5th Circuit Case Commentaries

Affirmation of Denial of Habeas Corpus Relief in Capital Murder Conviction: Application of Strickland Standards

Date: Nov 12, 1998

Affirmation of Denial of Habeas Corpus Relief in Capital Murder Conviction: Application of Strickland Standards Introduction The case of Norman Evans Green v. Gary L. Johnson addresses critical...

Community-Based Treatment Requirements for Early Release: Rublee v. Fleming Analysis

Date: Nov 7, 1998

Community-Based Treatment Requirements for Early Release: Rublee v. Fleming Analysis Introduction Rublee v. Fleming, 160 F.3d 213 (5th Cir. 1998), is a pivotal case addressing the Bureau of Prisons'...

Qualified Immunity Jurisdiction Limits in Failure-to-Supervise Claims: Smith v. Whitley

Date: Nov 6, 1998

Qualified Immunity Jurisdiction Limits in Failure-to-Supervise Claims: Smith v. Whitley Introduction In the case of Eric Smith v. John P. Whitley, decided by the United States Court of Appeals for...

Affirmation of Summary Judgment Standards in Title VII and FMLA Claims: Boyd v. State Farm Insurance

Date: Nov 4, 1998

Affirmation of Summary Judgment Standards in Title VII and FMLA Claims: Boyd v. State Farm Insurance Introduction Boyd v. State Farm Insurance Companies, 158 F.3d 326 (5th Cir. 1998), is a...

Fifth Circuit Reverses District Court's Dismissal of Eighth Amendment Claim: Deliberate Indifference Standard Applied

Date: Oct 27, 1998

Fifth Circuit Reverses District Court's Dismissal of Eighth Amendment Claim: Deliberate Indifference Standard Applied Introduction In the landmark case Mondric Bradley v. Steve W. Puckett et al.,...

Reversing Liability under the Fair Credit Reporting Act: CSC Credit Services Case Analysis

Date: Oct 24, 1998

Reversing Liability under the Fair Credit Reporting Act: CSC Credit Services Case Analysis Introduction The case of Edward C. Sepulvado; Sheree D. Sepulvado v. CSC Credit Services, Inc. explores...

Time-Barred Limitations in In Forma Pauperis Section 1983 Suits: Gonzales v. Wyatt

Date: Oct 24, 1998

Time-Barred Limitations in In Forma Pauperis Section 1983 Suits: Gonzales v. Wyatt Introduction Gonzales v. Wyatt, 157 F.3d 1016 (5th Cir. 1998), is a pivotal case that examines the stringent...

Whitley v. Hunt: Fifth Circuit Clarifies Exhaustion of Administrative Remedies for Federal Prisoners Seeking Monetary Damages

Date: Oct 24, 1998

Whitley v. Hunt: Fifth Circuit Clarifies Exhaustion of Administrative Remedies for Federal Prisoners Seeking Monetary Damages Introduction In Russell William Whitley v. John Hunt et al., 158 F.3d 882...

Clarifying RICO Conspiracy Thresholds: Fifth Circuit's Decision in United States v. Posada-Rios et al.

Date: Oct 22, 1998

Clarifying RICO Conspiracy Thresholds: Fifth Circuit's Decision in United States v. Posada-Rios et al. Introduction The case of United States of America v. Posada-Rios et al. involves a complex web...

AEDPA’s One-Year Limitation Period Subject to Equitable Tolling in Federal Habeas Corpus Claims: Davis v. Johnson

Date: Oct 22, 1998

AEDPA’s One-Year Limitation Period Subject to Equitable Tolling in Federal Habeas Corpus Claims: Davis v. Johnson Introduction William Prince Davis v. Gary Johnson is a pivotal case adjudicated by...

Fifth Circuit Affirms Limitation on Debtor’s Attorney Compensation Post-Trustee Appointment under §330(a)(1)

Date: Oct 21, 1998

Fifth Circuit Affirms Limitation on Debtor’s Attorney Compensation Post-Trustee Appointment under §330(a)(1) Introduction In the landmark case of Andrews Kurth L.L.P. v. Family Snacks, Inc., the...

Exhaustion of Administrative Remedies in Mixed Title VII Claims: Randel v. Dept. of the Navy

Date: Oct 16, 1998

Exhaustion of Administrative Remedies in Mixed Title VII Claims: Randel v. Dept. of the Navy Introduction Colburn P. Randel, a computer specialist employed by the United States Department of the...

Establishing Substantial Equivalence in Exhaustion of State Remedies: Whitehead v. Johnson

Date: Oct 16, 1998

Establishing Substantial Equivalence in Exhaustion of State Remedies: Whitehead v. Johnson Introduction In the landmark case of James Edward Whitehead v. Gary L. Johnson, the United States Court of...

Affirmation and Reversal of Summary Judgment in First Amendment Retaliation Claims: Benningfield v. City of Houston

Date: Oct 6, 1998

Affirmation and Reversal of Summary Judgment in First Amendment Retaliation Claims: Benningfield v. City of Houston Introduction The case of Debbie L. Benningfield, Peggy Frankhouser, and Pamela M....

Fifth Circuit Limits on Border Search Practices: Non-Routine Searches and Drug Dog Alerts

Date: Oct 3, 1998

Fifth Circuit Limits on Border Search Practices: Non-Routine Searches and Drug Dog Alerts Introduction United States of America v. Carlos Rivas; Douglas Ibarra (157 F.3d 364), adjudicated by the...

Collateral Estoppel and Intent in Bankruptcy Dischargeability: Analysis of Miller v. J.D. Abrams Inc.

Date: Sep 25, 1998

Collateral Estoppel and Intent in Bankruptcy Dischargeability: Analysis of Miller v. J.D. Abrams Inc. Introduction The case of William L. Miller versus J.D. Abrams Incorporated, adjudicated in the...

Sierra Club v. USDA: Affirming ESA § 7(a)(1) Compliance

Date: Sep 25, 1998

Sierra Club v. USDA: Affirming ESA § 7(a)(1) Compliance Introduction Sierra Club; Clark Hubbs, Plaintiffs-Appellees v. Dan Glickman, Secretary, Department of Agriculture; United States Department of...

Establishing Boundaries for Equal Protection and First Amendment Claims in Correctional Policies: The Stefanoff v. Hays County Case

Date: Sep 25, 1998

Establishing Boundaries for Equal Protection and First Amendment Claims in Correctional Policies: The Stefanoff v. Hays County Case Introduction The case of Jeffrey "Zeal" Stefanoff v. Hays County,...

Establishing Vicarious Liability and Standards for Punitive Damages in Racial Discrimination Cases: Deffenbaugh-Williams v. Wal-Mart Stores

Date: Sep 25, 1998

Establishing Vicarious Liability and Standards for Punitive Damages in Racial Discrimination Cases: Deffenbaugh-Williams v. Wal-Mart Stores Introduction The case of Julie Deffenbaugh-Williams v....

Fifth Circuit Reaffirms FLSA Claims Remain Independent of Collective Bargaining Agreements: IBP, Inc. v. Plaintiffs

Date: Sep 22, 1998

Fifth Circuit Reaffirms FLSA Claims Remain Independent of Collective Bargaining Agreements: IBP, Inc. v. Plaintiffs Introduction In the seminal case of IBP, Inc. of Nebraska v. Plaintiffs-Appellees,...

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