5th Circuit Case Commentaries

Reaffirming Burden of Proof in Wrongful Seizure Counterclaims under the Lanham Act: Martin's Herendi Imports v. Diamond Gem Trading

Date: Nov 10, 1999

Reaffirming Burden of Proof in Wrongful Seizure Counterclaims under the Lanham Act: Martin's Herendi Imports v. Diamond Gem Trading Introduction The case of Martin's Herendi Imports, Inc., and...

Establishing Personal Jurisdiction in International Fraud Cases: Wien Air Alaska, Inc. v. Gerald I. Brandt

Date: Nov 6, 1999

Establishing Personal Jurisdiction in International Fraud Cases: Wien Air Alaska, Inc. v. Gerald I. Brandt Introduction In the case of Wien Air Alaska, Inc. v. Gerald I. Brandt, adjudicated by the...

Ineffective Assistance of Counsel and Doyle Violations in Habeas Review – Chavez v. United States

Date: Nov 3, 1999

Ineffective Assistance of Counsel and Doyle Violations in Habeas Review – Chavez v. United States Introduction Chavez v. United States, 193 F.3d 375 (5th Cir. 1999), is a pivotal appellate case that...

Affirmation of Denial Due to Non-Material Brady Violations in Capital Sentencing: Jackson v. Johnson

Date: Oct 30, 1999

Affirmation of Denial Due to Non-Material Brady Violations in Capital Sentencing: Jackson v. Johnson Introduction Jackson v. Johnson (194 F.3d 641, 5th Cir. 1999) is a pivotal case in the realm of...

Ineffective Assistance of Counsel and Prejudice in Capital Habeas Corpus: MOORE v. JOHNSON

Date: Oct 28, 1999

Ineffective Assistance of Counsel and Prejudice in Capital Habeas Corpus: MOORE v. JOHNSON Introduction In the landmark case of Bobbbie James Moore v. Gary L. Johnson, the United States Court of...

Establishing the Limits of §2244(d)(2): The Fifth Circuit's Affirmation in Ott v. Johnson

Date: Oct 22, 1999

Establishing the Limits of §2244(d)(2): The Fifth Circuit's Affirmation in Ott v. Johnson Introduction The case of Gregory Arthur Ott v. Gary L. Johnson, decided by the United States Court of Appeals...

Qualified Immunity and Eighth Amendment Protections: Insights from Devlin R. Palmer v. Johnson et al.

Date: Oct 20, 1999

Qualified Immunity and Eighth Amendment Protections: Insights from Devlin R. Palmer v. Johnson et al. Introduction The case of Devlin R. Palmer v. Gary L. Johnson et al., adjudicated by the United...

5th Circuit Upholds Conventional Subrogation and Policy Limit Stacking in UM Insurance Claims

Date: Oct 20, 1999

5th Circuit Upholds Conventional Subrogation and Policy Limit Stacking in UM Insurance Claims Introduction In the landmark case of VIRGINIA WOODFIELD, ET AL., PLAINTIFFS, NATIONWIDE MUTUAL INSURANCE...

60-Day Appeal Period in Non-Intervened Qui Tam Actions Established by Russell v. Epic Healthcare Management Group

Date: Oct 15, 1999

60-Day Appeal Period in Non-Intervened Qui Tam Actions Established by Russell v. Epic Healthcare Management Group Introduction Russell v. Epic Healthcare Management Group is a pivotal case decided by...

A Comprehensive Commentary on Willie Berry, Jr. v. Joseph Brady: Affirmation of Standards for § 1983 Claims in Prison Conditions

Date: Oct 9, 1999

Affirmation of Standards for § 1983 Claims in Prison Conditions: Willie Berry, Jr. v. Joseph Brady Introduction The case of Willie Berry, Jr. v. Joseph Brady, adjudicated by the United States Court...

Establishing the Claimant's Burden of Proof in SSI Disability Claims Involving Substance Abuse: Brown v. Apfel

Date: Oct 8, 1999

Establishing the Claimant's Burden of Proof in SSI Disability Claims Involving Substance Abuse: Brown v. Apfel Introduction Carmen Brown, the plaintiff-appellant, filed for Supplemental Security...

Affirmation of Procedural Default and Barriers to Habeas Relief in Capital Murder Cases: Hughes v. Johnson

Date: Oct 6, 1999

Affirmation of Procedural Default and Barriers to Habeas Relief in Capital Murder Cases: Hughes v. Johnson Introduction Hughes v. Johnson, 191 F.3d 607 (5th Cir. 1999), is a seminal case addressing...

Shackelford v. Deloitte Touche: Evidentiary Standards for Retaliation Claims under Title VII

Date: Oct 5, 1999

Shackelford v. Deloitte Touche: Evidentiary Standards for Retaliation Claims under Title VII Introduction Shackelford v. Deloitte Touche, LLP, 190 F.3d 398 (5th Cir. 1999), is a pivotal case in...

Fundamental Miscarriage of Justice Overcomes Procedural Defaults: Fairman v. Anderson

Date: Sep 29, 1999

Fundamental Miscarriage of Justice Overcomes Procedural Defaults: Fairman v. Anderson Introduction Fairman v. Anderson, 188 F.3d 635 (5th Cir. 1999), is a pivotal appellate case in the United States...

Reaffirming the Standards for Effective Assistance of Counsel in Death Penalty Cases: Kitchens v. Johnson

Date: Sep 29, 1999

Reaffirming the Standards for Effective Assistance of Counsel in Death Penalty Cases: Kitchens v. Johnson Introduction Kitchens v. Johnson (190 F.3d 698, United States Court of Appeals, Fifth...

Qualified Immunity Upholds Dismissal of ADA Claims Against Prison Medical Staff in Hall v. Thomas

Date: Sep 29, 1999

Qualified Immunity Upholds Dismissal of ADA Claims Against Prison Medical Staff in Hall v. Thomas Introduction In Robert Arthur Hall v. Tommy B. Thomas, Sheriff; et al., the United States Court of...

Establishing Personal Jurisdiction in Internet-Based Business: Mink v. AAAA Development

Date: Sep 18, 1999

Establishing Personal Jurisdiction in Internet-Based Business: Mink v. AAAA Development Introduction The case of David Mink v. AAAA Development LLC et al., adjudicated by the United States Court of...

Affirmation of Unconstitutionality of Louisiana's Act 825: Implications for Abortion Providers and Women's Rights

Date: Sep 18, 1999

Affirmation of Unconstitutionality of Louisiana's Act 825: Implications for Abortion Providers and Women's Rights Introduction In the landmark case of Ifeanyi Charles Anthony Okpalobi v. Mike Foster,...

Jones v. Greninger: Affirmation of Strict Standards for Prisoner Retaliation and Eighth Amendment Claims under PLRA

Date: Sep 18, 1999

Jones v. Greninger: Affirmation of Strict Standards for Prisoner Retaliation and Eighth Amendment Claims under PLRA Introduction In Jones v. Greninger et al., decided by the United States Court of...

Affirmation of Summary Judgment in Title VII Discrimination Claim: SUHA SREERAM v. LSUMC-S Decision

Date: Sep 17, 1999

Affirmation of Summary Judgment in Title VII Discrimination Claim: SUHA SREERAM v. LSUMC-S Decision Introduction In the appellate case of SUHA SREERAM, M.D., Plaintiff-Appellant v. Louisiana State...

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