5th Circuit Case Commentaries

HUD's Duty to Adequately Consider Rent Increase Requests: Establishing Reviewability in Arbitrary and Capricious Actions

Date: Sep 16, 1999

HUD's Duty to Adequately Consider Rent Increase Requests: Establishing Reviewability in Arbitrary and Capricious Actions Introduction The case of Christopher Village, Limited Partnership; Wilshire...

Establishing Personal Jurisdiction over Trade Associations in Tortious Misrepresentation: Guidry v. U.S. Tobacco

Date: Sep 15, 1999

Establishing Personal Jurisdiction over Trade Associations in Tortious Misrepresentation: Guidry v. U.S. Tobacco Introduction In the landmark case of Guidry v. United States Tobacco Company, Inc.,...

Skidmore v. Precision Printing and Packaging: Clarifying Employer Liability in Intentional Infliction of Emotional Distress and Title VII Claims

Date: Sep 14, 1999

Skidmore v. Precision Printing and Packaging: Clarifying Employer Liability in Intentional Infliction of Emotional Distress and Title VII Claims Introduction The case of Patricia D. Skidmore versus...

Affirmation of Dismissal in Brown v. Nationsbank: Clarifying Bivens Claims and Supremacy Clause in Undercover Operations

Date: Sep 9, 1999

Affirmation of Dismissal in Brown v. Nationsbank: Clarifying Bivens Claims and the Supremacy Clause in Undercover Operations Introduction The case of Brown v. Nationsbank Corporation adjudicated by...

ERISA Jurisdiction Over Sole Shareholder Employees Confirmed in Vega v. National Life Insurance Services

Date: Sep 8, 1999

ERISA Jurisdiction Over Sole Shareholder Employees Confirmed in Vega v. National Life Insurance Services Introduction VILMA LISSETTE VEGA; JOSE VEGA, PLAINTIFFS-APPELLANTS, v. NATIONAL LIFE INSURANCE...

Court of Appeals Establishes Strict Remand Protocol for Post-Removal Joinder of Non-Diverse Defendants

Date: Sep 8, 1999

Court of Appeals Establishes Strict Remand Protocol for Post-Removal Joinder of Non-Diverse Defendants Introduction In the landmark case of Cobb v. Delta Exports, Inc., et al., the United States...

Enhancing Indictment Accuracy to Safeguard Due Process: Insights from Bledsue v. Johnson

Date: Sep 1, 1999

Enhancing Indictment Accuracy to Safeguard Due Process: Insights from Bledsue v. Johnson Introduction Larry Lee Bledsue, the petitioner-appellee, challenged his conviction for intentionally and...

Affirmation of Summary Judgment in Olabisiomotosho v. City of Houston: Subjective Deliberate Indifference Standard under §1983

Date: Aug 31, 1999

Affirmation of Summary Judgment in Olabisiomotosho v. City of Houston: Subjective Deliberate Indifference Standard under §1983 Introduction Olabisiomotosho v. City of Houston is a pivotal case...

Federal Preemption in Private Nuisance Claims: Rushing v. Kansas City Southern Railway

Date: Aug 31, 1999

Federal Preemption in Private Nuisance Claims: Rushing v. Kansas City Southern Railway Introduction In Willard Rushing and Patricia Rushing v. Kansas City Southern Railway Company, the United States...

ERISA Completes Preemption of State Tort Claims: Insights from Heimann v. National Elevator Industry

Date: Aug 28, 1999

ERISA Completes Preemption of State Tort Claims: Insights from Heimann v. National Elevator Industry Introduction The case of Louis D. Heimann, Jr. and Lou Heimann v. National Elevator Industry...

Liability for Brady Violations Under Monell: Burge v. St. Tammany Parish

Date: Aug 26, 1999

Liability for Brady Violations Under Monell: Burge v. St. Tammany Parish Introduction In the landmark case of Gerald Burge v. St. Tammany Parish, decided by the United States Court of Appeals for the...

Procedural Due Process Affirmed in Expedited Deportation Proceeding under 8 U.S.C. §1228

Date: Aug 25, 1999

Procedural Due Process Affirmed in Expedited Deportation Proceeding under 8 U.S.C. §1228 Introduction The case of United States of America v. Gabriel Benitez-Villafuerte addresses significant...

Reaffirming the Deliberate Indifference Standard for §1983 Claims in Correctional Settings: Sibley v. Lemaire

Date: Aug 25, 1999

Reaffirming the Deliberate Indifference Standard for §1983 Claims in Correctional Settings: Sibley v. Lemaire Introduction In James J. Sibley, Sr. v. Raywood J. Lemaire, Sheriff; Hubert P. Trahan;...

Class Action Certification Standards Under Rule 23(b)(3): Insights from Dennis Mullen v. Treasure Chest Casino

Date: Aug 20, 1999

Class Action Certification Standards Under Rule 23(b)(3): Insights from Dennis Mullen v. Treasure Chest Casino Introduction The case of Dennis Mullen, Plaintiff-Appellee, v. Treasure Chest Casino,...

Affirmation of Moreno's Conviction: Establishing Deliberate Ignorance in Drug Importation Cases

Date: Aug 18, 1999

Affirmation of Moreno's Conviction: Establishing Deliberate Ignorance in Drug Importation Cases Introduction The case of United States of America v. Lourdes Jeanette Moreno, 185 F.3d 465 (5th Cir....

Affirmation of Corporate Separateness and Jurisdiction Limits in Gardemal v. Westin

Date: Aug 18, 1999

Affirmation of Corporate Separateness and Jurisdiction Limits in Gardemal v. Westin Introduction The case of Gardemal v. Westin Hotel Company addresses critical issues surrounding corporate liability...

Ineffective Assistance of Counsel in Challenging Career Offender Enhancements: United States v. Williamson

Date: Aug 18, 1999

Ineffective Assistance of Counsel in Challenging Career Offender Enhancements: United States v. Williamson Introduction The case of United States of America v. Terry Dewayne Williamson (183 F.3d 458)...

Defining Predominance of Race in Electoral Redistricting: Fifth Circuit Affirms Lower Court’s Decision

Date: Aug 18, 1999

Defining Predominance of Race in Electoral Redistricting: Fifth Circuit Affirms Lower Court’s Decision Introduction The case of Dennis Theriot et al. v. Parish of Jefferson et al., adjudicated by the...

Clarification on 'Under Color of Law' in Civil Rights Violations and Capital Sentencing Procedures: United States v. Causey

Date: Aug 17, 1999

Clarification on 'Under Color of Law' in Civil Rights Violations and Capital Sentencing Procedures: United States v. Causey Introduction In the pivotal case of United States v. Damon Causey, decided...

Affirmation of Single Conspiracy in United States v. Gallardo-Trapero et al.

Date: Aug 12, 1999

Affirmation of Single Conspiracy in United States v. Gallardo-Trapero et al. Introduction The case of United States of America v. Ruben Horacio Gallardo-Trapero, David Christopher Hernandez, and Luis...

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