5th Circuit Case Commentaries

First-to-File Rule and Judicial Economy in RICO Claims: The Cadle Company v. Whataburger Precedent

Date: May 8, 1999

First-to-File Rule and Judicial Economy in RICO Claims: The Cadle Company v. Whataburger Precedent Introduction The Cadle Company v. Whataburger of Alice, Inc. et al. is a landmark case decided by...

Affirmed: Deliberate Indifference Under the Eighth Amendment in Prison Medical Care – Stewart v. Murphy

Date: Apr 28, 1999

Affirmed: Deliberate Indifference Under the Eighth Amendment in Prison Medical Care – Stewart v. Murphy Introduction The case of Stewart v. Murphy adjudicated by the United States Court of Appeals...

Fifth Circuit Clarifies ESOPs and Class Representation under ERISA: Matassarin v. Great Empire Broadcasting

Date: Apr 28, 1999

Fifth Circuit Clarifies ESOPs and Class Representation under ERISA: Matassarin v. Great Empire Broadcasting Introduction The case of Patricia J. Matassarin v. Great Empire Broadcasting, Inc....

Retaliatory Actions Against Elected Officials: Limits of First Amendment Protections in Colson v. Grohman et al.

Date: Apr 27, 1999

Retaliatory Actions Against Elected Officials: Limits of First Amendment Protections in Colson v. Grohman et al. Introduction The case of Joy Niday Colson v. Paul Grohman, Mike Hogg, Jack Roberts,...

Fifth Circuit Establishes Rigorous Standards for FLSA Exemptions and Attorneys' Fees Enhancements

Date: Apr 22, 1999

Fifth Circuit Establishes Rigorous Standards for FLSA Exemptions and Attorneys' Fees Enhancements Introduction In the landmark case of Kelly Heidtman et al. v. County of El Paso; City of El Paso,...

Retroactive Interpretation of 'Conviction' under IIRIRA § 322(a): Moosa v. INS

Date: Apr 20, 1999

Retroactive Interpretation of "Conviction" under IIRIRA § 322(a): Moosa v. INS Introduction In the landmark case of Wazirali Moosa, also known as Wazir Ali Haider Ali Moosa; Zebunisa Wazirali Moosa...

Jurisdictional Boundaries of Bankruptcy Courts in Enforcing Judgments Against Spendthrift Trusts: Denney v. Bass

Date: Apr 16, 1999

Jurisdictional Boundaries of Bankruptcy Courts in Enforcing Judgments Against Spendthrift Trusts: Denney v. Bass Introduction In the landmark case Denney v. Bass, the United States Court of Appeals...

Prosecutorial Immunity Affirmed: Comprehensive Analysis of Kerr v. Lyford (5th Cir. 1999)

Date: Apr 15, 1999

Prosecutorial Immunity Affirmed: Comprehensive Analysis of Kerr v. Lyford (5th Cir. 1999) Introduction In Kerr v. Lyford, the United States Court of Appeals for the Fifth Circuit addressed the...

Clarifying ERISA Preemption: Remanding Supplemental State Law Claims in Giles v. NYLCare

Date: Apr 10, 1999

Clarifying ERISA Preemption: Remanding Supplemental State Law Claims in Giles v. NYLCare Introduction The case of Bridgett Giles v. NYLCare Health Plans, Incorporated, adjudicated by the United...

Fifth Circuit Upholds FMC's Competitive Practices as Merit-Based under Section 2 Sherman Act in Stearns v. FMC

Date: Apr 8, 1999

Fifth Circuit Upholds FMC's Competitive Practices as Merit-Based under Section 2 Sherman Act in Stearns v. FMC Introduction In the landmark case of Stearns Airport Equipment Company, Incorporated v....

Establishing Boundaries for Expert Testimony in Negligence Cases: Analyzing Black v. Food Lion, Inc.

Date: Mar 31, 1999

Establishing Boundaries for Expert Testimony in Negligence Cases: Analyzing Black v. Food Lion, Inc. 1. Introduction The case of Maxine Black and James Black v. Food Lion, Inc. (171 F.3d 308)...

