5th Circuit Case Commentaries

Affirmation of Dismissal in §2241 Habeas Corpus Petition: Garland Jeffers v. Ernest Chandler

Date: Jun 9, 2001

Affirmation of Dismissal in §2241 Habeas Corpus Petition: Garland Jeffers v. Ernest Chandler Introduction Garland Jeffers, a resident of Liberty, Texas, filed a habeas corpus petition under 28 U.S.C....

Affirmation of Louisiana Supreme Court Rule XX under First Amendment: A Fifth Circuit Analysis

Date: May 30, 2001

Affirmation of Louisiana Supreme Court Rule XX under First Amendment: A Fifth Circuit Analysis Introduction The case of Southern Christian Leadership Conference, Louisiana Chapter; St. James Citizens...

Enforcement of Registered Judgments under 28 U.S.C. § 1963: A Comprehensive Analysis of Home Port Rentals, Inc. v. The International Yachting Group, Inc.

Date: May 22, 2001

Enforcement of Registered Judgments under 28 U.S.C. § 1963: A Comprehensive Analysis of Home Port Rentals, Inc. v. The International Yachting Group, Inc. Introduction The case of Home Port Rentals,...

Exhaustion of Administrative Remedies in Immigration Habeas Corpus Proceedings: The Goonsuwan Decision

Date: May 19, 2001

Exhaustion of Administrative Remedies in Immigration Habeas Corpus Proceedings: The Goonsuwan Decision Introduction The case of Anirut Goonsuwan v. U.S. Attorney General (252 F.3d 383) presents a...

Sanctions for Breach of Settlement Confidentiality: Toon v. Wackenhut Corrections Corporation

Date: May 18, 2001

Sanctions for Breach of Settlement Confidentiality: Toon v. Wackenhut Corrections Corporation Introduction Toon v. Wackenhut Corrections Corporation is a pivotal case adjudicated by the United States...

Affirmation of Guilty Plea and Waiver of Non-Jurisdictional Defects in United States v. Lampazianie

Date: May 16, 2001

Affirmation of Guilty Plea and Waiver of Non-Jurisdictional Defects in United States v. Lampazianie Introduction United States of America v. Francesco Lampazianie, 251 F.3d 519 (5th Cir. 2001), is a...

Judicial Approach to Diversity Jurisdiction and Waiver of Presentment Discrepancies in Letters of Credit: Heritage Bank v. Redcom Laboratories

Date: May 15, 2001

Judicial Approach to Diversity Jurisdiction and Waiver of Presentment Discrepancies in Letters of Credit: Heritage Bank v. Redcom Laboratories Introduction The case of Heritage Bank, Formerly Known...

Fifth Circuit Clarifies Abuse of Discretion Standards in ERISA Disability Claims: Provident Life v. Gooden

Date: May 15, 2001

Fifth Circuit Clarifies Abuse of Discretion Standards in ERISA Disability Claims: Provident Life v. Gooden Introduction In the case of Ronald G. Gooden, Sr. v. Provident Life Accident Insurance Co.,...

Establishing Personal Jurisdiction Over Foreign Defendants in Conversion Cases: Insights from Submersible Systems, Inc. v. Perforadora Central

Date: May 5, 2001

Establishing Personal Jurisdiction Over Foreign Defendants in Conversion Cases: Insights from Submersible Systems, Inc. v. Perforadora Central Introduction The case of Submersible Systems, Inc. (SSI)...

Authority to Impose Consecutive Sentences Following Revocation of Concurrent Supervised Release Terms Established in United States v. Gonzalez

Date: May 4, 2001

Authority to Impose Consecutive Sentences Following Revocation of Concurrent Supervised Release Terms Established in United States v. Gonzalez, 250 F.3d 923 Introduction United States v. Modesto...

Auguster v. Vermilion Parish School Board: Upholding Strict Pretext Standards in Employment Discrimination Litigation

Date: May 4, 2001

Auguster v. Vermilion Parish School Board: Upholding Strict Pretext Standards in Employment Discrimination Litigation Introduction Auguster v. Vermilion Parish School Board is a pivotal case decided...

Enhancing Fifth Amendment Protections: Informed Consent Requirements for Psychiatric Evaluations in Capital Sentencing – Gardner v. Johnson

Date: May 2, 2001

Enhancing Fifth Amendment Protections: Informed Consent Requirements for Psychiatric Evaluations in Capital Sentencing – Gardner v. Johnson Introduction Gardner v. Johnson, 247 F.3d 551 (5th Cir....

No Reasonable Expectation of Privacy in Public Memorial Services: Kee v. City of Rowlett

Date: Apr 25, 2001

No Reasonable Expectation of Privacy in Public Memorial Services: Kee v. City of Rowlett Introduction In the case of Darlie Kee and Darin Routier v. City of Rowlett, Texas, the United States Court of...

Remand for Lack of Federal Jurisdiction in Howery v. Allstate Insurance Company

Date: Apr 24, 2001

Remand for Lack of Federal Jurisdiction in Howery v. Allstate Insurance Company Introduction Errol P. Howery, the plaintiff-appellant, initiated legal action against Allstate Insurance Company, the...

Fifth Circuit Reverses Summary Judgment in Title VII Race Discrimination Case

Date: Apr 20, 2001

Fifth Circuit Reverses Summary Judgment in Title VII Race Discrimination Case Introduction In the landmark case of Pratt and Garrett v. City of Houston, the United States Court of Appeals for the...

Appellate Review of Drug Sentencing Under Apprendi: Insights from Miranda v. USA (5th Cir. 2001)

Date: Apr 18, 2001

Appellate Review of Drug Sentencing Under Apprendi: Insights from Miranda v. USA (5th Cir. 2001) Introduction United States of America v. Rosalinda Miranda et al. is a pivotal decision by the United...

Lopez v. United States: Interpretation of 28 U.S.C. §2255(3) and Retroactivity of Statutory Rights

Date: Apr 17, 2001

Lopez v. United States: Interpretation of 28 U.S.C. §2255(3) and Retroactivity of Statutory Rights Introduction United States of America v. Arturo Lopez, 248 F.3d 427 (5th Cir. 2001), is a pivotal...

Establishing Rational Basis in Abortion Facility Licensing: Insights from Kaminsky v. Bell

Date: Apr 14, 2001

Establishing Rational Basis in Abortion Facility Licensing: Insights from Kaminsky v. Bell Introduction The case of Women's Medical Center of Northwest Houston et al. v. Charles E. Bell et al. (248...

Defining 'System of Records' and 'Adverse Determination' under the Privacy Act: Insights from Bettersworth v. FDIC and Others

Date: Apr 13, 2001

Defining 'System of Records' and 'Adverse Determination' under the Privacy Act: Insights from Bettersworth v. FDIC and Others Introduction Bettersworth v. FDIC and Others is a noteworthy case...

No-Pins Policy Upholds First Amendment Compliance in Law Enforcement Uniforms

Date: Apr 10, 2001

No-Pins Policy Upholds First Amendment Compliance in Law Enforcement Uniforms Introduction The case of George Daniels v. City of Arlington, Texas addresses the delicate balance between an...