5th Circuit Case Commentaries

Alcoholism Not Recognized as a Substantially Limiting Disability Under the ADA: Analysis of Burch v. Coca-Cola

Date: Jul 31, 1997

Alcoholism Not Recognized as a Substantially Limiting Disability Under the ADA: Analysis of Burch v. Coca-Cola Introduction The case of Robert P. Burch v. Coca-Cola Co. (119 F.3d 305, 5th Cir. 1997)...

Federal Common Law Jurisdiction and Carrier Liability under Airbill Terms: Majors Jewelers v. Airborne Express

Date: Jul 31, 1997

Federal Common Law Jurisdiction and Carrier Liability under Airbill Terms: Majors Jewelers v. Airborne Express Introduction Majors Jewelers v. Airborne Express is a pivotal case decided by the United...

Texaco Ltd. v. Coulter: Establishing the Boundaries of Liability on Offshore Platforms under Louisiana Civil Code

Date: Jul 30, 1997

Texaco Ltd. v. Coulter: Establishing the Boundaries of Liability on Offshore Platforms under Louisiana Civil Code 1. Introduction The case of Geraldine Coulter, Wife of/and James Coulter,...

Enhanced Jurisdictional Standards for Extraterritorial Fraud Schemes: Robinson v. TCI/US West Communications

Date: Jul 29, 1997

Enhanced Jurisdictional Standards for Extraterritorial Fraud Schemes: Robinson v. TCI/US West Communications Introduction Robinson v. TCI/US West Communications Inc. is a pivotal case decided by the...

Sanctions and Dismissal in Employment Discrimination: Gonzalez v. Trinity Marine Group

Date: Jul 29, 1997

Sanctions and Dismissal in Employment Discrimination: Gonzalez v. Trinity Marine Group Introduction In the case of Jose Gonzalez v. Trinity Marine Group, Inc., the United States Court of Appeals for...

Fifth Circuit Upholds Non-Ex Post Facto Nature of TBCJ's 1993 Directive on Good Time Credit Restoration

Date: Jul 26, 1997

Fifth Circuit Upholds Non-Ex Post Facto Nature of TBCJ's 1993 Directive on Good Time Credit Restoration Introduction In the consolidated appeal of Hallmark et al. v. Johnson et al., multiple...

Hernandez-Rodriguez v. Pasquarell: Upholding Non-Retroactivity of Immigration Regulations

Date: Jul 25, 1997

Hernandez-Rodriguez v. Pasquarell: Upholding Non-Retroactivity of Immigration Regulations Introduction The case of Raymundo Hernandez-Rodriguez v. Kenneth L. Pasquarell was adjudicated by the United...

Enhancing Due Process in Employment Terminations: Cox v. Rapides Parish School Board

Date: Jul 25, 1997

Enhancing Due Process in Employment Terminations: Cox v. Rapides Parish School Board Introduction In Cox v. Rapides Parish School Board, the United States Court of Appeals for the Fifth Circuit...

Enforcement of Arbitration Clauses in Core Bankruptcy Proceedings: NGC Case Commentary

Date: Jul 25, 1997

Enforcement of Arbitration Clauses in Core Bankruptcy Proceedings: National Gypsum Company v. Debtors Insurance Commentary Introduction The case of National Gypsum Company, a Delaware Corporation;...

Clarifying Adverse Employment Actions in Section 1983 Retaliation Claims: Harrington v. Harris et al.

Date: Jul 22, 1997

Clarifying Adverse Employment Actions in Section 1983 Retaliation Claims Introduction Harrington v. Harris et al., 118 F.3d 359 (5th Cir. 1997), is a pivotal case that addresses the boundaries of...

Allred v. Moore Peterson: Establishing the Limits of Personal Jurisdiction in Malicious Prosecution Actions

Date: Jul 22, 1997

Allred v. Moore Peterson: Establishing the Limits of Personal Jurisdiction in Malicious Prosecution Actions Introduction Allred v. Moore Peterson, 117 F.3d 278 (5th Cir. 1997), is a pivotal case that...

Limits on Individual §1981 Claims Related to Corporate Contractual Rights: Bellows v. Amoco Oil Co.

