5th Circuit Case Commentaries

Affirmation of MPL’s Non-Discriminatory Practices in Employment Decisions

Date: Jan 4, 2002

Affirmation of MPL’s Non-Discriminatory Practices in Employment Decisions Introduction The case of Herman Raggs v. Mississippi Power Light Company (278 F.3d 463), adjudicated by the United States...

Establishing Express Warranty as a Basis for Product Liability under the LPLA: Caboni v. General Motors

Date: Jan 3, 2002

Establishing Express Warranty as a Basis for Product Liability under the LPLA: Caboni v. General Motors Introduction In the case of Caboni v. General Motors Corporation, the United States Court of...

Limitations on 'Related To' Jurisdiction and Motion to Stay in Asbestos Mass Tort Cases: Garlock, Inc. v. Arnold, Jr.

Date: Dec 29, 2001

Limitations on 'Related To' Jurisdiction and Motion to Stay in Asbestos Mass Tort Cases: Garlock, Inc. v. Arnold, Jr. Introduction In the case of Billy Arnold, Jr., et al. v. Garlock, Inc., 278 F.3d...

Reinforcing Legal Protections for Tobacco Manufacturers under Texas Civil Practice Remedies Code § 82.004

Date: Dec 29, 2001

Reinforcing Legal Protections for Tobacco Manufacturers under Texas Civil Practice Remedies Code § 82.004 Introduction The legal landscape surrounding tobacco litigation reached a pivotal moment in...

Affirming Non-State Actor Status of Private Employers in §1983 Claims Involving Off-Duty Police Personnel

Date: Dec 27, 2001

Affirming Non-State Actor Status of Private Employers in §1983 Claims Involving Off-Duty Police Personnel Introduction Deborah Morris, an African-American citizen, initiated a lawsuit against Dillard...

Establishing Pretext in Retaliation Claims under Title VII: Montemayor v. City of San Antonio

Date: Dec 20, 2001

Establishing Pretext in Retaliation Claims under Title VII: Montemayor v. City of San Antonio Introduction The case of Gina Marie Montemayor v. City of San Antonio adjudicated by the United States...

Time-Barred Malicious Prosecution Claims Under the Federal Tort Claims Act: Analysis of United States v. Ramming

Date: Dec 20, 2001

Time-Barred Malicious Prosecution Claims Under the Federal Tort Claims Act: Analysis of United States v. Ramming Introduction United States v. Ramming, 281 F.3d 158 (5th Cir. 2001), addresses the...

Daley v. City of Houston: 5th Circuit Clarifies FLSA §207(k) Exemption for EMS Employees

Date: Dec 15, 2001

Daley v. City of Houston: 5th Circuit Clarifies FLSA §207(k) Exemption for EMS Employees Introduction In the landmark case of Daley v. City of Houston, decided on December 14, 2001, the United States...

Redefining "Occurrence": Implications for Homeowner's Insurance Coverage in Negligence and Intentional Tort Cases

Date: Dec 13, 2001

Redefining "Occurrence": Implications for Homeowner's Insurance Coverage in Negligence and Intentional Tort Cases Introduction The appellate decision in American National General Insurance Company v....

Hostile Work Environment and Employer Liability: Insights from Georgia M. Woods v. Delta Beverage Group, Inc.

Date: Dec 12, 2001

Hostile Work Environment and Employer Liability: Insights from Georgia M. Woods v. Delta Beverage Group, Inc. Introduction Georgia M. Woods v. Delta Beverage Group, Inc. is a landmark case...

Exceeding the Scope of Private Searches: Fifth Circuit's Decision in Runyan v. United States

Date: Dec 11, 2001

Exceeding the Scope of Private Searches: Fifth Circuit's Decision in Runyan v. United States Introduction In United States of America v. Robert Beam Runyan, 275 F.3d 449 (5th Cir. 2001), the United...

Affirmation of Involuntary Removal: Standards for Retaliation and Disability Claims under Title VII and the ADA

Date: Dec 11, 2001

Affirmation of Involuntary Removal: Standards for Retaliation and Disability Claims under Title VII and the ADA Introduction In the case of William M. Aldrup v. Louis Caldera, Secretary of the U.S....

Clarifying Prosecutorial and Witness Immunity under §1983: Analysis of Mowbray v. Cameron County

Date: Dec 7, 2001

Clarifying Prosecutorial and Witness Immunity under §1983: Analysis of Mowbray v. Cameron County Introduction In the landmark case of Mowbray v. Cameron County, 274 F.3d 269 (5th Cir. 2001), Freda...

Affirmation of Summary Judgment in Insurance Contract Dispute: Provident Life v. Goel

Date: Dec 5, 2001

Affirmation of Summary Judgment in Insurance Contract Dispute: Provident Life v. Goel Introduction The case of Provident Life and Accident Insurance Company v. Dinesh K. Goel, adjudicated by the...

Reaffirming AEDPA's Deferential Review: Full and Fair Hearing Not a Prerequisite – Valdez v. Cockrell

Date: Dec 4, 2001

Reaffirming AEDPA's Deferential Review: Full and Fair Hearing Not a Prerequisite Valdez v. Cockrell, Director, Texas Department of Criminal Justice, Institutional Division Court: United States Court...

Exhaustion of Federal Due Process Claims: Analysis of Wilder v. Cockrell

Date: Nov 27, 2001

Exhaustion of Federal Due Process Claims: Analysis of Wilder v. Cockrell Introduction Donald Allen Wilder appealed his convictions for theft and murder in the United States Court of Appeals for the...

Strickland Applied to Appellate Counsel Ineffectiveness in Death Penalty Habeas Corpus: Briseno v. Cockrell

Date: Nov 27, 2001

Strickland Applied to Appellate Counsel Ineffectiveness in Death Penalty Habeas Corpus: Briseno v. Cockrell Introduction Briseno v. Cockrell is a pivotal case in the realm of appellate criminal...

Establishing Standards for Firearm Enhancements and Drug Quantity Attribution in Conspiracy Sentences: United States v. Cooper et al.

Date: Nov 27, 2001

Establishing Standards for Firearm Enhancements and Drug Quantity Attribution in Conspiracy Sentences: United States v. Cooper et al. Introduction The case United States of America v. Jaltheus...

Denial of Pay Increase Recognized as Ultimate Employment Decision in Title VII Retaliation Claim

Date: Nov 22, 2001

Denial of Pay Increase Recognized as Ultimate Employment Decision in Title VII Retaliation Claim Introduction The case of Salome Fierros v. Texas Department of Health (274 F.3d 187) presents a...

Ensuring Proper Party Representation in Bankruptcy-Related Discrimination Claims: Wieburg v. GTE Southwest Inc.

Date: Nov 21, 2001

Ensuring Proper Party Representation in Bankruptcy-Related Discrimination Claims: Wieburg v. GTE Southwest Inc. Introduction In Wieburg v. GTE Southwest Inc., the United States Court of Appeals for...