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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

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

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.

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...
Feliz Talaz Villegas v. Johnson: AEDPA Tolling and Successive State Habeas Petitions

Feliz Talaz Villegas v. Johnson: AEDPA Tolling and Successive State Habeas Petitions

Date: Aug 10, 1999
Feliz Talaz Villegas v. Johnson: AEDPA Tolling and Successive State Habeas Petitions Introduction Feliz Talaz Villegas v. Gary L. Johnson is a pivotal case decided by the United States Court of...
Refining Individualized Pleading Standards in Qualified Immunity Cases: Anderson v. Pasadena Independent School District

Refining Individualized Pleading Standards in Qualified Immunity Cases: Anderson v. Pasadena Independent School District

Date: Aug 6, 1999
Refining Individualized Pleading Standards in Qualified Immunity Cases: Anderson v. Pasadena Independent School District Introduction Anderson v. Pasadena Independent School District is a pivotal...
Affirmation of Good-Faith Exception in Search Warrant Validity: United States v. Cherna

Affirmation of Good-Faith Exception in Search Warrant Validity: United States v. Cherna

Date: Aug 5, 1999
Affirmation of Good-Faith Exception in Search Warrant Validity: United States v. Cherna Introduction United States of America v. Marvin B. Cherna, 184 F.3d 403 (5th Cir. 1999) presents a pivotal...
Morris v. Cain: Strengthening the Standard for Reasonable Doubt Jury Instructions

Morris v. Cain: Strengthening the Standard for Reasonable Doubt Jury Instructions

Date: Aug 4, 1999
Morris v. Cain: Strengthening the Standard for Reasonable Doubt Jury Instructions Introduction Donald Morris, a resident of Angola, Louisiana, filed a federal habeas corpus petition challenging the...
FAA v. Scales: Reinforcing Title VII Standards in Employment Discrimination and Criteria-Based Promotion Decisions

FAA v. Scales: Reinforcing Title VII Standards in Employment Discrimination and Criteria-Based Promotion Decisions

Date: Aug 4, 1999
FAA v. Scales: Reinforcing Title VII Standards in Employment Discrimination and Criteria-Based Promotion Decisions Introduction In Laverne Scales v. Rodney E. Slater, 181 F.3d 703 (5th Cir. 1999),...
Affirmation of Time-Barred Habeas Petition: Coleman v. Johnson Establishes Limits on Equitable Tolling under AEDPA

Affirmation of Time-Barred Habeas Petition: Coleman v. Johnson Establishes Limits on Equitable Tolling under AEDPA

Date: Aug 4, 1999
Affirmation of Time-Barred Habeas Petition: Coleman v. Johnson Establishes Limits on Equitable Tolling under AEDPA Introduction In the pivotal case of Calvin Burnett Coleman v. Gary L. Johnson, 184...
Balancing Federal Authority and State Sovereignty: Comprehensive Analysis of the Fifth Circuit's Ruling on FCC's Universal Service Order

Balancing Federal Authority and State Sovereignty: Comprehensive Analysis of the Fifth Circuit's Ruling on FCC's Universal Service Order

Date: Jul 31, 1999
Balancing Federal Authority and State Sovereignty: Comprehensive Analysis of the Fifth Circuit's Ruling on FCC's Universal Service Order Introduction The case titled TEXAS OFFICE OF PUBLIC UTILITY...
Establishing the Boundaries of Alter Ego Claims in Foreign Bankruptcy Proceedings

Establishing the Boundaries of Alter Ego Claims in Foreign Bankruptcy Proceedings

Date: Jul 30, 1999
Establishing the Boundaries of Alter Ego Claims in Foreign Bankruptcy Proceedings Introduction The case of Rutger Schimmelpenninck & Wouter J.P. Jongepier v. James J. Byrne adjudicated by the United...
Qualified Immunity in First Amendment Retaliation Claims: Insights from Lukan v. North Forest ISD

Qualified Immunity in First Amendment Retaliation Claims: Insights from Lukan v. North Forest ISD

