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  • Commentaries
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5th Circuit Case Commentaries

Prosecutorial Use of Post-Miranda Statements in Context of Arguable Inconsistency: Pitts v. Anderson

Prosecutorial Use of Post-Miranda Statements in Context of Arguable Inconsistency: Pitts v. Anderson

Date: Sep 20, 1997
Prosecutorial Use of Post-Miranda Statements in Context of Arguable Inconsistency: Pitts v. Anderson Introduction The case of Robert Mitchell Pitts v. James V. Anderson addresses a critical issue in...
Application of Daubert Standards to Engineering Expert Testimony in Product Liability: Insights from Watkins v. Telsmith, Inc.

Application of Daubert Standards to Engineering Expert Testimony in Product Liability: Insights from Watkins v. Telsmith, Inc.

Date: Sep 17, 1997
Application of Daubert Standards to Engineering Expert Testimony in Product Liability: Insights from Watkins v. Telsmith, Inc. Introduction In the case of LORETTA WATKINS v. TELSMITH, INC., ET AL.,...
Fifth Circuit Reaffirms Eleventh Amendment: Section 106(a) of the Bankruptcy Code Cannot Abrogate State Sovereign Immunity

Fifth Circuit Reaffirms Eleventh Amendment: Section 106(a) of the Bankruptcy Code Cannot Abrogate State Sovereign Immunity

Date: Sep 16, 1997
Fifth Circuit Reaffirms Eleventh Amendment: Section 106(a) of the Bankruptcy Code Cannot Abrogate State Sovereign Immunity Introduction The case of IN THE MATTER OF: JULIAN E. FERNANDEZ involves a...
Affirmation of the "Three Strikes" Statute: United States v. Rasco and Milton

Affirmation of the "Three Strikes" Statute: United States v. Rasco and Milton

Date: Sep 13, 1997
Affirmation of the "Three Strikes" Statute: United States v. Rasco and Milton Introduction In the case of United States of America v. Jimmy Lee Rasco; Marcus A. Milton (123 F.3d 222), the United...
Affirmation of De Minimis Standard in Failure to Protect Claims: Luong v. Hatt Dismissal Analysis

Affirmation of De Minimis Standard in Failure to Protect Claims: Luong v. Hatt Dismissal Analysis

Date: Sep 12, 1997
Affirmation of De Minimis Standard in Failure to Protect Claims: Luong v. Hatt Dismissal Analysis Introduction Thinh Minh Luong v. David Hatt, et al. is a significant civil rights case adjudicated by...
Clarke v. Stalder: Balancing Prisoners' Free Speech Rights and Institutional Security

Clarke v. Stalder: Balancing Prisoners' Free Speech Rights and Institutional Security

Date: Sep 10, 1997
Clarke v. Stalder: Balancing Prisoners' Free Speech Rights and Institutional Security Introduction In Clarke v. Stalder, 121 F.3d 222 (5th Cir. 1997), the United States Court of Appeals for the Fifth...
Attorney-Client Privilege in Forfeiture Proceedings: United States v. Robinson

Attorney-Client Privilege in Forfeiture Proceedings: United States v. Robinson

Date: Aug 30, 1997
Attorney-Client Privilege in Forfeiture Proceedings: United States v. Robinson Introduction United States v. Robinson, 121 F.3d 971 (5th Cir. 1997), is a pivotal case that examines the boundaries of...
Enforceability of Forum Selection and Choice-of-Law Clauses in International Insurance Contracts: Haynsworth v. Lloyd's of London

Enforceability of Forum Selection and Choice-of-Law Clauses in International Insurance Contracts: Haynsworth v. Lloyd's of London

Date: Aug 30, 1997
Enforceability of Forum Selection and Choice-of-Law Clauses in International Insurance Contracts: Haynsworth v. Lloyd's of London Introduction Haynsworth v. Lloyd's of London is a pivotal case...
Revisiting Attorney Fees Calculation in Voting Rights Act Cases: LULAC v. Roscoe Independent School District

Revisiting Attorney Fees Calculation in Voting Rights Act Cases: LULAC v. Roscoe Independent School District

Date: Aug 28, 1997
Revisiting Attorney Fees Calculation in Voting Rights Act Cases: LULAC v. Roscoe Independent School District Introduction The case of League of United Latin American Citizens #4552 (LULAC) v. Roscoe...
Fifth Circuit Upholds 'First to File' Doctrine in Subordination Agreement Dispute

Fifth Circuit Upholds 'First to File' Doctrine in Subordination Agreement Dispute

Date: Aug 27, 1997
Fifth Circuit Upholds 'First to File' Doctrine in Subordination Agreement Dispute Introduction The legal landscape of subordination agreements and security interests often presents intricate...
Limiting the Application of Collateral Estoppel in Bankruptcy Dischargeability Cases: Schwager v. Fallas

