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  • Commentaries
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5th Circuit Case Commentaries

Strict Construction of Traffic Laws: Impact of United States v. Richard Eugene Miller

Strict Construction of Traffic Laws: Impact of United States v. Richard Eugene Miller

Date: Jul 14, 1998
Strict Construction of Traffic Laws: Impact of United States v. Richard Eugene Miller Introduction United States v. Richard Eugene Miller, 146 F.3d 274 (5th Cir. 1998), is a pivotal case that...
Municipal Liability for Political Retaliation in Employment: Insights from BRADY v. FORT BEND COUNTY

Municipal Liability for Political Retaliation in Employment: Insights from BRADY v. FORT BEND COUNTY

Date: Jul 3, 1998
Municipal Liability for Political Retaliation in Employment: Insights from BRADY v. FORT BEND COUNTY Introduction The case of Kenneth Craig Brady, et al. v. Fort Bend County, et al. (145 F.3d 691,...
Federal Courts Barred from Reviewing Municipal Impact Fee Ordinances under the Tax Injunction Act: Douglas Place Partnerships v. City of Madison

Federal Courts Barred from Reviewing Municipal Impact Fee Ordinances under the Tax Injunction Act: Douglas Place Partnerships v. City of Madison

Date: Jul 2, 1998
Federal Courts Barred from Reviewing Municipal Impact Fee Ordinances under the Tax Injunction Act: Douglas Place Partnerships v. City of Madison Introduction The case of Douglas Place Partnerships v....
Establishing Due Process in Jury Tampering Claims: Requirements for Notice and Participation of All Parties

Establishing Due Process in Jury Tampering Claims: Requirements for Notice and Participation of All Parties

Date: Jun 30, 1998
Establishing Due Process in Jury Tampering Claims: Requirements for Notice and Participation of All Parties Introduction The case of United States of America v. Sylvester, Brown, and Culley (143 F.3d...
Affirmation of Competitive Price Assistance Practices: Analysis of Metro Ford Truck Sales, Inc. v. Ford Motor Company

Affirmation of Competitive Price Assistance Practices: Analysis of Metro Ford Truck Sales, Inc. v. Ford Motor Company

Date: Jun 27, 1998
Affirmation of Competitive Price Assistance Practices: Analysis of Metro Ford Truck Sales, Inc. v. Ford Motor Company Introduction The case of Metro Ford Truck Sales, Inc. v. Ford Motor Company,...
Strict Enforcement of Proof of Loss Requirements in Federal Flood Insurance Claims

Strict Enforcement of Proof of Loss Requirements in Federal Flood Insurance Claims

Date: Jun 26, 1998
Strict Enforcement of Proof of Loss Requirements in Federal Flood Insurance Claims Introduction The case of Charles L. Gowland; Marguerite C. Gowland, Plaintiffs-Appellants versus Aetna and related...
Establishing Limits on Insurers' Duty to Defend under 'Sudden and Accidental' Pollution Exclusion

Establishing Limits on Insurers' Duty to Defend under 'Sudden and Accidental' Pollution Exclusion

Date: Jun 25, 1998
Establishing Limits on Insurers' Duty to Defend under 'Sudden and Accidental' Pollution Exclusion Introduction The case of Guaranty National Insurance Company and Landmark American Insurance Company...
MARATHON OIL CO. v. RUHRGAS: Federal Courts Must Prioritize Subject-Matter Jurisdiction Over Personal Jurisdiction in Removed Cases

MARATHON OIL CO. v. RUHRGAS: Federal Courts Must Prioritize Subject-Matter Jurisdiction Over Personal Jurisdiction in Removed Cases

Date: Jun 23, 1998
MARATHON OIL CO. v. RUHRGAS: Federal Courts Must Prioritize Subject-Matter Jurisdiction Over Personal Jurisdiction in Removed Cases Introduction In Marathon Oil Company, Marathon International Oil...
Affirmation of Forum Selection Clauses Enforceability in Admiralty Cases: Marinechance Shipping v. Sebastian & Galedo

Affirmation of Forum Selection Clauses Enforceability in Admiralty Cases: Marinechance Shipping v. Sebastian & Galedo

Date: Jun 23, 1998
Affirmation of Forum Selection Clauses Enforceability in Admiralty Cases: Marinechance Shipping v. Sebastian & Galedo Introduction In the landmark case Marinechance Shipping, Ltd.,...
Non-Dischargeability of Property Settlement Debts Under § 523(a)(15): An In-Depth Analysis of Gamble v. Gamble

Non-Dischargeability of Property Settlement Debts Under § 523(a)(15): An In-Depth Analysis of Gamble v. Gamble

Date: Jun 23, 1998
Non-Dischargeability of Property Settlement Debts Under § 523(a)(15): An In-Depth Analysis of Gamble v. Gamble Introduction The case of Sim Michael Gamble v. Arcina Ann Gamble (143 F.3d 223),...
Unprotected Ethical Breach in Employment Retaliation: Douglas v. DynMcDermott

