v. Scottsdale Insurance Co. Introduction Howe v. Scottsdale Insurance Co., 204 F.3d 624 (5th Cir. 2000), is a pivotal case...

Murphy v. Johnson: Affirmation of AEDPA Standards and Constraints on Retroactivity in Grand Jury Selection Claims

Date: Mar 3, 2000

Murphy v. Johnson: Affirmation of AEDPA Standards and Constraints on Retroactivity in Grand Jury Selection Claims Introduction The case of Ivan Ray Murphy v. Gary L. Johnson, adjudicated by the...

ERISA Preemption and ADA Limitations in Insurance Policies: An Analysis of McNeil v. Time Insurance Company

Date: Mar 2, 2000

ERISA Preemption and ADA Limitations in Insurance Policies: An Analysis of McNeil v. Time Insurance Company Introduction The case of Michael Jay McNeil, et al. v. Time Insurance Company (205 F.3d...

Binding Settlement Agreements and Removal Jurisdiction: Martineau v. ARCO Chemical Company

Date: Feb 26, 2000

Binding Settlement Agreements and Removal Jurisdiction: Martineau v. ARCO Chemical Company Introduction The case Estate of Richard J. Martineau v. ARCO Chemical Company; Et al., reported at 203 F.3d...

Affirmation of Personal Jurisdiction and Forum Non Conveniens in Complex International Corporate Disputes

Date: Feb 26, 2000

Affirmation of Personal Jurisdiction and Forum Non Conveniens in Complex International Corporate Disputes Introduction The case of Alpine View Company Limited; Bjorn Hansen Plaintiff-Appellants v....

Retaliation Under First Amendment: Breaux & Ambrogio v. City of Garland

Date: Feb 24, 2000

Retaliation Under First Amendment: Breaux & Ambrogio v. City of Garland Introduction In Breaux and Ambrogio v. City of Garland, the United States Court of Appeals for the Fifth Circuit addressed...

COA Denial Reinforces Standards for Substantial Showing in Habeas Corpus Applications Under AEDPA

Date: Feb 24, 2000

COA Denial Reinforces Standards for Substantial Showing in Habeas Corpus Applications Under AEDPA Introduction The case of Garry Dean Miller v. Gary L. Johnson presents a pivotal examination of the...

Fifth Circuit Limits FCRA Class Actions: Requiring Proof of Improper Disclosure for §1681e Claims

Date: Feb 23, 2000

Fifth Circuit Limits FCRA Class Actions: Requiring Proof of Improper Disclosure for §1681e Claims Introduction In the landmark case Bernita Washington; Kevin Washington; Peggy Malbrough; Roy...

Affirmation of Qualified Immunity and Sovereign Immunity in Joseph Jones v. City of Jackson

Date: Feb 15, 2000

Affirmation of Qualified Immunity and Sovereign Immunity in Joseph Jones v. City of Jackson Introduction The case Joseph Jones v. City of Jackson et al. (203 F.3d 875) adjudicated by the United...

U.S. v. Thomas: Fifth Circuit Clarifies §2255 Limitation Period Upon Supreme Court Certiorari Denial

Date: Feb 5, 2000

U.S. v. Thomas: Fifth Circuit Clarifies §2255 Limitation Period Upon Supreme Court Certiorari Denial Introduction In the landmark case of United States of America v. Steven Lee Thomas, III, 203 F.3d...

Application of the Uniform Fraudulent Transfer Act to Marital Partition Agreements: A Comprehensive Analysis of Hinsley v. Boudloche

Date: Feb 4, 2000

Application of the Uniform Fraudulent Transfer Act to Marital Partition Agreements: A Comprehensive Analysis of Hinsley v. Boudloche Introduction The case of Patricia Jo Hinsley v. Mike Boudloche,...

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