5th Circuit Case Commentaries

Strengthening Summary Judgment Standards: Guerin et al. v. Pointe Coupee Parish Nursing Home

Date: Jan 11, 2003

Strengthening Summary Judgment Standards: Guerin et al. v. Pointe Coupee Parish Nursing Home Introduction The case of Thelma M. Guerin, Doris J. Tircuit, and Geraldine Simmons v. Pointe Coupee Parish...

Strict Adherence to Federal Rule 16(b) in Amending Pleadings: Implications from SW Enterprises v. SouthTrust Bank

Date: Jan 7, 2003

Strict Adherence to Federal Rule 16(b) in Amending Pleadings: Implications from SW Enterprises v. SouthTrust Bank Introduction The appellate case SW Enterprises, L.L.C. v. SouthTrust Bank of Alabama,...

Affirmation of Summary Judgment in FCI USA, Inc. v. Regina White: Implications for Amount in Controversy and Wrongful Termination Claims

Date: Jan 4, 2003

Affirmation of Summary Judgment in FCI USA, Inc. v. Regina White: Implications for Amount in Controversy and Wrongful Termination Claims Introduction The case of Regina White v. FCI USA, Inc.,...

Personal Jurisdiction and Internet Bulletin Boards: Insights from Oli v. Revell

Date: Jan 1, 2003

Personal Jurisdiction and Internet Bulletin Boards: Insights from Oli v. Revell Introduction Oli v. Revell, 317 F.3d 467 (5th Cir. 2002), is a pivotal case addressing the complexities of personal...

Equitable Tolling and Counsel Errors in 28 U.S.C. §2255 Motions: United States v. Riggs

Date: Dec 31, 2002

Equitable Tolling and Counsel Errors in 28 U.S.C. §2255 Motions: United States v. Riggs Introduction United States of America v. Kevin Riggs, 314 F.3d 796 (5th Cir. 2002), is a pivotal case...

Conflict-Free Counsel and Effective Assistance: Insights from United States v. Newell & Gianakos

Date: Dec 20, 2002

Conflict-Free Counsel and Effective Assistance: Insights from United States v. Newell & Gianakos Introduction The case of United States of America v. Clifford D. Newell; Kim Gianakos (315 F.3d 510)...

U.S. v. Bass: Defining Managerial Control in §848(c) CCE Convictions

Date: Dec 20, 2002

U.S. v. Bass: Defining Managerial Control in §848(c) CCE Convictions Introduction United States of America v. Kerry L. Bass, 310 F.3d 321 (5th Cir. 2002), is a pivotal case adjudicated by the United...

Fraudulent Misjoinder of Plaintiffs Does Not Entitle Mandamus Relief to Challenge Diversity Jurisdiction

Date: Dec 19, 2002

Fraudulent Misjoinder of Plaintiffs Does Not Entitle Mandamus Relief to Challenge Diversity Jurisdiction Introduction The case In re: Benjamin Moore Co., decided by the United States Court of Appeals...

Qualified Immunity in Racial Discrimination Claims: Analysis of Felton v. Carter, 315 F.3d 470 (5th Cir. 2002)

Date: Dec 18, 2002

Qualified Immunity in Racial Discrimination Claims: Analysis of Felton v. Carter, 315 F.3d 470 (5th Cir. 2002) Introduction The case of Felton v. Carter addresses critical issues surrounding racial...

Exclusion of Billing Services from Title II and Consumer Standing under DTPA Upheld – Brittan Communications v. Southwestern Bell

Date: Dec 17, 2002

Exclusion of Billing Services from Title II and Consumer Standing under DTPA Upheld – Brittan Communications v. Southwestern Bell Introduction In the case of Brittan Communications International...

Reaffirmation of Defendant's Right to Testify: United States v. Mullins

Date: Dec 17, 2002

Reaffirmation of Defendant's Right to Testify: United States v. Mullins Introduction The case of United States of America v. Michael John Mullins (315 F.3d 449) represents a significant appellate...

Julian v. City of Houston: ADEA Suit Initiation without EEOC Right-to-Sue Notice and Front Pay Eligibility

Date: Dec 12, 2002

Julian v. City of Houston: ADEA Suit Initiation without EEOC Right-to-Sue Notice and Front Pay Eligibility Introduction In Julian v. City of Houston, the United States Court of Appeals for the Fifth...

Liability of Financial Advisors in Class Actions: An Analysis of GREAT PLAINS TRUST COMPANY v. MORGAN STANLEY DEAN WITTER CO.

Date: Dec 10, 2002

Liability of Financial Advisors in Class Actions: An Analysis of GREAT PLAINS TRUST COMPANY v. MORGAN STANLEY DEAN WITTER CO. Introduction The case of Great Plains Trust Company and Kornitzer Capital...

Affirmation of IRS Classification of Tax Liabilities and Procedural Requirements in Quiet-Title Actions: Perez v. United States

Date: Nov 28, 2002

Affirmation of IRS Classification of Tax Liabilities and Procedural Requirements in Quiet-Title Actions: Perez v. United States Introduction Jose A. Perez, a pro se plaintiff, initiated a legal...

Ramirez v. City of San Antonio: Affirming ADA Limitations Period and Rejecting Equitable Tolling

Date: Nov 27, 2002

Ramirez v. City of San Antonio: Affirming ADA Limitations Period and Rejecting Equitable Tolling Introduction Ramirez v. City of San Antonio; City Public Service Board is a significant appellate...

Federal Appellate Court Upholds Multi-Count Fraud and Money Laundering Convictions: Implications for Pretrial Procedures and Sentencing

Date: Nov 23, 2002

Federal Appellate Court Upholds Multi-Count Fraud and Money Laundering Convictions: Implications for Pretrial Procedures and Sentencing Introduction In the case of United States of America v. Arthur...

Affirming Magistrate Judges' Authority in Guilty Plea Proceedings Despite Procedural Referral Errors: An Analysis of Bolivar-Munoz & Mendoza-Carbajal

Date: Nov 21, 2002

Affirming Magistrate Judges' Authority in Guilty Plea Proceedings Despite Procedural Referral Errors: An Analysis of Bolivar-Munoz & Mendoza-Carbajal Introduction The cases of United States of...

Establishing "Prevailing Party" Status Under 42 U.S.C. § 1988: Insights from Walker v. City of Mesquite

Date: Nov 20, 2002

Establishing "Prevailing Party" Status Under 42 U.S.C. § 1988: Insights from Walker v. City of Mesquite Introduction The case of Debra Walker et al. v. City of Mesquite et al. serves as a pivotal...

Fundamental Fairness in Immigration Removal Hearings: Insights from United States v. Lopez-Ortiz

Date: Nov 19, 2002

Fundamental Fairness in Immigration Removal Hearings: Insights from United States v. Lopez-Ortiz Introduction United States of America v. Joel Lopez-Ortiz, 313 F.3d 225 (5th Cir. 2002), is a pivotal...

Reversal in Prisoner §1983 Claims: Emphasizing Physical Injury Requirements under 42 U.S.C. §1997e(e)

Date: Nov 16, 2002

Reversal in Prisoner §1983 Claims: Emphasizing Physical Injury Requirements under 42 U.S.C. §1997e(e) Introduction The case of Edward James Calhoun, Jr. v. Clyde Hargrove; Mark Atkins (312 F.3d 730),...