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  • Commentaries
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5th Circuit Case Commentaries

Work for Hire and Nonexclusive Licensing: Insights from Lulirama Ltd. v. Axcess Broadcast Services, Inc.

Work for Hire and Nonexclusive Licensing: Insights from Lulirama Ltd. v. Axcess Broadcast Services, Inc.

Date: Nov 11, 1997
Work for Hire and Nonexclusive Licensing: Insights from Lulirama Ltd. v. Axcess Broadcast Services, Inc. Introduction The case of Lulirama Ltd., Inc.; Spencer Michlin v. Axcess Broadcast Services,...
Establishing Boundaries of Qualified and Official Immunity: Hart v. O'Brien et al.

Establishing Boundaries of Qualified and Official Immunity: Hart v. O'Brien et al.

Date: Nov 7, 1997
Establishing Boundaries of Qualified and Official Immunity: Hart v. O'Brien et al. Introduction In the landmark case of Peggy Nell Hart v. Harold B. O'Brien, DPS Officer, et al., adjudicated by the...
Classification of Violent Offenses for Sentence Reductions in Venegas v. Henman

Classification of Violent Offenses for Sentence Reductions in Venegas v. Henman

Date: Nov 1, 1997
Classification of Violent Offenses for Sentence Reductions in Venegas v. Henman Introduction Raymundo Venegas v. G.L. Henman, 126 F.3d 760 (5th Cir. 1997), addresses critical issues regarding the...
Clarifying Standards for Ineffective Assistance of Counsel and Jury Instructions on Lesser Included Offenses in Capital Cases: Ransom v. Johnson

Clarifying Standards for Ineffective Assistance of Counsel and Jury Instructions on Lesser Included Offenses in Capital Cases: Ransom v. Johnson

Date: Oct 29, 1997
Clarifying Standards for Ineffective Assistance of Counsel and Jury Instructions on Lesser Included Offenses in Capital Cases: Ransom v. Johnson Introduction Ransom v. Johnson, 126 F.3d 716 (5th Cir....
Nobles v. Johnson: Fifth Circuit Upholds AEDPA Applicability and Standards in Capital Habeas Corpus Petition

Nobles v. Johnson: Fifth Circuit Upholds AEDPA Applicability and Standards in Capital Habeas Corpus Petition

Date: Oct 29, 1997
Nobles v. Johnson: Fifth Circuit Upholds AEDPA Applicability and Standards in Capital Habeas Corpus Petition Introduction Case Name: Jonathan Wayne Nobles, Petitioner-Appellant, v. Gary L. Johnson,...
Jurisdictional Clarity Under the Federal Arbitration Act: A Comprehensive Analysis of Sutter Corp. v. P P Industries, Inc.

Jurisdictional Clarity Under the Federal Arbitration Act: A Comprehensive Analysis of Sutter Corp. v. P P Industries, Inc.

Date: Oct 28, 1997
Jurisdictional Clarity Under the Federal Arbitration Act: A Comprehensive Analysis of Sutter Corporation v. P P Industries, Inc. Introduction Sutter Corporation v. P P Industries, Inc., 125 F.3d 914...
Expanding False Claims Act Liability: Relationship between Stark Laws and FCA in Thompson v. Columbia/HCA

Expanding False Claims Act Liability: Relationship between Stark Laws and FCA in Thompson v. Columbia/HCA

Date: Oct 24, 1997
Expanding False Claims Act Liability: Relationship between Stark Laws and FCA in Thompson v. Columbia/HCA Introduction In United States ex rel. James M. Thompson, M.D. v. Columbia/HCA Healthcare...
Chapter 13 Debtor's Right to Avoid Prepetition Foreclosure Transfers with Delayed Deed Recording

Chapter 13 Debtor's Right to Avoid Prepetition Foreclosure Transfers with Delayed Deed Recording

Date: Oct 21, 1997
Chapter 13 Debtor's Right to Avoid Prepetition Foreclosure Transfers with Delayed Deed Recording Introduction The case of Realty Portfolio, Inc. v. Charles Hamilton, Jr. addresses a pivotal issue...
Reingold v. Swiftships: Establishing Boundaries on Trade Secret Protection under Louisiana Law

Reingold v. Swiftships: Establishing Boundaries on Trade Secret Protection under Louisiana Law

Date: Oct 17, 1997
Reingold v. Swiftships: Establishing Boundaries on Trade Secret Protection under Louisiana Law Introduction In the landmark case Irving Reingold v. Swiftships, Inc. (126 F.3d 645, 5th Cir. 1997), the...
Deliberate Indifference in Pretrial Detainee Suicide Cases: Flores v. County of Hardeman

Deliberate Indifference in Pretrial Detainee Suicide Cases: Flores v. County of Hardeman

