5th Circuit Case Commentaries

Limitation on AEDPA’s Retroactive Application to Pending Habeas Petitions: Green v. Johnson

Date: Jun 28, 1997

Limitation on AEDPA’s Retroactive Application to Pending Habeas Petitions: Green v. Johnson Introduction Green v. Johnson is a pivotal case adjudicated by the United States Court of Appeals for the...

Lackey v. Johnson: Limiting Appellate Review Under AEDPA to Specified Issues

Date: Jun 27, 1997

Lackey v. Johnson: Limiting Appellate Review Under AEDPA to Specified Issues Introduction The case of Mitchell Lackey v. Gary L. Johnson, decided by the United States Court of Appeals for the Fifth...

Affirmation of ADA Compliance: Permitting Service Animals in Public Accommodations

Date: Jun 26, 1997

Affirmation of ADA Compliance: Permitting Service Animals in Public Accommodations Introduction In the landmark case Franklin JOHNSON v. GAMBRINUS COMPANY/SPOETZL BREWERY, Franklin Johnson, a blind...

Hileman v. City of Dallas: Defining "Individual with a Disability" under the Rehabilitation Act

Date: Jun 25, 1997

Hileman v. City of Dallas: Defining "Individual with a Disability" under the Rehabilitation Act Introduction The case of Marilie Hileman v. City of Dallas, Texas, reported in 115 F.3d 352 (1997),...

Applicability of PLRA's "Three Strikes" Provision to Section 1983 Suits: Carson v. Johnson

Date: Jun 17, 1997

Applicability of PLRA's "Three Strikes" Provision to Section 1983 Suits: Carson v. Johnson Introduction Arthur X. Carson, a Texas state prisoner, filed a civil rights lawsuit under 42 U.S.C. § 1983...

Affirmed Authority of IRS to Levy Annuity Payments and Burden of Proof in Melton v. TIAA

Date: Jun 17, 1997

Affirmed Authority of IRS to Levy Annuity Payments and Burden of Proof in Melton v. TIAA Introduction In the landmark case of Rosser B. Melton, Jr. v. Teachers Insurance Annuity Association of...

Qualified Immunity for Supervisory Officials in Harassment Cases: Insights from Southard v. Texas Board of Criminal Justice

Date: Jun 14, 1997

Qualified Immunity for Supervisory Officials in Harassment Cases: Insights from Southard v. Texas Board of Criminal Justice Introduction In the landmark case of Southard v. Texas Board of Criminal...

Applicability of the Prison Litigation Reform Act's In Forma Pauperis Provisions to Nonprisoners: Analysis of Haynes v. Scott

Date: Jun 13, 1997

Applicability of the Prison Litigation Reform Act's In Forma Pauperis Provisions to Nonprisoners: Analysis of Haynes v. Scott Introduction In the landmark case of Harry Dean Haynes v. Wayne Scott,...

Certifying Appealability under AEDPA: The Hill v. Johnson Decision

Date: Jun 6, 1997

Certifying Appealability under AEDPA: The Hill v. Johnson Decision Introduction In the landmark case of Larry Hill v. Gary L. Johnson, decided by the United States Court of Appeals for the Fifth...

Remanding INS v. Mikhael: Refining Standards for Well-Founded Fear of Persecution

Date: Jun 5, 1997

Remanding INS v. Mikhael: Refining Standards for Well-Founded Fear of Persecution Introduction Hekmat Wadih Mikhael v. Immigration and Naturalization Service, 115 F.3d 299 (5th Cir. 1997), serves as...

Establishing Fraudulent Intent in RICO Claims: CROWE v. HENRY

Date: Jun 5, 1997

Establishing Fraudulent Intent in RICO Claims: CROWE v. HENRY Introduction CROWE v. HENRY, 115 F.3d 294 (5th Cir. 1997), is a pivotal case in the realm of RICO (Racketeering Influenced and Corrupt...

Fuller v. Johnson: AEDPA's Role in Habeas Corpus Challenges to Death Sentences

Date: May 31, 1997

Fuller v. Johnson: AEDPA's Role in Habeas Corpus Challenges to Death Sentences Introduction The case of Aaron Lee Fuller v. Gary Johnson, Director of the Texas Department of Criminal Justice,...

Affirming Limited §1983 Liability for School Officials: No Special Relationship to Invoke Constitutional Protection

Date: May 28, 1997

Affirming Limited §1983 Liability for School Officials: No Special Relationship to Invoke Constitutional Protection Introduction The case of John Doe, as Next Friend of Jane Doe, a Child,...

Dunn-McCampbell v. National Park Service: Statute of Limitations in Regulatory Challenges

Date: May 24, 1997

Dunn-McCampbell v. National Park Service: Statute of Limitations in Regulatory Challenges Introduction The case Dunn-McCampbell Royalty Interest, Inc. v. National Park Service (112 F.3d 1283, 5th...

Enhanced Particularity Requirements Under Rule 9(b) in Securities Fraud Litigation: Insights from Williams v. WMX Technologies

Date: May 23, 1997

Enhanced Particularity Requirements Under Rule 9(b) in Securities Fraud Litigation: Insights from Williams v. WMX Technologies Introduction The case of Dennis Williams and Richard Dreiling v. WMX...

Prescriptive Period for Asbestos Claims Established: Orléans Parish School Board v. Asbestos Corp. Ltd.

Date: May 23, 1997

Prescriptive Period for Asbestos Claims Established: Orléans Parish School Board v. Asbestos Corp. Ltd. Introduction The case Orléans Parish School Board v. Asbestos Corp. Ltd. (No. 95-30670, 114...

Creations Unlimited v. McCain: Establishing Standards for Copyright Infringement and Jurisdiction Over Attorney's Fees in the Fifth Circuit

Date: May 22, 1997

Creations Unlimited v. McCain: Establishing Standards for Copyright Infringement and Jurisdiction Over Attorney's Fees in the Fifth Circuit Introduction In Creations Unlimited, Inc. and Tina Sartin...

SCOTT v. MOORE: Establishing Standards for Jail Staffing and Detainee Safety

Date: May 21, 1997

SCOTT v. MOORE: Establishing Standards for Jail Staffing and Detainee Safety Introduction In Artelia M. Scott v. George E. Moore, 114 F.3d 51 (5th Cir. 1997), the United States Court of Appeals for...

Qualified Immunity in Employment Discrimination: Coleman v. Houston Independent School District

Date: May 20, 1997

Qualified Immunity in Employment Discrimination: Coleman v. Houston Independent School District Introduction Coleman v. Houston Independent School District is a pivotal case adjudicated by the United...

Fifth Circuit Affirms Federal Common Law Jurisdiction in Transnational Environmental Claims and Clarifies Corporate Citizenship for Diversity Jurisdiction

Date: May 20, 1997

Fifth Circuit Affirms Federal Common Law Jurisdiction in Transnational Environmental Claims and Clarifies Corporate Citizenship for Diversity Jurisdiction Introduction In the landmark case of Gerardo...

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