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  • Commentaries
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5th Circuit Case Commentaries

Pinnacle Brands v. Price: Clarifying RICO Standing Through Requirement of Tangible Injury

Pinnacle Brands v. Price: Clarifying RICO Standing Through Requirement of Tangible Injury

Date: Apr 23, 1998
Pinnacle Brands v. Price: Clarifying RICO Standing Through Requirement of Tangible Injury Introduction In the landmark case of Pinnacle Brands, Inc. v. Price, heard by the United States Court of...
Affirmation of District Court: Vacating Consent Judgment and Upholding Jury Verdict in Carter v. Fenner et al.

Affirmation of District Court: Vacating Consent Judgment and Upholding Jury Verdict in Carter v. Fenner et al.

Date: Apr 23, 1998
Affirmation of District Court: Vacating Consent Judgment and Upholding Jury Verdict in Carter v. Fenner et al. Introduction The case of NICOLE MARIE CARTER, AS ADMINISTRATRIX OF AND THE ESTATE OF...
Application of Statute of Limitations and Due Process in Administrative License Denial: Burns v. Harris County Bail Bond Board

Application of Statute of Limitations and Due Process in Administrative License Denial: Burns v. Harris County Bail Bond Board

Date: Apr 22, 1998
Application of Statute of Limitations and Due Process in Administrative License Denial: Burns v. Harris County Bail Bond Board Introduction Carol Burns v. Harris County Bail Bond Board, 139 F.3d 513...
Affirmation of Work Made for Hire Doctrine in Event Videotaping: Quintanilla v. KIII-TV

Affirmation of Work Made for Hire Doctrine in Event Videotaping: Quintanilla v. KIII-TV

Date: Apr 18, 1998
Affirmation of Work Made for Hire Doctrine in Event Videotaping: Quintanilla v. KIII-TV Introduction In the landmark case Quintanilla v. KIII-TV, the United States Court of Appeals for the Fifth...
Strict Application of AEDPA's One-Year Limitations Period: Analysis of Henderson v. Johnson

Strict Application of AEDPA's One-Year Limitations Period: Analysis of Henderson v. Johnson

Date: Apr 17, 1998
Strict Application of AEDPA's One-Year Limitations Period: Analysis of Henderson v. Johnson Introduction The case of Thomas C. Henderson and Bradley Scott Taylor v. Gary Johnson, Director, Texas...
Balancing Eighth Amendment Rights and Penological Interests: Analysis of Talib v. Gilley

Balancing Eighth Amendment Rights and Penological Interests: Analysis of Talib v. Gilley

Date: Apr 16, 1998
Balancing Eighth Amendment Rights and Penological Interests: Analysis of Talib v. Gilley Introduction The case of Harun Nassor Talib v. Gilley, Sgt.; Leslie Woods, Warden; Texas Department of...
Continental Airlines v. Urbano: Upholding the Pregnancy Discrimination Act's Standards on Light-Duty Assignments

Continental Airlines v. Urbano: Upholding the Pregnancy Discrimination Act's Standards on Light-Duty Assignments

Date: Apr 16, 1998
Continental Airlines v. Urbano: Upholding the Pregnancy Discrimination Act's Standards on Light-Duty Assignments Introduction The case of Mirtha Urbano v. Continental Airlines, Inc., adjudicated by...
Qualified Immunity Reinforced in SANCHEZ v. SWYDEN et al.

Qualified Immunity Reinforced in SANCHEZ v. SWYDEN et al.

Date: Apr 16, 1998
Qualified Immunity Reinforced in SANCHEZ v. SWYDEN et al. Introduction The case of Oscar F. Sanchez and Liliana Sanchez v. Charles Swyden, Inspector, et al., adjudicated by the United States Court of...
Qualified Immunity and Excessive Force: The Case of Gutierrez v. City of San Antonio

Qualified Immunity and Excessive Force: The Case of Gutierrez v. City of San Antonio

Date: Apr 15, 1998
Qualified Immunity and Excessive Force: The Case of Gutierrez v. City of San Antonio Introduction The case of Gutierrez v. City of San Antonio centers on the tragic death of Rene Gutierrez, Jr., who...
Reversal of Jury Verdict in Nichols v. Lewis Grocer: Insufficient Evidence of Sex Discrimination in Promotion Decisions

Reversal of Jury Verdict in Nichols v. Lewis Grocer: Insufficient Evidence of Sex Discrimination in Promotion Decisions

Date: Apr 4, 1998
Reversal of Jury Verdict in Nichols v. Lewis Grocer: Insufficient Evidence of Sex Discrimination in Promotion Decisions Introduction In Vera Ann Nichols v. Lewis Grocer, a Division of Supervalu,...
Frith v. Guardian Life: Upholding the Parol Evidence Rule and Enforcing Rule 9(b) Specificity in Fraud Allegations

