5th Circuit Case Commentaries

Compulsory Counterclaims and Diversity Removal in Federal Interpleader Actions: New York Life v. June G. Smith

Date: Jun 2, 1998

Compulsory Counterclaims and Diversity Removal in Federal Interpleader Actions: New York Life v. June G. Smith Introduction The case of New York Life Insurance Company v. June G. Smith serves as a...

De Novo Review and Supplemental Evidence: Fifth Circuit’s Decision in Freeman v. County of Bexar

Date: May 30, 1998

De Novo Review and Supplemental Evidence: Fifth Circuit’s Decision in Freeman v. County of Bexar Introduction Freeman v. County of Bexar is a landmark case adjudicated by the United States Court of...

Scope of Arbitration Clauses under TGAA: Limitations on Arbitrating Legally Independent Claims

Date: May 30, 1998

Scope of Arbitration Clauses under TGAA: Limitations on Arbitrating Legally Independent Claims Introduction The case of Kenneth Ford, Dr., Plaintiff-Appellee v. NYLCare Health Plans of the Gulf...

Walker v. Texas Regents: Clarifying Removal Procedures, Qualified Immunity Standards, and Bankruptcy Debt Discharge Post-Seminole

Date: May 29, 1998

Walker v. Texas Regents: Clarifying Removal Procedures, Qualified Immunity Standards, and Bankruptcy Debt Discharge Post-Seminole Introduction Walker v. Texas Regents is a seminal case decided by the...

Reversal of Municipal Liability in James Snyder v. Sidney Trepagnier: Qualified Immunity Affirmed

Date: May 28, 1998

Reversal of Municipal Liability in James Snyder v. Sidney Trepagnier: Qualified Immunity Affirmed Introduction James Snyder v. Sidney Trepagnier, et al. is a pivotal case decided by the United States...

Elvis Presley Enterprises v. Capece: Impact of Advertising and Parody on Trademark Confusion

Date: May 28, 1998

Elvis Presley Enterprises v. Capece: Impact of Advertising and Parody on Trademark Confusion Introduction The case of Elvis Presley Enterprises, Incorporated (EPE) versus Barry Capece and associated...

Affirmation of Garcia Abrego's Conviction: CCE and Pinkerton Liability Uphold Drug and Money Laundering Charges

Date: May 27, 1998

Affirmation of Garcia Abrego's Conviction: CCE and Pinkerton Liability Uphold Drug and Money Laundering Charges Introduction The case of United States of America v. Juan Garcia Abrego, 141 F.3d 142...

Establishing the Viability of Hostile Environment Claims Under the Continuing Violation Doctrine in Title VII Cases

Date: May 23, 1998

Establishing the Viability of Hostile Environment Claims Under the Continuing Violation Doctrine in Title VII Cases Introduction HUCKABAY v. MOORE, Jefferson County, Texas is a seminal case...

Narrow Interpretation of 'Interest Covered' in Employee Dishonesty Insurance: Lynch Properties Inc. v. Potomac Insurance Co.

Date: May 20, 1998

Narrow Interpretation of 'Interest Covered' in Employee Dishonesty Insurance: Lynch Properties Inc. v. Potomac Insurance Co. Introduction The case Lynch Properties Inc. v. Potomac Insurance Company...

Admissibility of Late-Designated Experts and Former NTSB Testimony: Insights from Campbell v. Keystone

Date: May 20, 1998

Admissibility of Late-Designated Experts and Former NTSB Testimony: Insights from Campbell v. Keystone Introduction The case of Campbell v. Keystone Aerial Surveys, Incorporated, adjudicated by the...

Comprehensive Analysis of Spicer v. Collins: Establishing Standards for Inmate Civil Rights Claims under Section 1983

Date: May 15, 1998

Comprehensive Analysis of Spicer v. Collins: Establishing Standards for Inmate Civil Rights Claims under Section 1983 Introduction In the landmark case Rickey Gene Spicer v. James A. Collins, et al.,...

Affirming Broad Arbitration Clauses in Joint Operating Agreements: Ramco v. Pennzoil Sets Precedent

Date: May 14, 1998

Affirming Broad Arbitration Clauses in Joint Operating Agreements: Ramco v. Pennzoil Sets Precedent Introduction Ramco Energy Limited and Pennzoil Exploration and Production Company were embroiled in...

Treating Rule 60(b) Motions as Successive §2255 Applications: Insights from UNITED STATES OF AMERICA v. ROBERT RICH

Date: May 14, 1998

Treating Rule 60(b) Motions as Successive §2255 Applications: Insights from United States of America v. Robert Rich Introduction UNITED STATES OF AMERICA v. ROBERT RICH, 141 F.3d 550 (5th Cir. 1998),...

Effective Assistance of Counsel in Habeas Corpus Petitions: Insights from McDonald v. Johnson

Date: May 12, 1998

Effective Assistance of Counsel in Habeas Corpus Petitions: Insights from McDonald v. Johnson Introduction The case of Sidney Andre McDonald v. Gary L. Johnson, decided by the United States Court of...

Pre-AEDPA Standards for Federal Habeas Corpus: Insights from Castillo v. Johnson

Date: May 12, 1998

Pre-AEDPA Standards for Federal Habeas Corpus: Insights from Castillo v. Johnson Introduction Castillo v. Johnson, 141 F.3d 218 (5th Cir. 1998), is a pivotal appellate decision that underscores the...

Qualified Immunity and Official Capacity in Federal Civil Rights Claims: Insights from Da v. d JONES

Date: May 9, 1998

Qualified Immunity and Official Capacity in Federal Civil Rights Claims: Insights from Da v. d JONES Introduction In the landmark case of Da v. d JONES (4 F. Supp. 2d 606), the United States District...

Time-Bar of Title VII Claims and Requirements for Quid Pro Quo and Retaliation: Analysis of Webb v. Cardiothoracic Surgery Associates

Date: May 1, 1998

Time-Bar of Title VII Claims and Requirements for Quid Pro Quo and Retaliation: Analysis of Webb v. Cardiothoracic Surgery Associates Introduction Webb v. Cardiothoracic Surgery Associates of North...

Utility Holds and Municipal Contracts: Insights from Hidden Oaks v. City of Austin

Date: Apr 30, 1998

Utility Holds and Municipal Contracts: Insights from Hidden Oaks Limited v. City of Austin Introduction The case of Hidden Oaks Limited et al. v. City of Austin, reported at 138 F.3d 1036 (5th Cir....

Affirming Arbitration Over Third-Party Rights in Development Agreements: Nauru Phosphate Royalties v. Drago Daic Interests

Date: Apr 30, 1998

Affirming Arbitration Over Third-Party Rights in Development Agreements: Nauru Phosphate Royalties v. Drago Daic Interests Introduction The case of Nauru Phosphate Royalties, Incorporated, (Texas) v....

ADA Jurisprudence Reinforced: Pryor v. Trane Company Sets Clear Standards for Disability Determination

Date: Apr 25, 1998

ADA Jurisprudence Reinforced: Pryor v. Trane Company Sets Clear Standards for Disability Determination Introduction The case of Ora Lee Pryor v. Trane Company, a Division of American Standard, Inc....

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