5th Circuit Case Commentaries

Vogler v. Blackmore: Affirming Grief Expert Testimony and Clarifying Mental Anguish Damages in Wrongful Death Cases

Date: Nov 26, 2003

Vogler v. Blackmore: Affirming Grief Expert Testimony and Clarifying Mental Anguish Damages in Wrongful Death Cases Introduction In Vogler v. Blackmore, the United States Court of Appeals for the...

Actual Knowledge Exception Upholds Indemnity Clauses in Drilling Contracts

Date: Nov 19, 2003

Actual Knowledge Exception Upholds Indemnity Clauses in Drilling Contracts Introduction The legal landscape of oil and gas drilling contracts was significantly shaped by the United States Court of...

Excluding Equitable Accounting Costs from Diversity Jurisdiction: Analysis of Garcia v. Koch Oil Company

Date: Nov 19, 2003

Excluding Equitable Accounting Costs from Diversity Jurisdiction: Analysis of Garcia v. Koch Oil Company Introduction The case of Hector Garcia, et al. v. Koch Oil Company of Texas Inc., decided by...

Exhaustion of Administrative Remedies and Minimal Physical Injury: Insights from Alexander v. Tippah County

Date: Nov 18, 2003

Exhaustion of Administrative Remedies and Minimal Physical Injury: Insights from Alexander v. Tippah County Introduction The case of Tyrone Alexander and Kevin Carroll v. Tippah County deliberated on...

Uniform Application of Objective Qualifications Essential for Prima Facie Employment Discrimination Cases

Date: Nov 15, 2003

Uniform Application of Objective Qualifications Essential for Prima Facie Employment Discrimination Cases Introduction In Catherine V. Johnson v. State of Louisiana et al., adjudicated by the United...

Disparate Impact Not Recognized Under ADEA: Analysis of Smith v. City of Jackson

Date: Nov 14, 2003

Disparate Impact Not Recognized Under ADEA: Comprehensive Analysis of Smith v. City of Jackson, Mississippi Introduction In Smith et al. v. City of Jackson, Mississippi, 351 F.3d 183 (5th Cir. 2003),...

Affirmation of Due Process Protections in § 1983 Claims: Andres A v. la Rivera; Ana Maria A

Date: Nov 8, 2003

Affirmation of Due Process Protections in § 1983 Claims: Andres A v. la Rivera; Ana Maria A Introduction The case of Andres A v. la Rivera; Ana Maria A (349 F.3d 244) involves the tragic death of...

Southwestern Bell v. El Paso: Affirmation of Telecommunications Rights under Texas Utility Code § 181.082 and Federal Law Implications

Date: Nov 1, 2003

Southwestern Bell v. El Paso: Affirmation of Telecommunications Rights under Texas Utility Code § 181.082 and Federal Law Implications Introduction The case of Southwestern Bell Telephone Company v....

Ineffective Assistance of Counsel in Sentencing Beyond Statutory Maximum: United States v. Conley

Date: Oct 31, 2003

Ineffective Assistance of Counsel in Sentencing Beyond Statutory Maximum: United States v. Conley Introduction United States v. James Earl Conley, 349 F.3d 837 (5th Cir. 2003), is a landmark case...

Ambiguity in Netting Agreements: The Reliant Energy Services v. Enron Canada Decision

Date: Oct 30, 2003

Ambiguity in Netting Agreements: The Reliant Energy Services v. Enron Canada Decision Introduction The case Reliant Energy Services, Inc. v. Enron Canada Corp. (349 F.3d 816) adjudicated by the...

Extending the Scope of Traffic Stops: Reasonable Suspicion and Passenger Rights

Date: Oct 24, 2003

Extending the Scope of Traffic Stops: Reasonable Suspicion and Passenger Rights Introduction In the case of United States of America v. Issac Remon Grant, 349 F.3d 192 (5th Cir. 2003), the United...

Affirmation of State Court Property Division in Bankruptcy §548 Avoidance Actions

Date: Oct 24, 2003

Affirmation of State Court Property Division in Bankruptcy §548 Avoidance Actions Introduction The case of In The Matter Of: Margaret Anne Erlewine Debtor. Ronald E. Ingalls, Trustee, Appellant v....

Conspiracy Indictments Without Identified Co-Conspirators: Upholding Convictions in UNITED STATES v. Thomas

Date: Oct 11, 2003

Conspiracy Indictments Without Identified Co-Conspirators: Upholding Convictions in UNITED STATES v. Thomas Introduction The case of UNITED STATES of America v. Eric Desmond Thomas (348 F.3d 78, 5th...

Tittle v. Enron: Directed Trustees’ “Know or Should Know” Duty and ERISA Fiduciary Disclosure Despite Securities-Law Tensions

Date: Oct 1, 2003

Tittle v. Enron: Directed Trustees’ “Know or Should Know” Duty and ERISA Fiduciary Disclosure Despite Securities-Law Tensions Introduction In this landmark memorandum and order within the sprawling...

Establishing Disparate Impact in Employment Discrimination: Insights from Frank v. Xerox Corp.

Date: Oct 1, 2003

Establishing Disparate Impact in Employment Discrimination: Insights from Frank v. Xerox Corp. Introduction The case of Carol Frank et al. v. Xerox Corporation adjudicated by the United States Court...

Maritime Liens and Intervention in Admiralty Proceedings: Effjohn International Cruise Holdings v. AL Sales

Date: Sep 20, 2003

Maritime Liens and Intervention in Admiralty Proceedings: Effjohn International Cruise Holdings v. AL Sales Introduction The case of Effjohn International Cruise Holdings, Inc. v. AL Sales, Inc.,...

Deferential Review of Effective Assistance of Counsel in Pondexter v. Dretke

Date: Sep 17, 2003

Deferential Review of Effective Assistance of Counsel in Pondexter v. Dretke Introduction Pondexter v. Dretke, 346 F.3d 142 (5th Cir. 2003), is a pivotal case addressing the standards of federal...

Complete Preemption Under the Carmack Amendment: Hoskins v. Bekins Van Lines

Date: Sep 11, 2003

Complete Preemption Under the Carmack Amendment: Hoskins v. Bekins Van Lines Introduction In the case of Eugenia T. Hoskins v. Bekins Van Lines, 343 F.3d 769 (5th Cir. 2003), the United States Court...

Fifth Circuit Clarifies Arbitration Jurisdiction over Sovereign Non-Signatories

Date: Sep 10, 2003

Fifth Circuit Clarifies Arbitration Jurisdiction over Sovereign Non-Signatories Introduction The case of Bridas S.A.P.I.C. et al. v. Government of Turkmenistan et al. represents a pivotal moment in...

Impact of Business Operations on Rural Homestead Exemptions: Perry v. Dearing

Date: Sep 5, 2003

Impact of Business Operations on Rural Homestead Exemptions: Perry v. Dearing Introduction The case of Robert D. Perry v. Dennie and Ellen Dearing; The Bank and Trust, SSB explores the intricate...