Frith v. Guardian Life: Upholding the Parol Evidence Rule and Enforcing Rule 9(b) Specificity in Fraud Allegations

Date: Apr 1, 1998
Frith v. Guardian Life: Upholding the Parol Evidence Rule and Enforcing Rule 9(b) Specificity in Fraud Allegations Introduction In the case of Larry P. Frith and Tena Frith v. The Guardian Life...
McGuire v. Turnbo: Affirming Timely Bivens Claims Under Rule 15(c)

McGuire v. Turnbo: Affirming Timely Bivens Claims Under Rule 15(c)

Date: Apr 1, 1998
McGuire v. Turnbo: Affirming Timely Bivens Claims Under Rule 15(c) Introduction In the case of Rochelle McGuire, Individually as Next Friend and on Behalf of the Two Minor Children of Shelia A....
Qualified Immunity Denied in Whistleblower Retaliation Claims: Samuel v. Holmes et al.

Qualified Immunity Denied in Whistleblower Retaliation Claims: Samuel v. Holmes et al.

Date: Apr 1, 1998
Qualified Immunity Denied in Whistleblower Retaliation Claims: Samuel v. Holmes et al. Introduction In the landmark case of Carlos Samuel v. Morris Holmes, Maudelle Davis-Cade, J. Berengher Brechtel,...
Exclusive Jurisdiction of the FEC Under the Campaign Act Precludes Unilateral Judicial Review: Insights from Stockman v. FEC

Exclusive Jurisdiction of the FEC Under the Campaign Act Precludes Unilateral Judicial Review: Insights from Stockman v. FEC

Date: Mar 28, 1998
Exclusive Jurisdiction of the FEC Under the Campaign Act Precludes Unilateral Judicial Review: Insights from Stockman v. FEC Introduction In the landmark case of Stephen E. Stockman, Member of...
Notice Adequacy under FMLA: Reversal in Satterfield v. Wal-Mart Stores, Inc.

Notice Adequacy under FMLA: Reversal in Satterfield v. Wal-Mart Stores, Inc.

Date: Mar 26, 1998
Notice Adequacy under FMLA: Reversal in Satterfield v. Wal-Mart Stores, Inc. Introduction In Satterfield v. Wal-Mart Stores, Inc., 135 F.3d 973 (5th Cir. 1998), the United States Court of Appeals for...
Reasonableness of Attorneys' Fees in Class Action Settlements: Analyzing Strong v. BellSouth Telecommunications Inc.

Reasonableness of Attorneys' Fees in Class Action Settlements: Analyzing Strong v. BellSouth Telecommunications Inc.

Date: Mar 24, 1998
Reasonableness of Attorneys' Fees in Class Action Settlements: Analyzing Strong v. BellSouth Telecommunications Inc. Introduction The case of JAMES T STRONG et al. v. BELLSOUTH TELECOMMUNICATIONS...
Threshold Requirements for ADA Disability Claims: Hamilton v. Southwestern Bell Telephone Company

Threshold Requirements for ADA Disability Claims: Hamilton v. Southwestern Bell Telephone Company

Date: Mar 24, 1998
Threshold Requirements for ADA Disability Claims: Hamilton v. Southwestern Bell Telephone Company Introduction In Douglas C. Hamilton v. Southwestern Bell Telephone Company, the United States Court...
Early Release Eligibility Standards under 28 C.F.R. § 550.58: Insights from Wottlin v. Fleming

Early Release Eligibility Standards under 28 C.F.R. § 550.58: Insights from Wottlin v. Fleming

Date: Mar 24, 1998
Early Release Eligibility Standards under 28 C.F.R. § 550.58: Insights from Wottlin v. Fleming Introduction David Wottlin, a petitioner-appellant, challenged the Bureau of Prisons' (BOP) application...
Revisiting Excessive Force in Correctional Settings: Baldwin v. Stalder

Revisiting Excessive Force in Correctional Settings: Baldwin v. Stalder

Date: Mar 18, 1998
Revisiting Excessive Force in Correctional Settings: Baldwin v. Stalder Introduction In the landmark case Carnell Kent Baldwin v. Richard L. Stalder et al., decided by the United States Court of...
Impact of the PLRA's Three Strikes Provision on Prisoner Litigation: Patton v. Jefferson Correctional Center

Impact of the PLRA's Three Strikes Provision on Prisoner Litigation: Patton v. Jefferson Correctional Center

Date: Mar 14, 1998
Impact of the PLRA's Three Strikes Provision on Prisoner Litigation: Patton v. Jefferson Correctional Center Introduction In John W. Patton v. Jefferson Correctional Center et al. (136 F.3d 458, 5th...
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