Limiting the Application of Collateral Estoppel in Bankruptcy Dischargeability Cases: Schwager v. Fallas

Date: Aug 23, 1997
Limiting the Application of Collateral Estoppel in Bankruptcy Dischargeability Cases: Schwager v. Fallas Introduction Schwager v. Fallas, adjudicated by the United States Court of Appeals for the...
Fifth Circuit Upholds Absolute Confidentiality of Tax Return Information Under 26 U.S.C. §6103 Despite Prior Judicial Disclosure

Fifth Circuit Upholds Absolute Confidentiality of Tax Return Information Under 26 U.S.C. §6103 Despite Prior Judicial Disclosure

Date: Aug 22, 1997
Fifth Circuit Upholds Absolute Confidentiality of Tax Return Information Under 26 U.S.C. §6103 Despite Prior Judicial Disclosure Introduction The case of Elvis E. Johnson v. Robert C. Sawyer et al....
Affirmation of Summary Judgment in Walton v. Bisco Industries: Implications for Title VII Discrimination Claims

Affirmation of Summary Judgment in Walton v. Bisco Industries: Implications for Title VII Discrimination Claims

Date: Aug 20, 1997
Affirmation of Summary Judgment in Walton v. Bisco Industries: Implications for Title VII Discrimination Claims Introduction Frances E. Walton v. Bisco Industries, Inc. (119 F.3d 368) is a pivotal...
Rector v. Johnson: Affirmation of Death Sentence Without Brady Violation

Rector v. Johnson: Affirmation of Death Sentence Without Brady Violation

Date: Aug 19, 1997
Rector v. Johnson: Affirmation of Death Sentence Without Brady Violation Introduction Rector v. Johnson is a pivotal appellate decision rendered by the United States Court of Appeals for the Fifth...
Cajun Electric Power Cooperative Settlement: Establishing Fair and Equitable Bankruptcy Practices

Cajun Electric Power Cooperative Settlement: Establishing Fair and Equitable Bankruptcy Practices

Date: Aug 6, 1997
Cajun Electric Power Cooperative Settlement: Establishing Fair and Equitable Bankruptcy Practices Introduction The case of The Cajun Electric Power Cooperative, Inc., Debtor versus The Official...
Clarifying Speedy Trial Act Compliance and Evidentiary Standards in Conspiracy and Money Laundering Convictions: UNITED STATES v. Westbrook et al.

Clarifying Speedy Trial Act Compliance and Evidentiary Standards in Conspiracy and Money Laundering Convictions: UNITED STATES v. Westbrook et al.

Date: Aug 6, 1997
Clarifying Speedy Trial Act Compliance and Evidentiary Standards in Conspiracy and Money Laundering Convictions: UNITED STATES v. Westbrook et al. Introduction The case of United States of America v....
Eleventh Amendment Sovereign Immunity Affirmed for Southern University and Its Board: Analysis of Richardson v. Southern University

Eleventh Amendment Sovereign Immunity Affirmed for Southern University and Its Board: Analysis of Richardson v. Southern University

Date: Aug 5, 1997
Eleventh Amendment Sovereign Immunity Affirmed for Southern University and Its Board: Analysis of Richardson v. Southern University Introduction The case of Clifton Richardson, Plaintiff-Appellant,...
Limitation of State Officials' Liability Under the ADA in Election Administration: Analysis of Lightbourn v. County of El Paso

Limitation of State Officials' Liability Under the ADA in Election Administration: Analysis of Lightbourn v. County of El Paso

Date: Aug 2, 1997
Limitation of State Officials' Liability Under the ADA in Election Administration: Analysis of Lightbourn v. County of El Paso Introduction The case of Lightbourn et al. v. County of El Paso, Texas...
Exhaustion of Administrative Remedies: Barnes v. Levitt, Jr. Establishes Strict Compliance for Title VII Claims

Exhaustion of Administrative Remedies: Barnes v. Levitt, Jr. Establishes Strict Compliance for Title VII Claims

Date: Aug 1, 1997
Exhaustion of Administrative Remedies: Barnes v. Levitt, Jr. Establishes Strict Compliance for Title VII Claims Introduction Wanderlon Ann Barnes v. Arthur J. Levitt, Jr., decided by the United...
Affirmation of Dismissal of Employment Discrimination Claims under FMLA, ADA, and ADEA in Price v. Marathon Cheese Corp.

Affirmation of Dismissal of Employment Discrimination Claims under FMLA, ADA, and ADEA in Price v. Marathon Cheese Corp.

Date: Aug 1, 1997
Affirmation of Dismissal of Employment Discrimination Claims under FMLA, ADA, and ADEA in Price v. Marathon Cheese Corp. Introduction In Betty Faye Price v. Marathon Cheese Corporation, 119 F.3d 330...
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