Date: Jul 29, 1999
Qualified Immunity in First Amendment Retaliation Claims: Insights from Lukan v. North Forest ISD Introduction The case of Olufemi Anthony Lukan v. North Forest Independent School District, decided...
Enhancement of Obstruction of Justice for Flight from Custody: Insights from United States v. Huerta

Enhancement of Obstruction of Justice for Flight from Custody: Insights from United States v. Huerta

Date: Jul 28, 1999
Enhancement of Obstruction of Justice for Flight from Custody: Insights from United States v. Huerta Introduction In the case of United States of America v. Pablo Huerta, the United States Court of...
Fixed Offshore Structures and Seaman Status: The Neptune Spar Precedent

Fixed Offshore Structures and Seaman Status: The Neptune Spar Precedent

Date: Jul 28, 1999
Fixed Offshore Structures and Seaman Status: The Neptune Spar Precedent Introduction In the landmark case Herman Fields v. Pool Offshore, Inc., 182 F.3d 353 (5th Cir. 1999), the United States Court...
Establishing Removal Jurisdiction under OCSLA in the Absence of Valid Jones Act Claims: Hufnagel v. Omega Service Industries

Establishing Removal Jurisdiction under OCSLA in the Absence of Valid Jones Act Claims: Hufnagel v. Omega Service Industries

Date: Jul 27, 1999
Establishing Removal Jurisdiction under OCSLA in the Absence of Valid Jones Act Claims: Hufnagel v. Omega Service Industries Introduction Richard H. Hufnagel v. Omega Service Industries, Inc.; Kerr...
Excessive Force Standards in § 1983 Claims: Insights from Williams v. Bramer

Excessive Force Standards in § 1983 Claims: Insights from Williams v. Bramer

Date: Jul 23, 1999
Excessive Force Standards in § 1983 Claims: Insights from Williams v. Bramer Introduction Williams v. Bramer, 180 F.3d 699 (5th Cir. 1999), is a pivotal case in the realm of civil rights litigation...
Proprietary Actions and Preemption: Upholding Bedford's Towing Ordinance

Proprietary Actions and Preemption: Upholding Bedford's Towing Ordinance

Date: Jul 23, 1999
Proprietary Actions and Preemption: Upholding Bedford's Towing Ordinance Introduction In the landmark case of Cardinal Towing Auto Repair, Inc. v. City of Bedford, Texas, the United States Court of...
Affirmation of RICO and Mail Fraud Convictions in Louisiana Video Poker Licensing Scheme

Affirmation of RICO and Mail Fraud Convictions in Louisiana Video Poker Licensing Scheme

Date: Jul 22, 1999
Affirmation of RICO and Mail Fraud Convictions in Louisiana Video Poker Licensing Scheme Introduction In the case of United States of America v. Bankston et al., the United States Court of Appeals...
Personal Jurisdiction Standards Affirmed in Marathon Oil Co. v. A.G. Ruhrgas

Personal Jurisdiction Standards Affirmed in Marathon Oil Co. v. A.G. Ruhrgas

Date: Jul 22, 1999
Personal Jurisdiction Standards Affirmed in Marathon Oil Co. v. A.G. Ruhrgas Introduction Marathon Oil Company, Marathon International Oil Company, and Marathon Petroleum Norge A/S (collectively,...
Fraudulent Joinder in Diversity Jurisdiction: Griggs v. State Farm Lloyds Explained

Fraudulent Joinder in Diversity Jurisdiction: Griggs v. State Farm Lloyds Explained

Date: Jul 21, 1999
Fraudulent Joinder in Diversity Jurisdiction: Griggs v. State Farm Lloyds Explained Introduction The case of Gerry M. Griggs v. State Farm Lloyds; Lark P. Blum, reported at 181 F.3d 694, adjudicated...
Qualified Immunity and Family Integrity: Analyzing Morris v. Dearborne (5th Cir. 1999)

Qualified Immunity and Family Integrity: Analyzing Morris v. Dearborne (5th Cir. 1999)

Date: Jul 17, 1999
Qualified Immunity and Family Integrity: Analyzing Morris v. Dearborne (5th Cir. 1999) Introduction The case of Morris v. Dearborne adjudicated by the United States Court of Appeals for the Fifth...
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