Understanding Prescription Commencement and Venue in Tort Actions: Insights from Luckett v. Delta Airlines

Date: Mar 30, 1999

Understanding Prescription Commencement and Venue in Tort Actions: Insights from Luckett v. Delta Airlines Introduction In the landmark case Luckett v. Delta Airlines, Inc. (171 F.3d 295, 5th Cir....

Affirmation of Non-Discriminatory Termination: Bauer v. Albemarle Corporation

Date: Mar 30, 1999

Affirmation of Non-Discriminatory Termination: Bauer v. Albemarle Corporation Introduction Beverly Bauer, the plaintiff-appellant, initiated a lawsuit against Albemarle Corporation, the...

Eleventh Amendment Bars Qui Tam Actions Against States: Foulds v. Texas Tech University

Date: Mar 30, 1999

Eleventh Amendment Bars Qui Tam Actions Against States: Foulds v. Texas Tech University Introduction In United States of America, ex rel. Carol Rae Cooper Foulds v. Texas Tech University, et al., 171...

Law of the Case and Temporary Stay: A Critical Commentary on United States v. O'Keefe

Date: Mar 25, 1999

Law of the Case and Temporary Stay: A Critical Commentary on United States v. O'Keefe Introduction United States of America v. Michael O'Keefe, Sr., Eric Schmidt, John O'Brien, and Gary Bennett, 169...

Affirming Arbitration Rights and Scope of Stay in Franchisor-Franchisee Litigation: Subway Equipment Leasing Corp. v. Forte et al.

Date: Mar 25, 1999

Affirming Arbitration Rights and Scope of Stay in Franchisor-Franchisee Litigation: Subway Equipment Leasing Corp. v. Forte et al. Introduction The case of Subway Equipment Leasing Corporation;...

Affirming the Constitutionality of Restricting Prison Mail Under the Free Exercise Clause: Chriceol v. Winn Correctional Center

Date: Mar 25, 1999

Affirming the Constitutionality of Restricting Prison Mail Under the Free Exercise Clause: Chriceol v. Winn Correctional Center Introduction In the case of Michael S. Chriceol v. Michael Phillips et...

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5th Circuit Case Commentaries

First-to-File Rule and Judicial Economy in RICO Claims: The Cadle Company v. Whataburger Precedent

Affirmed: Deliberate Indifference Under the Eighth Amendment in Prison Medical Care – Stewart v. Murphy

Fifth Circuit Clarifies ESOPs and Class Representation under ERISA: Matassarin v. Great Empire Broadcasting

Retaliatory Actions Against Elected Officials: Limits of First Amendment Protections in Colson v. Grohman et al.

Fifth Circuit Establishes Rigorous Standards for FLSA Exemptions and Attorneys' Fees Enhancements

Retroactive Interpretation of 'Conviction' under IIRIRA § 322(a): Moosa v. INS

Jurisdictional Boundaries of Bankruptcy Courts in Enforcing Judgments Against Spendthrift Trusts: Denney v. Bass

Prosecutorial Immunity Affirmed: Comprehensive Analysis of Kerr v. Lyford (5th Cir. 1999)

Clarifying ERISA Preemption: Remanding Supplemental State Law Claims in Giles v. NYLCare

Fifth Circuit Upholds FMC's Competitive Practices as Merit-Based under Section 2 Sherman Act in Stearns v. FMC

Establishing Boundaries for Expert Testimony in Negligence Cases: Analyzing Black v. Food Lion, Inc.

Understanding Prescription Commencement and Venue in Tort Actions: Insights from Luckett v. Delta Airlines

Affirmation of Non-Discriminatory Termination: Bauer v. Albemarle Corporation

Eleventh Amendment Bars Qui Tam Actions Against States: Foulds v. Texas Tech University

Law of the Case and Temporary Stay: A Critical Commentary on United States v. O'Keefe

Affirming Arbitration Rights and Scope of Stay in Franchisor-Franchisee Litigation: Subway Equipment Leasing Corp. v. Forte et al.

Affirming the Constitutionality of Restricting Prison Mail Under the Free Exercise Clause: Chriceol v. Winn Correctional Center

Religion-Based Peremptory Strikes Do Not Violate Equal Protection: Upholding Teague in Fisher v. Texas

Shepherd v. Comptroller of Public Accounts: Defining the Limits of Hostile Work Environment Claims under Title VII

Constructive Possession of Ammunition by a Convicted Felon: De Leon v. United States