5th Circuit Case Commentaries

Lucas v. Johnson: Upholding Federal Habeas Principles and the Limited Role of Actual Innocence Claims

Date: Jan 10, 1998

Lucas v. Johnson: Upholding Federal Habeas Principles and the Limited Role of Actual Innocence Claims Introduction Henry Lee Lucas v. Gary L. Johnson is a seminal case adjudicated by the United...

Judicial Estoppel and ADA Claims: Insights from McConathy v. Dr. Pepper/Seven Up Corp

Date: Jan 8, 1998

Judicial Estoppel and ADA Claims: Insights from McConathy v. Dr. Pepper/Seven Up Corp. Introduction McConathy v. Dr. Pepper/Seven Up Corporation is a significant case adjudicated by the United States...

Affirmation of Death Penalty under the Federal Death Penalty Act: United States v. Jones

Date: Jan 6, 1998

Affirmation of Death Penalty under the Federal Death Penalty Act: United States v. Jones Introduction United States v. Louis Jones, Jr. is a landmark decision by the United States Court of Appeals...

MUNIZ v. JOHNSON: Upholding Procedural Defaults and Miranda Rights under AEDPA

Date: Jan 3, 1998

MUNIZ v. JOHNSON: Upholding Procedural Defaults and Miranda Rights under AEDPA Introduction MUNIZ v. JOHNSON, 132 F.3d 214 (5th Cir. 1998), is a significant case decided by the United States Court of...

Limitation Periods and Fiduciary Duties in Bankruptcy Fraud Recovery: Askanase v. Fatjo

Date: Dec 24, 1997

Limitation Periods and Fiduciary Duties in Bankruptcy Fraud Recovery: Askanase v. Fatjo Introduction Askanase v. Fatjo is a landmark case adjudicated by the United States Court of Appeals for the...

Frank v. Bear Stearns: Restricting Federal Question Jurisdiction in Third-Party Beneficiary Claims Involving Federally Chartered Enterprises

Date: Dec 20, 1997

Frank v. Bear Stearns: Restricting Federal Question Jurisdiction in Third-Party Beneficiary Claims Involving Federally Chartered Enterprises Introduction In Robert S. Frank v. Bear Stearns Co., 128...

Defining Employer under ADA Title I and ADA Title III's Scope: Bexar County v. Bloom Commentary

Date: Dec 20, 1997

Defining Employer under ADA Title I and ADA Title III's Scope: Bexar County v. Bloom Commentary Introduction Helen R. Bloom, a court reporter employed full-time by Bexar County, Texas, filed a...

Exclusive State Court Jurisdiction Under the Telephone Consumer Protection Act: A Comprehensive Analysis

Date: Dec 16, 1997

Exclusive State Court Jurisdiction Under the Telephone Consumer Protection Act: A Comprehensive Analysis Introduction In the landmark case Chair King, Inc., et al. v. Houston Cellular Corporation, et...

Revisiting Fourth Amendment Protections: The Spiller v. Texas City Decision

Date: Dec 16, 1997

Revisiting Fourth Amendment Protections: The Spiller v. Texas City Decision Introduction The case of Johnnie Faye Spiller v. City of Texas City, decided by the United States Court of Appeals for the...

Presumption of Correctness and Burden of Proof in Federal Habeas Corpus: CARTER v. JOHNSON

Date: Dec 13, 1997

Presumption of Correctness and Burden of Proof in Federal Habeas Corpus: CARTER v. JOHNSON Introduction Parties Involved: Petitioner-Appellant: Robert Anthony Carter Respondent-Appellee: Gary L....

Procedural Bar and Harmless Error: Insights from Hogue v. Johnson

Date: Dec 13, 1997

Procedural Bar and Harmless Error: Insights from Hogue v. Johnson Introduction Jerry Lee Hogue, the petitioner-appellant, appealed the district court's denial of his habeas corpus petition...

Affirmative Action and Employment Discrimination: Fifth Circuit Reverses Summary Judgment in Messer v. Texas Education Agency

Date: Dec 12, 1997

Affirmative Action and Employment Discrimination: Fifth Circuit Reverses Summary Judgment in Messer v. Texas Education Agency Introduction The case of Karen Hanson Messer v. Texas Education Agency...

Interpretation of "Overtime and Extra Compensation" in ERISA Disability Benefits: Wegner v. Standard Insurance

Date: Dec 10, 1997

Interpretation of "Overtime and Extra Compensation" in ERISA Disability Benefits: Wegner v. Standard Insurance Introduction Wegner v. Standard Insurance Company, 129 F.3d 814 (5th Cir. 1997), is a...

Bankruptcy Exemptions for Causes of Action: Analysis of In re Swift Decision

Date: Dec 9, 1997

Bankruptcy Exemptions for Causes of Action: Analysis of In re Swift Decision Introduction The case In re: David Marvin Swift (129 F.3d 792) addresses a pivotal issue in bankruptcy law: the ownership...

Affirmed Limited Liability of Parent Corporation for Subsidiary's Employment Discrimination Under ADEA in Lusk v. FoxMeyer Health Corporation

Date: Dec 5, 1997

Affirmed Limited Liability of Parent Corporation for Subsidiary's Employment Discrimination Under ADEA in Lusk v. FoxMeyer Health Corporation Introduction The case of Lusk v. FoxMeyer Health...

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