Date: Jul 17, 1997

Limits on Individual §1981 Claims Related to Corporate Contractual Rights: Bellows v. Amoco Oil Co. Introduction In the appellate case of Martin Bellows v. Amoco Oil Company, decided by the United...

Qualified Immunity in Employment Drug Testing: A Comprehensive Analysis of Pierce v. Smith et al. (1997)

Date: Jul 16, 1997

Qualified Immunity in Employment Drug Testing: A Comprehensive Analysis of Pierce v. Smith et al. (1997) Introduction The case of DIANE PIERCE, PLAINTIFF-APPELLEE, v. DAVID SMITH; LOUIS BINDER,...

Cypress-Fairbanks ISD v. Michael F.: Upholding IEP Appropriateness and Reimbursement Denials Under the IDEA

Date: Jul 16, 1997

Cypress-Fairbanks ISD v. Michael F.: Upholding IEP Appropriateness and Reimbursement Denials Under the IDEA Introduction The case of Cypress-Fairbanks Independent School District (Cy-Fair ISD) v....

Good-Faith Exception Affirmed in Search and Seizure: United States v. Shugart

Date: Jul 15, 1997

Good-Faith Exception Affirmed in Search and Seizure: United States v. Shugart Introduction In United States v. Shugart (117 F.3d 838, 5th Cir. 1997), the United States Court of Appeals for the Fifth...

Limitations on Reasonable Accommodation under the ADA: Babcock Wilcox v. Foreman

Date: Jul 11, 1997

Limitations on Reasonable Accommodation under the ADA: Babcock Wilcox v. Foreman Introduction The case of Earl Foreman v. The Babcock Wilcox Company (“Foreman” v. “Babcock Wilcox”), decided by the...

Flexibility in Valuation of Collateral and Accrual of Postpetition Interest for Oversecured Creditors in Bankruptcy Proceedings

Date: Jul 10, 1997

Flexibility in Valuation of Collateral and Accrual of Postpetition Interest for Oversecured Creditors in Bankruptcy Proceedings Introduction The case of Financial Security Assurance Inc. (FSA) v. T-H...

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5th Circuit Case Commentaries

Alcoholism Not Recognized as a Substantially Limiting Disability Under the ADA: Analysis of Burch v. Coca-Cola

Federal Common Law Jurisdiction and Carrier Liability under Airbill Terms: Majors Jewelers v. Airborne Express

Texaco Ltd. v. Coulter: Establishing the Boundaries of Liability on Offshore Platforms under Louisiana Civil Code

Enhanced Jurisdictional Standards for Extraterritorial Fraud Schemes: Robinson v. TCI/US West Communications

Sanctions and Dismissal in Employment Discrimination: Gonzalez v. Trinity Marine Group

Fifth Circuit Upholds Non-Ex Post Facto Nature of TBCJ's 1993 Directive on Good Time Credit Restoration

Hernandez-Rodriguez v. Pasquarell: Upholding Non-Retroactivity of Immigration Regulations

Enhancing Due Process in Employment Terminations: Cox v. Rapides Parish School Board

Enforcement of Arbitration Clauses in Core Bankruptcy Proceedings: NGC Case Commentary

Clarifying Adverse Employment Actions in Section 1983 Retaliation Claims: Harrington v. Harris et al.

Allred v. Moore Peterson: Establishing the Limits of Personal Jurisdiction in Malicious Prosecution Actions

Limits on Individual §1981 Claims Related to Corporate Contractual Rights: Bellows v. Amoco Oil Co.

Qualified Immunity in Employment Drug Testing: A Comprehensive Analysis of Pierce v. Smith et al. (1997)

Cypress-Fairbanks ISD v. Michael F.: Upholding IEP Appropriateness and Reimbursement Denials Under the IDEA

Good-Faith Exception Affirmed in Search and Seizure: United States v. Shugart

Limitations on Reasonable Accommodation under the ADA: Babcock Wilcox v. Foreman

Flexibility in Valuation of Collateral and Accrual of Postpetition Interest for Oversecured Creditors in Bankruptcy Proceedings

Fifth Circuit Establishes Implied Private Right of Action for Retaliation under Title IX

Affirmation of Double Jeopardy Protections in Retrial for Lesser Included Offenses - Shute v. Texas

Fifth Circuit Clarifies Rule 24(a) Application to Prisoner IFP Appeals under PLRA