5th Circuit Case Commentaries

Establishing Precedent on Pregnancy Discrimination and Attorney's Fees under Title VII: Migis v. Pearle Vision, Inc.

Date: Mar 11, 1998

Establishing Precedent on Pregnancy Discrimination and Attorney's Fees under Title VII: Migis v. Pearle Vision, Inc. Introduction In Migis v. Pearle Vision, Inc., 135 F.3d 1041 (5th Cir. 1998), the...

Cain v. United States Court of Appeals: Defining Successive Habeas Corpus Petitions under AEDPA

Date: Mar 6, 1998

Cain v. United States Court of Appeals: Defining Successive Habeas Corpus Petitions under AEDPA Introduction IN RE: SHANE McCLAINE CAIN, MOVANT. (137 F.3d 234) is a pivotal case decided by the United...

AEDPA Limitations Period: Flores v. United States - A New Precedent

Date: Mar 6, 1998

AEDPA Limitations Period: Flores v. United States - A New Precedent Introduction In UNITED STATES OF AMERICA v. ROMEO TRINIDAD FLORES, JR., the United States Court of Appeals for the Fifth Circuit...

Fifth Circuit Reverses District Court, Classifying Specialized Workover Barge Rig 3 as Vessel under the Jones Act

Date: Mar 3, 1998

Fifth Circuit Reverses District Court, Classifying Specialized Workover Barge Rig 3 as Vessel under the Jones Act Introduction In the case of Arabie J. Manuel v. P.A.W. Drilling Well Service, Inc.;...

Dyer v. United States: Reinforcing Coram Nobis Limitations Post-McNally

Date: Feb 28, 1998

Dyer v. United States: Reinforcing Coram Nobis Limitations Post-McNally Introduction Dyer v. United States, 136 F.3d 417 (5th Cir. 1998), is a pivotal case addressing the stringent criteria for...

Establishing Objective Reasonableness in Qualified Immunity: Hare v. City of Corinth

Date: Feb 13, 1998

Establishing Objective Reasonableness in Qualified Immunity: Hare v. City of Corinth Introduction Hare v. City of Corinth, et al. is a landmark decision by the United States Court of Appeals for the...

Clarifying the 'Otherwise Qualified' Standard Under the ADA: Analysis of Hypes v. First Commerce Corporation

Date: Feb 13, 1998

Clarifying the 'Otherwise Qualified' Standard Under the ADA: Analysis of Hypes v. First Commerce Corporation Introduction The case of David L. Hypes v. First Commerce Corporation (FCC), decided by...

Qualified Immunity Affirmed in the Absence of Clearly Established Law: Sorenson v. Ferrie & Walling

Date: Feb 12, 1998

Qualified Immunity Affirmed in the Absence of Clearly Established Law: Sorenson v. Ferrie & Walling Introduction Sorenson v. Ferrie & Walling is a significant appellate decision from the United...

Inclusion of Statutory Penalties in Diversity Jurisdiction: St. Paul Reinsurance Co. v. Greenberg

Date: Feb 11, 1998

Inclusion of Statutory Penalties in Diversity Jurisdiction: St. Paul Reinsurance Co. v. Greenberg Introduction St. Paul Reinsurance Company, Ltd. v. Larry Greenberg, 134 F.3d 1250 (5th Cir. 1998), is...

Appropriate Medical Screening under EMTALA: Upholding Summary Judgment in Marshall v. East Carroll Parish Hospital

Date: Feb 10, 1998

Appropriate Medical Screening under EMTALA: Upholding Summary Judgment in Marshall v. East Carroll Parish Hospital Introduction Marshall v. East Carroll Parish Hospital Service District is a pivotal...

Sexual Action Exclusion Eliminates Coverage for Vicarious Liability Claims: Analysis of American States Insurance Co. v. Bailey

Date: Jan 31, 1998

Sexual Action Exclusion Eliminates Coverage for Vicarious Liability Claims: Analysis of American States Insurance Co. v. Bailey Introduction The case of American States Insurance Company v. H. Barry...

Narvaiz v. Johnson: Affirmation of Sentencing Instructions under Texas Penal Code

Date: Jan 31, 1998

Narvaiz v. Johnson: Affirmation of Sentencing Instructions under Texas Penal Code Introduction The case Leopoldo Narvaiz, Jr., Petitioner-Appellant, v. Gary L. Johnson, Director, Texas Department of...

Strict Interpretation of 28 U.S.C. §1445(c): Fifth Circuit Prohibits Federal Court Removal of State Workers' Compensation Claims

Date: Jan 28, 1998

Strict Interpretation of 28 U.S.C. §1445(c): Fifth Circuit Prohibits Federal Court Removal of State Workers' Compensation Claims Introduction In the landmark case of Rebecca Sherrod v. American...

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5th Circuit Case Commentaries

Establishing Precedent on Pregnancy Discrimination and Attorney's Fees under Title VII: Migis v. Pearle Vision, Inc.

Cain v. United States Court of Appeals: Defining Successive Habeas Corpus Petitions under AEDPA

AEDPA Limitations Period: Flores v. United States - A New Precedent

Fifth Circuit Reverses District Court, Classifying Specialized Workover Barge Rig 3 as Vessel under the Jones Act

Dyer v. United States: Reinforcing Coram Nobis Limitations Post-McNally

Establishing Objective Reasonableness in Qualified Immunity: Hare v. City of Corinth

Clarifying the 'Otherwise Qualified' Standard Under the ADA: Analysis of Hypes v. First Commerce Corporation

Qualified Immunity Affirmed in the Absence of Clearly Established Law: Sorenson v. Ferrie & Walling

Inclusion of Statutory Penalties in Diversity Jurisdiction: St. Paul Reinsurance Co. v. Greenberg

Appropriate Medical Screening under EMTALA: Upholding Summary Judgment in Marshall v. East Carroll Parish Hospital

Sexual Action Exclusion Eliminates Coverage for Vicarious Liability Claims: Analysis of American States Insurance Co. v. Bailey

Narvaiz v. Johnson: Affirmation of Sentencing Instructions under Texas Penal Code

Strict Interpretation of 28 U.S.C. §1445(c): Fifth Circuit Prohibits Federal Court Removal of State Workers' Compensation Claims

Limits of Habeas Corpus Relief under 28 U.S.C. § 2255 in Sentencing and Ineffective Assistance of Counsel Claims

Establishing Standards for Sequestration Orders: In re Terra International, Inc.

Affirmation of Magistrate Judge's Decision on Jury Trial Waiver and Evidentiary Rulings in McDonald v. Steward

Expanding the Definition of 'Official Act' in Public Bribery: Parker v. USA

Ineffective Assistance of Counsel and Fifth Amendment Protections in Goodwin v. Johnson

Enhancing Plaintiff’s Rights in Amending Defendants: Jacobsen v. Police Officer Osborne

Qualified Immunity Affirmed for Prison Officials Under Discretionary Duty in Newton v. Black