5th Circuit Case Commentaries

Clarification on Sentencing Guidelines for Possession with Intent to Traffic Child Pornography - United States v. Paul

Date: Nov 20, 2001

Clarification on Sentencing Guidelines for Possession with Intent to Traffic Child Pornography Introduction In United States v. Ronald Scott Paul (274 F.3d 155), the United States Court of Appeals...

Preemption of State Statutes in Railroad Operations: Friberg v. Kansas City Southern Railway Company

Date: Nov 16, 2001

Preemption of State Statutes in Railroad Operations: Friberg v. Kansas City Southern Railway Company Introduction The case of Gunard Friberg, Etc. v. Kansas City Southern Railway Company addresses...

Signal Composites v. Ameristar Jet Charter: Reversal on Breach of Warranty Claim

Date: Nov 14, 2001

Signal Composites v. Ameristar Jet Charter: Reversal on Breach of Warranty Claim Introduction The case of Ameristar Jet Charter, Inc. v. Signal Composites, Inc. addressed significant issues...

Procedural Bars in 28 U.S.C. § 2255 Motions: An Analysis of United States v. Willis

Date: Nov 13, 2001

Procedural Bars in 28 U.S.C. § 2255 Motions: An Analysis of United States v. Willis Introduction The case of United States v. Joseph Jerome Willis, 273 F.3d 592 (5th Cir. 2001), centers on Joseph...

Protecting Public Employee Speech on Matters of Public Concern: Branton v. City of Dallas

Date: Nov 10, 2001

Protecting Public Employee Speech on Matters of Public Concern: Branton v. City of Dallas Introduction Branton v. City of Dallas is a landmark case decided by the United States Court of Appeals for...

Strict Standards for Common Legal Interest Privilege Upheld in Santa Fe International Corporation Case

Date: Nov 8, 2001

Strict Standards for Common Legal Interest Privilege Upheld in Santa Fe International Corporation Case Introduction In the landmark case of In re: Santa Fe International Corporation, 272 F.3d 705...

Affirmation of Plan Administrator’s Interpretation Under ERISA: Gosselink v. SBC Communications

Date: Nov 8, 2001

Affirmation of Plan Administrator’s Interpretation Under ERISA: Gosselink v. SBC Communications Introduction The case of Gosselink, Tutt, and Simms v. SBC Communications addresses the interpretation...

Affirmation of Legitimate Termination in Discrimination Claims: Wallace v. Methodist Hospital System

Date: Nov 8, 2001

Affirmation of Legitimate Termination in Discrimination Claims: Wallace v. Methodist Hospital System Introduction The case of Veronica A. Wallace v. The Methodist Hospital System (271 F.3d 212) is a...

Affirmation of Military Contractor Defense and Federal Removal in Agent Orange Litigation: Miller v. Diamond Shamrock Co.

Date: Oct 31, 2001

Affirmation of Military Contractor Defense and Federal Removal in Agent Orange Litigation: Miller v. Diamond Shamrock Co. Introduction Rodney A. Miller v. Diamond Shamrock Co., 275 F.3d 414 (5th Cir....

Santellan v. Cockrell: Upholding AEDPA Standards in Capital Murder Habeas Corpus Review

Date: Oct 18, 2001

Santellan v. Cockrell: Upholding AEDPA Standards in Capital Murder Habeas Corpus Review Introduction Santellan v. Cockrell, 271 F.3d 190 (5th Cir. 2001), is a pivotal case addressing the standards...

Affirmation of School Uniform Policy under First and Fourteenth Amendments: Littlefield v. Forney Independent School District

Date: Oct 18, 2001

Affirmation of School Uniform Policy under First and Fourteenth Amendments: Littlefield v. Forney Independent School District Introduction In Littlefield v. Forney Independent School District, 268...

United States v. Emerson: Affirming Individual Second Amendment Rights in Firearm Possession Under Restraining Orders

Date: Oct 17, 2001

United States v. Emerson: Affirming Individual Second Amendment Rights in Firearm Possession Under Restraining Orders Introduction Case: United States of America v. Timothy Joe Emerson Court: United...

Affirmation of Comprehensive Tax Evasion Elements and Juror Disqualification Integrity in UNITED STATES v. BISHOP

Date: Oct 16, 2001

Affirmation of Comprehensive Tax Evasion Elements and Juror Disqualification Integrity in UNITED STATES v. BISHOP Introduction The case of United States of America v. George Meredith Bishop, III (264...

Reaffirmation of Prejudice Standard in Ineffective Assistance of Counsel Claims: United States v. Dovalina

Date: Oct 10, 2001

Reaffirmation of Prejudice Standard in Ineffective Assistance of Counsel Claims: United States v. Dovalina Introduction In the case of The UNITED STATES of America, Plaintiff-Appellee, v. Jorge Luis...

Reaffirmation of the 30% Temporal Connection Test for Seaman Status and Classification of Wireline Perforation as Non-Ultrahazardous under Louisiana Law

Date: Oct 3, 2001

Reaffirmation of the 30% Temporal Connection Test for Seaman Status and Classification of Wireline Perforation as Non-Ultrahazardous under Louisiana Law Introduction In Rusty Roberts, indi v. Dually...

Nathenson v. Zonagen Inc.: Strengthening Pleading Standards in Securities Fraud Litigation

Date: Sep 26, 2001

Nathenson v. Zonagen Inc.: Strengthening Pleading Standards in Securities Fraud Litigation Introduction The case of James M. Nathenson et al. v. Zonagen Inc. et al. (267 F.3d 400, United States Court...

Extended Detention Limits in Traffic Stops under the Fourth Amendment

Date: Sep 22, 2001

Extended Detention Limits in Traffic Stops under the Fourth Amendment Introduction The case of United States of America v. Jesus Valadez, adjudicated by the United States Court of Appeals for the...

Reinforcing Summary Judgment Standards and Limiting the Continuing Violation Doctrine in Title VII Racial Discrimination Cases

Date: Sep 19, 2001

Reinforcing Summary Judgment Standards and Limiting the Continuing Violation Doctrine in Title VII Racial Discrimination Cases Introduction The case of Audrey T. CELESTINE et al. v. PETROLEOS DE...

Apprendi Applied to Drug Sentencing: Meshack v. United States

Date: Sep 19, 2001

Apprendi Applied to Drug Sentencing: Meshack v. United States Introduction In the landmark case of United States of America v. Hugh Von Meshack; Lawayne Thomas; Linda Parker; Terrence Ian Hodges,...

Duty to Defend in Environmental Pollution Claims: A Comprehensive Analysis of Harken Exploration Co. v. Sphere Drake Insurance PLC

Date: Sep 15, 2001

Duty to Defend in Environmental Pollution Claims: A Comprehensive Analysis of Harken Exploration Co. v. Sphere Drake Insurance PLC Introduction In the landmark case of Harken Exploration Company v....