Unprotected Ethical Breach in Employment Retaliation: Douglas v. DynMcDermott

Date: Jun 19, 1998
Unprotected Ethical Breach in Employment Retaliation: Douglas v. DynMcDermott Introduction Douglas v. DynMcDermott Petroleum Operations Company (144 F.3d 364) is a significant judgment delivered by...
Federal Courts' Authority to Sua Sponte Apply Procedural Defaults in Habeas Corpus: Analysis of Magouirk v. Phillips

Federal Courts' Authority to Sua Sponte Apply Procedural Defaults in Habeas Corpus: Analysis of Magouirk v. Phillips

Date: Jun 19, 1998
Federal Courts' Authority to Sua Sponte Apply Procedural Defaults in Habeas Corpus: Analysis of Magouirk v. Phillips Introduction Kenneth Wayne Magouirk appealed the dismissal of his federal habeas...
Jury Instruction Challenges and Counsel's Effectiveness: A Comprehensive Analysis of Moawad v. Anderson

Jury Instruction Challenges and Counsel's Effectiveness: A Comprehensive Analysis of Moawad v. Anderson

Date: Jun 17, 1998
Jury Instruction Challenges and Counsel's Effectiveness: A Comprehensive Analysis of Moawad v. Anderson Introduction Gary Moawad was convicted in the state of Mississippi for murder and aggravated...
Establishing Direct Effect: FSIA's Commercial Activity Exception Affirmed in Voest-Alpine Trading v. Bank of China

Establishing Direct Effect: FSIA's Commercial Activity Exception Affirmed in Voest-Alpine Trading v. Bank of China

Date: Jun 13, 1998
Establishing Direct Effect: FSIA's Commercial Activity Exception Affirmed in Voest-Alpine Trading v. Bank of China Introduction Voest-Alpine Trading USA Corporation v. Bank of China is a pivotal case...
Defining Government Employee vs. Independent Contractor Under the FTCA: Linkous v. United States

Defining Government Employee vs. Independent Contractor Under the FTCA: Linkous v. United States

Date: Jun 10, 1998
Defining Government Employee vs. Independent Contractor Under the FTCA: Linkous v. United States Introduction The case of Kim J. Linkous, individually and as next friend of Joshua Linkous, Kirsten...
Qualified Immunity in Excessive Force Claims: Insights from PETTA v. RIVERA

Qualified Immunity in Excessive Force Claims: Insights from PETTA v. RIVERA

Date: Jun 10, 1998
Qualified Immunity in Excessive Force Claims: Insights from PETTA v. RIVERA Introduction PETTA v. RIVERA, heard by the United States Court of Appeals for the Fifth Circuit on June 9, 1998, delves...
Non-Disabled Applicants Cannot Seek Damages for ADA Preemployment Medical Inquiries: Armstrong v. Turner Industries

Non-Disabled Applicants Cannot Seek Damages for ADA Preemployment Medical Inquiries: Armstrong v. Turner Industries

Date: Jun 9, 1998
Non-Disabled Applicants Cannot Seek Damages for ADA Preemployment Medical Inquiries: Armstrong v. Turner Industries Introduction Armstrong v. Turner Industries, Inc. is a landmark case adjudicated by...
Procedural Due Process in Attorney Disbarrment: Collie v. Vought Aircraft Company

Procedural Due Process in Attorney Disbarrment: Collie v. Vought Aircraft Company

Date: Jun 6, 1998
Procedural Due Process in Attorney Disbarrment: Collie v. Vought Aircraft Company Introduction The case of OLLIE DAILEY, PLAINTIFF-APPELLANT and NOEMI ALESSANDRA COLLIE, APPELLANT v. VOUGHT AIRCRAFT...
Strict Interpretation of Mental Disorder Coverage under ERISA Plans: Tolson v. Avondale Industries

Strict Interpretation of Mental Disorder Coverage under ERISA Plans: Tolson v. Avondale Industries

Date: Jun 4, 1998
Strict Interpretation of Mental Disorder Coverage under ERISA Plans: Tolson v. Avondale Industries Introduction Gregory A. Tolson filed a lawsuit against Avondale Industries, Inc. and its affiliated...
McCarran-Ferguson Act Preempts Federal Arbitration in Insurance Delinquency Proceedings: A Comprehensive Analysis of Munich American Reinsurance Co. v. Crawford

McCarran-Ferguson Act Preempts Federal Arbitration in Insurance Delinquency Proceedings: A Comprehensive Analysis of Munich American Reinsurance Co. v. Crawford

Date: Jun 3, 1998
McCarran-Ferguson Act Preempts Federal Arbitration in Insurance Delinquency Proceedings: A Comprehensive Analysis of Munich American Reinsurance Co. v. Crawford Introduction The legal landscape...
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