5th Circuit Case Commentaries

Affirmation of Proper Geographic Market Definition in Antitrust Exclusive Dealing: Apani Southwest, Inc. v. Coca-Cola Enterprises, Inc.

Date: Aug 13, 2002

Affirmation of Proper Geographic Market Definition in Antitrust Exclusive Dealing: Apani Southwest, Inc. v. Coca-Cola Enterprises, Inc. Introduction In the case of Apani Southwest, Inc. v. Coca-Cola...

Enjoining Abusive Litigation Practices: Landmark Insights from Newby v. Enron

Date: Aug 10, 2002

Enjoining Abusive Litigation Practices: Landmark Insights from Newby v. Enron Introduction The case of Mark Newby; et al. v. Enron Corp.; et al., heard by the United States Court of Appeals for the...

Affirmation of Mail Fraud Conviction and Restitution Calculations in Cothran v. United States

Date: Aug 9, 2002

Affirmation of Mail Fraud Conviction and Restitution Calculations in Cothran v. United States Introduction The case of United States of America v. David Lee Cothran (302 F.3d 279, 5th Cir. 2002)...

Strict Enforcement of AEDPA §2244(b) Standards in Denying Successive Habeas Petitions: Kutzner v. Cockrell

Date: Aug 8, 2002

Strict Enforcement of AEDPA §2244(b) Standards in Denying Successive Habeas Petitions: Kutzner v. Cockrell Introduction Richard William Kutzner v. Janie Cockrell is a pivotal case adjudicated by the...

P.V. Patel v. Midland Memorial Hospital: Affirming Due Process in Physician Privilege Suspension

Date: Aug 7, 2002

P.V. Patel v. Midland Memorial Hospital: Affirming Due Process in Physician Privilege Suspension Introduction In the landmark case of P.V. Patel, M.D., indi v. dually; P.V. Patel, M.D., A...

Interpreting "Covered Instruments" in Insurance Policies: Insights from Parkans International LLC v. Zurich Insurance Co.

Date: Aug 6, 2002

Interpreting "Covered Instruments" in Insurance Policies: Insights from Parkans International LLC v. Zurich Insurance Co. Introduction The case of Parkans International LLC v. Zurich Insurance Co....

Establishing Article III Standing in Lanham Act False Advertising Claims: The Kenneth Ford Case

Date: Aug 2, 2002

Establishing Article III Standing in Lanham Act False Advertising Claims: The Kenneth Ford Case Introduction The case of Kenneth Ford, Dr., Plaintiff-Appellant, v. NYLCare Health Plans of the Gulf...

Fifth Circuit Reinforces Substantial Showing Standard for Certificate of Appealability in Janecka v. Cockrell

Date: Aug 2, 2002

Fifth Circuit Reinforces Substantial Showing Standard for Certificate of Appealability in Janecka v. Cockrell Introduction Allen Wayne Janecka v. Janie Cockrell is a pivotal case heard by the United...

Limits on Non-Pecuniary Damages in §1983 Retaliation Claims: Analysis of Hitt v. Connell

Date: Aug 1, 2002

Limits on Non-Pecuniary Damages in §1983 Retaliation Claims: Analysis of Hitt v. Connell Introduction The case of Harold Merritt Hitt v. Jerry Connell et al. adjudicated in the United States Court of...

Modification of Substantially Consummated Bankruptcy Plans Under 11 U.S.C. §1127(b): Affirmation in U.S. Brass Corp. v. Tra

Date: Aug 1, 2002

Modification of Substantially Consummated Bankruptcy Plans Under 11 U.S.C. §1127(b): Affirmation in U.S. Brass Corp. v. Tra Introduction The case of U.S. Brass Corporation, Debtor et al. v. Travelers...

Reaffirming Voluntary Waiver of Miranda Rights Despite Misleading Interrogation Practices: Soffar v. Cockrell

Date: Jul 30, 2002

Reaffirming Voluntary Waiver of Miranda Rights Despite Misleading Interrogation Practices: Soffar v. Cockrell Introduction Max Alexander Soffar, a Texas state prisoner convicted of capital murder,...

Strict Enforcement of Informal Counseling Requirements: The Teemac v. Henderson Decision

Date: Jul 27, 2002

Strict Enforcement of Informal Counseling Requirements: The Teemac v. Henderson Decision Introduction Teemac v. Henderson, 298 F.3d 452 (5th Cir. 2002), is a pivotal case that underscores the...

Affirmation of Summary Judgment in Title VII Employment Discrimination Case

Date: Jul 27, 2002

Affirmation of Summary Judgment in Title VII Employment Discrimination Case Introduction In the case of Lori Smith v. Amedisys Inc., adjudicated by the United States Court of Appeals for the Fifth...

Application of AEDPA Standards in the Denial of Certificate of Appealability: Collier v. Cockrell

Date: Jul 26, 2002

Application of AEDPA Standards in the Denial of Certificate of Appealability: Collier v. Cockrell Introduction Collier v. Cockrell is a significant case decided by the United States Court of Appeals...

Eleventh Amendment Immunity and Qualified Immunity in Whistleblower Retaliation: *Martinez v. Texas Department of Criminal Justice*

Date: Jul 26, 2002

Eleventh Amendment Immunity and Qualified Immunity in Whistleblower Retaliation: Martinez v. Texas Department of Criminal Justice Introduction The case of Laura A. Martinez v. Texas Department of...

Affirmation of Bankruptcy Court Discretion to Overrule Arbitration Clauses in Core Bankruptcy Matters

Date: Jul 23, 2002

Affirmation of Bankruptcy Court Discretion to Overrule Arbitration Clauses in Core Bankruptcy Matters Introduction In the case of Sarma Gandy v. James Gandy et al., the United States Court of Appeals...

Affirmation of Capital Sentences: Upholding the Federal Death Penalty Act and Victim Impact Statements in Bernard v. Vialva

Date: Jul 20, 2002

Affirmation of Capital Sentences: Upholding the Federal Death Penalty Act and Victim Impact Statements in Bernard v. Vialva Introduction The case of UNITED STATES of America v. Brandon Bernard and...

Enforcement of Arbitration Clauses: Limits on Nonsignatories' Ability to Compel Arbitration

Date: Jul 19, 2002

Enforcement of Arbitration Clauses: Limits on Nonsignatories' Ability to Compel Arbitration Introduction The case of James H. Westmoreland v. Roland J. Sadoux addresses the contentious issue of...

Fifth Circuit Affirms Conspiracy Convictions and Clarifies Apprendi Application in Sentencing Enhancements

Date: Jul 19, 2002

Fifth Circuit Affirms Conspiracy Convictions and Clarifies Apprendi Application in Sentencing Enhancements Introduction The case of UNITED STATES of America v. Jose Cleotide Solis and co-defendants,...

Clarifying the Cronic Exception: Effective Application of Strickland in Brandon Haynes v. Burl Cain

Date: Jul 13, 2002

Clarifying the Cronic Exception: Effective Application of Strickland in Brandon Haynes v. Burl Cain Introduction Brandon Haynes v. Burl Cain, 298 F.3d 375 (5th Cir. 2002), is a pivotal case...