5th Circuit Case Commentaries

Enforcement of Appeal Waivers in Federal Plea Agreements: United States v. Baymon

Date: Nov 16, 2002

Enforcement of Appeal Waivers in Federal Plea Agreements: United States v. Baymon Introduction In the case of United States v. Baymon, the United States Court of Appeals for the Fifth Circuit...

Immunity from Prescription Not Extending to State Agencies: Analyzing Terrebonne Parish School Board v. Mobil Oil Corporation

Date: Nov 14, 2002

Immunity from Prescription Not Extending to State Agencies: Analyzing Terrebonne Parish School Board v. Mobil Oil Corporation Introduction Terrebonne Parish School Board v. Mobil Oil Corporation, 310...

United States v. Matthews: Upholding Sentence Enhancements in Light of Apprendi

Date: Nov 13, 2002

United States v. Matthews: Upholding Sentence Enhancements in Light of Apprendi Introduction United States v. Jeffrey Matthews is a pivotal case adjudicated by the United States Court of Appeals for...

Strict Adherence to Habeas Corpus Filing Deadlines in Shareef Cousin v. C. Martin Lensing

Date: Nov 13, 2002

Strict Adherence to Habeas Corpus Filing Deadlines in Shareef Cousin v. C. Martin Lensing Introduction Shareef Cousin v. C. Martin Lensing, 310 F.3d 843 (5th Cir. 2002), is a pivotal case addressing...

Reversal of Habeas Relief Reinforces Deference to State Court Findings on Ineffective Assistance and Penry Mitigation Instructions – Smith v. Cockrell

Date: Nov 5, 2002

Reversal of Habeas Relief Reinforces Deference to State Court Findings on Ineffective Assistance and Penry Mitigation Instructions – Smith v. Cockrell Introduction Robert Smith, the petitioner in...

Strict Interpretation of the Hague Convention's Article 10(a) in Fagioli v. Nuovo Pignone

Date: Nov 1, 2002

Strict Interpretation of the Hague Convention's Article 10(a) in Fagioli v. Nuovo Pignone Introduction The case of Nuovo Pignone, SpA v. Fagioli SpA (310 F.3d 374, 5th Cir. 2002) serves as a pivotal...

Express Negligence Rule in Indemnity Agreements: Analysis of Quorum Health Resources v. Maverick County Hospital District

Date: Oct 30, 2002

Express Negligence Rule in Indemnity Agreements: Analysis of Quorum Health Resources v. Maverick County Hospital District Introduction The case of Quorum Health Resources, L.L.C. v. Maverick County...

Affirmation of Summary Judgment in Age Discrimination Case: Sandstad v. CB Richard Ellis

Date: Oct 29, 2002

Affirmation of Summary Judgment in Age Discrimination Case: Sandstad v. CB Richard Ellis Introduction The case of Kenneth D. Sandstad v. CB Richard Ellis, Inc., adjudicated by the United States Court...

Comprehensive Commentary on Livingston Downs Racing Association, Inc. v. Jefferson Downs Corporation, et al.

Date: Oct 25, 2002

Dismissing Antitrust and RICO Claims: A Critical Analysis of Livingston Downs Racing Association, Inc. v. Jefferson Downs Corporation Introduction The case of Livingston Downs Racing Association,...

Rigorous Standards for Summary Judgment in First Amendment Employment Claims: Brown v. Mississippi Valley State University

Date: Oct 24, 2002

Rigorous Standards for Summary Judgment in First Amendment Employment Claims: Brown v. Mississippi Valley State University Introduction In the landmark case Troy D. Brown, Sr. v. Mississippi Valley...

Morin v. Moore: 5th Circuit Expands Negligent Entrustment Liability for Police in Firearm Misuse

Date: Oct 24, 2002

Morin v. Moore: 5th Circuit Expands Negligent Entrustment Liability for Police in Firearm Misuse Introduction Morin v. Moore is a landmark case adjudicated by the United States Court of Appeals for...

Affirmation of Dismissal in McKinney v. McKinney: State-Created Danger Theory Under §1983

Date: Oct 19, 2002

Affirmation of Dismissal in McKinney v. McKinney: State-Created Danger Theory Under §1983 Introduction McKinney v. McKinney, 309 F.3d 308 (5th Cir. 2002), is a significant appellate decision...

Enhancing FDCPA Protections: Fifth Circuit Rules Against Deceptive Envelope Addressing in Peter v. GC Services

Date: Oct 19, 2002

Enhancing FDCPA Protections: Fifth Circuit Rules Against Deceptive Envelope Addressing in Peter v. GC Services Introduction In the landmark case of Elizabeth Peter v. GC Services, L.P.; DLS...

Extended Detention and Consent Validity: Insights from United States v. Santiago

Date: Oct 18, 2002

Extended Detention and Consent Validity: Insights from United States v. Santiago Introduction The case of United States of America v. Isidro Francisco Santiago, adjudicated by the United States Court...

Inclusion of Attorney's Fees in Amount in Controversy for Louisiana Class Actions under 28 U.S.C. § 1332

Date: Oct 12, 2002

Inclusion of Attorney's Fees in Amount in Controversy for Louisiana Class Actions under 28 U.S.C. § 1332 Introduction The case of Elaine F. Grant; Alfred Grant; Jacqueline Leary v. Chevron Phillips...

Broad Enforcement of General Releases Covering ERISA Claims: Insights from Chaplin v. NationsCredit

Date: Oct 9, 2002

Broad Enforcement of General Releases Covering ERISA Claims: Insights from Chaplin v. NationsCredit Introduction In the landmark case of Veronica Chaplin, Thomas Hall, Frank Illing, Stephen Kendall,...

Fifth Circuit Establishes Requirements for Reciprocal Indemnity under OCSLA in Diamond Offshore v. AB Builders

Date: Oct 3, 2002

Fifth Circuit Establishes Requirements for Reciprocal Indemnity under OCSLA in Diamond Offshore v. AB Builders Introduction In the landmark case of Diamond Offshore Company v. AB Builders, Inc., the...

Mandatory Liquidated Damages Under the ADEA: Insights from Tyler v. Union Oil Company of California

Date: Oct 3, 2002

Mandatory Liquidated Damages Under the ADEA: Insights from Tyler v. Union Oil Company of California Introduction The case of Tyler v. Union Oil Company of California serves as a pivotal precedent in...

Certificate of Appealability Denied in Woods v. Cockrell: Implications for Federal Habeas Corpus Standards in Capital Cases

Date: Sep 25, 2002

Certificate of Appealability Denied in Woods v. Cockrell: Implications for Federal Habeas Corpus Standards in Capital Cases Introduction Bobby Wayne Woods v. Janie Cockrell, Director, Texas...

Enforcement of Waivers in Ineffective Assistance of Counsel Claims: United States v. White

Date: Sep 24, 2002

Enforcement of Waivers in Ineffective Assistance of Counsel Claims: United States v. White Introduction The case of United States v. Kevin White delineates critical boundaries concerning the...