5th Circuit Case Commentaries

Application of AEDPA and Strickland in Evaluating Ineffective Assistance Claims: Henderson v. Cockrell

Date: Jun 10, 2003

Application of AEDPA and Strickland in Evaluating Ineffective Assistance Claims: Henderson v. Cockrell Introduction In James Lee Henderson v. Janie Cockrell, the United States Court of Appeals for...

Enhanced Protections Against Pregnancy Discrimination: Analysis of Laxton v. Gap Inc.

Date: Jun 7, 2003

Enhanced Protections Against Pregnancy Discrimination: Analysis of Laxton v. Gap Inc. Introduction Laxton v. Gap Inc. (333 F.3d 572, 5th Cir. 2003) is a pivotal appellate decision addressing the...

Enforceability of Merger Clauses and Time-Barred Claims in Contractual Disputes: Analysis of Armstrong v. American Home Shield

Date: Jun 7, 2003

Enforceability of Merger Clauses and Time-Barred Claims in Contractual Disputes: Analysis of Armstrong v. American Home Shield Introduction The case of John Armstrong and Dan Armstrong v. American...

Establishing Qualified Immunity in Public Employment Disputes: Finch v. Fort Bend ISD

Date: Jun 6, 2003

Establishing Qualified Immunity in Public Employment Disputes: Finch v. Fort Bend Independent School District Introduction The case of Patsy Finch v. Fort Bend Independent School District (333 F.3d...

Deliberate Indifference in Prisoner Protection: Comprehensive Analysis of Adames v. Perez et al.

Date: Jun 5, 2003

Deliberate Indifference in Prisoner Protection: Comprehensive Analysis of Adames v. Perez et al. Introduction Case: Ciro Cid ADAMES v. Orlando PEREZ; et al., 331 F.3d 508 (5th Cir. 2003) Court:...

Affirmation of Eleventh Amendment Immunity and Establishment Clause in State Symbol Cases: Briggs v. State of Mississippi

Date: Jun 4, 2003

Affirmation of Eleventh Amendment Immunity and Establishment Clause in State Symbol Cases: Briggs v. State of Mississippi Introduction Briggs v. State of Mississippi, 331 F.3d 499 (5th Cir. 2003), is...

Affirmation and Limitation of Qualified Immunity in Juvenile Correctional Practices: A Commentary on Da v. Austin

Date: May 29, 2003

Affirmation and Limitation of Qualified Immunity in Juvenile Correctional Practices: A Commentary on Da v. Austin Introduction Da v. Austin, 328 F.3d 204 (5th Cir. 2003), is a pivotal case addressing...

Discharge of Divorce-Related Debts Under Bankruptcy Code: Insights from Robertson v. Dennis

Date: May 24, 2003

Discharge of Divorce-Related Debts Under Bankruptcy Code: Insights from Robertson v. Dennis Introduction The case of Sidney Robertson, III v. Kelly Dennis and Gulf South Title Corporation (330 F.3d...

Clarifying the Burden-Shifting Framework in ADEA Age Discrimination: Insights from West v. Nabors Drilling USA, Inc.

Date: May 21, 2003

Clarifying the Burden-Shifting Framework in ADEA Age Discrimination: Insights from West v. Nabors Drilling USA, Inc. Introduction Thomas E. West v. Nabors Drilling USA, Inc. is a pivotal case...

Affirmation of Due Process Rights in Extended Lockdown: Wilkerson v. Stalder

Date: May 15, 2003

Affirmation of Due Process Rights in Extended Lockdown: Wilkerson v. Stalder Introduction In the landmark case of Wilkerson v. Stalder, decided by the United States Court of Appeals for the Fifth...

Evett v. Graham and Mendiola: New Precedent on Qualified Immunity for Supervisory Law Enforcement Officers

Date: May 13, 2003

Evett v. Graham and Mendiola: New Precedent on Qualified Immunity for Supervisory Law Enforcement Officers Introduction The case of Evett v. Graham and Mendiola (330 F.3d 681) adjudicated by the...

Beeler v. Rounsavall: Upholding Summary Judgment in 'Class of One' Equal Protection Claims

Date: May 8, 2003

Beeler v. Rounsavall: Upholding Summary Judgment in 'Class of One' Equal Protection Claims Introduction Beeler v. Rounsavall, Mary Gayle Ramsey, and The City of Terrell, Texas is a pivotal case...

Impact of Aggravated Felony Classification on Deportation Proceedings: NAVARRO-MIRANDA v. ASHCROFT

Date: May 7, 2003

Impact of Aggravated Felony Classification on Deportation Proceedings: NAVARRO-MIRANDA v. ASHCROFT Introduction NAVARRO-MIRANDA v. ASHCROFT is a pivotal case decided by the United States Court of...

Enhanced Pleading Requirements and Sanctions in Civil Forfeiture: Insights from United States v. White and Jackson

Date: May 6, 2003

Enhanced Pleading Requirements and Sanctions in Civil Forfeiture: Insights from United States v. White and Jackson Introduction In the case of United States of America v. Dana W. White and Michael...

Limits of §1981 in Retail Transactions: Arguello v. Conoco Establishes Necessity of Tangible Contract Interference

Date: May 6, 2003

Limits of §1981 in Retail Transactions: Arguello v. Conoco Establishes Necessity of Tangible Contract Interference Introduction ARGUELLO v. CONOCO, INC. is a pivotal case adjudicated by the United...

Finality of Stay Orders in Arbitration Proceedings: Insights from Apache Bohai Corp. v. Texaco China

Date: May 3, 2003

Finality of Stay Orders in Arbitration Proceedings: Insights from Apache Bohai Corp. v. Texaco China Introduction The case of Apache Bohai Corporation, LDC (referred to as "Apache Bohai") versus...

Establishing Direct Evidence in Retaliation Claims: Fabela v. Socorro Independent School District

Date: Apr 25, 2003

Establishing Direct Evidence in Retaliation Claims: Fabela v. Socorro Independent School District Introduction The case of Alicia Fabela v. Socorro Independent School District (329 F.3d 409)...

Applicability of Louisiana Repurchase Act to Parts-Only Dealership Agreements: Lake Charles Diesel, Inc. v. General Motors Corp.

Date: Apr 15, 2003

Applicability of Louisiana Repurchase Act to Parts-Only Dealership Agreements: Lake Charles Diesel, Inc. v. General Motors Corp. Introduction The case of Lake Charles Diesel, Inc. (LCD) versus...

Establishing Precedent on Pooling Rights and Royalty Calculations in Oil and Gas Leases

Date: Apr 9, 2003

Establishing Precedent on Pooling Rights and Royalty Calculations in Oil and Gas Leases Introduction The case of HS Resources, Inc. v. Jim R. Wingate, adjudicated by the United States Court of...

Equitable Exceptions to the One-Year Removal Limit: Insights from Tedford v. Warner-Lambert

Date: Apr 8, 2003

Equitable Exceptions to the One-Year Removal Limit: Insights from Tedford v. Warner-Lambert Introduction In the landmark case of Jeretta Kay Tedford v. Warner-Lambert Co., adjudicated by the United...