Date: Oct 15, 1997
Deliberate Indifference in Pretrial Detainee Suicide Cases: Flores v. County of Hardeman Introduction Flores v. County of Hardeman is a landmark decision by the United States Court of Appeals for the...
Williams v. Cain: Clarifying Standards for Ineffective Assistance of Counsel and Procedural Bar Under AEDPA

Williams v. Cain: Clarifying Standards for Ineffective Assistance of Counsel and Procedural Bar Under AEDPA

Date: Oct 4, 1997
Williams v. Cain: Clarifying Standards for Ineffective Assistance of Counsel and Procedural Bar Under AEDPA Introduction The case Williams v. Cain, addressed by the United States Court of Appeals for...
Delegation of Plea Allocutions to Magistrate Judges: United States v. Dees

Delegation of Plea Allocutions to Magistrate Judges: United States v. Dees

Date: Oct 2, 1997
Delegation of Plea Allocutions to Magistrate Judges: United States v. Dees Introduction In the landmark case United States of America v. Janet Dees, 125 F.3d 261 (5th Cir. 1997), the United States...
Application of "Care, Custody, or Control" Exclusion in CGL Policies: St. Paul Mercury Insurance Co. v. Fair Grounds Corporation

Application of "Care, Custody, or Control" Exclusion in CGL Policies: St. Paul Mercury Insurance Co. v. Fair Grounds Corporation

Date: Oct 2, 1997
Application of "Care, Custody, or Control" Exclusion in CGL Policies: St. Paul Mercury Insurance Co. v. Fair Grounds Corporation 1. Introduction The case of St. Paul Mercury Insurance Company v. Fair...
Affirmation of Drug Trafficking Conspiracy and Firearm Offenses in U.S. v. Gonzales

Affirmation of Drug Trafficking Conspiracy and Firearm Offenses in U.S. v. Gonzales

Date: Oct 2, 1997
Affirmation of Drug Trafficking Conspiracy and Firearm Offenses in United States v. Gonzales Introduction Case: United States of America v. Enrique Gonzales Jr., Enrique Gonzales Sr., and Wilson...
Constructive Discharge in Employment Discrimination: Faruki v. Parsons S.I.P., Inc.

Constructive Discharge in Employment Discrimination: Faruki v. Parsons S.I.P., Inc.

Date: Sep 30, 1997
Constructive Discharge in Employment Discrimination: Faruki v. Parsons S.I.P., Inc. Introduction Faruki v. Parsons S.I.P., Inc. is a seminal case adjudicated by the United States Court of Appeals for...
Severance Benefits Eligibility Under ERISA: Insights from Zorn v. Federal Asset Disposition Association

Severance Benefits Eligibility Under ERISA: Insights from Zorn v. Federal Asset Disposition Association

Date: Sep 26, 1997
Severance Benefits Eligibility Under ERISA: Insights from Zorn v. Federal Asset Disposition Association Introduction In the landmark case Zorn v. Federal Asset Disposition Association (FADA), the...
Clarifying Antitrust Standing and Market Definition: DHJ v. SMA Affirmation

Clarifying Antitrust Standing and Market Definition: DHJ v. SMA Affirmation

Date: Sep 26, 1997
Clarifying Antitrust Standing and Market Definition: DHJ v. SMA Affirmation Introduction The landmark case Doctor's Hospital of Jefferson, Inc. (DHJ) v. Southeast Medical Alliance, Inc. (SMA) and...
Slander Per Se Survives Plaintiff’s Death: Analysis of Plumley v. Landmark Chevrolet

Slander Per Se Survives Plaintiff’s Death: Analysis of Plumley v. Landmark Chevrolet

Date: Sep 25, 1997
Slander Per Se Survives Plaintiff’s Death: Analysis of Plumley v. Landmark Chevrolet Introduction In the case of Dorothy Diane Plumley v. Landmark Chevrolet Inc.; Donald Hamilton, the United States...
Application of Totality of Circumstances in Warrants: United States v. Blount and Johnson

Application of Totality of Circumstances in Warrants: United States v. Blount and Johnson

Date: Sep 23, 1997
Application of Totality of Circumstances in Warrants: United States v. Blount and Johnson Introduction In the case of United States of America v. Donnie Lamont Blount and Gaylin Terod Johnson, the...
Affirmation of PLRA's Fee Provisions and Standards for Eighth Amendment Claims in Norton v. Dimazana

Affirmation of PLRA's Fee Provisions and Standards for Eighth Amendment Claims in Norton v. Dimazana

Date: Sep 23, 1997
Affirmation of Prison Litigation Reform Act's Fee Provisions and Standards for Eighth Amendment Claims in Norton v. Dimazana Introduction Joseph H. Norton v. E. U. Dimazana, M.D.; Texas Department of...
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