5th Circuit Case Commentaries

Reversal of Product Liability and Negligence Claims in McLennan v. American Eurocopter: Standards for Duty to Warn and Pilot Responsibility in Slinging Operations

Date: Apr 10, 2001

Reversal of Product Liability and Negligence Claims in McLennan v. American Eurocopter: Standards for Duty to Warn and Pilot Responsibility in Slinging Operations Introduction The case of Peter...

Employer Liability in Contracted Employment Relationships: Analysis of Okoye v. UTHHSC

Date: Apr 4, 2001

Employer Liability in Contracted Employment Relationships: Analysis of Okoye v. UTHHSC Introduction The case of Cecilia Okoye v. The University of Texas Houston Health Science Center (UTHHSC)...

Segerstrom v. Employers Fire Ins. Co.: Establishing Boundaries in Legal Malpractice Claims within Bankruptcy Estates

Date: Mar 31, 2001

Segerstrom v. Employers Fire Ins. Co.: Establishing Boundaries in Legal Malpractice Claims within Bankruptcy Estates Introduction The case of Robert Yaquinto, Jr. As Trustee for the Estate of Kayla...

Establishing ADA as Encompassing Disability-Based Harassment: Spragis Flowers v. Southern Regional Physician Services

Date: Mar 31, 2001

Establishing ADA as Encompassing Disability-Based Harassment: Spragis Flowers v. Southern Regional Physician Services Introduction The case of Sandra Spragis Flowers v. Southern Regional Physician...

Defining Employer and Official Liability under Title VII and 42 U.S.C. §1981: Oden v. Oktibbeha County

Date: Mar 28, 2001

Defining Employer and Official Liability under Title VII and 42 U.S.C. §1981: Oden v. Oktibbeha County Introduction The case of Jesse Oden v. Oktibbeha County, Mississippi; Dolph Bryan addresses...

Application of WILLIAMS v. TAYLOR Standards: Affirmation of Habeas Denial in Capital Murder for Lack of Prejudice

Date: Mar 28, 2001

Application of WILLIAMS v. TAYLOR Standards: Affirmation of Habeas Denial in Capital Murder for Lack of Prejudice Introduction The case of Leslie Dale Martin v. Burl Cain examines the intricate...

Scope of Appellate Jurisdiction in Qualified Immunity Cases: Insights from Bazan v. Hidalgo County

Date: Mar 28, 2001

Scope of Appellate Jurisdiction in Qualified Immunity Cases: Insights from Bazan v. Hidalgo County Introduction Bazan v. Hidalgo County, 246 F.3d 481 (5th Cir. 2001), is a significant appellate...

Jones Act Claims Require Physical Injury: Insights from Martinez v. Bally's Louisiana

Date: Mar 27, 2001

Jones Act Claims Require Physical Injury: Insights from Martinez v. Bally's Louisiana Introduction The case of Toni Martinez v. Bally's Louisiana, Inc. serves as a pivotal reference in understanding...

Establishing the Implicit Representation of Intent to Pay in Credit Card Transactions: ATT Universal Card Services v. Mercer

Date: Mar 24, 2001

Establishing the Implicit Representation of Intent to Pay in Credit Card Transactions: ATT Universal Card Services v. Mercer Introduction The case of ATT Universal Card Services v. Constance P....

Taita Chemical Co. Ltd. v. Westlake Styrene Corp.: Affirmation and Reversal of Summary Judgments in Contractual Pricing Disputes

Date: Mar 24, 2001

Taita Chemical Co. Ltd. v. Westlake Styrene Corp.: Affirmation and Reversal of Summary Judgments in Contractual Pricing Disputes Introduction The case of Taita Chemical Company, Ltd. v. Westlake...

Retaliation Claims Survive Summary Judgment in Employment Discrimination Case: Evans v. City of Houston

Date: Mar 22, 2001

Retaliation Claims Survive Summary Judgment in Employment Discrimination Case: Evans v. City of Houston Introduction Evans v. City of Houston is a pivotal case adjudicated by the United States Court...

Reaffirmation of Evidentiary Requirements for FCRA Violations: A Comprehensive Analysis of Cousin v. Trans Union Corp.

Date: Mar 22, 2001

Reaffirmation of Evidentiary Requirements for FCRA Violations: A Comprehensive Analysis of Cousin v. Trans Union Corp. Case: Terry COUSIN, Plaintiff-Appellee, v. TRANS UNION CORPORATION,...

Defining 'Qualified Individual' Under the ADA and Damages Limitations: Analysis of Giles v. General Electric Company

Date: Mar 20, 2001

Defining 'Qualified Individual' Under the ADA and Damages Limitations: Analysis of Giles v. General Electric Company Introduction Giles v. General Electric Company, 245 F.3d 474 (5th Cir. 2001), is a...

Clarifying Qualified Immunity Standards in §1983 Detainee Medical Care Claims: Thompson v. Upshur County

Date: Mar 16, 2001

Clarifying Qualified Immunity Standards in §1983 Detainee Medical Care Claims: Thompson v. Upshur County 1. Introduction In the case of Betty THOMPSON; Donald Thompson v. UPSHUR COUNTY, TX; et al....

Proper Filing of State Post-Conviction Motions to Toll AEDPA's One-Year Limitations: Emerson v. Johnson

Date: Mar 16, 2001

Proper Filing of State Post-Conviction Motions to Toll AEDPA's One-Year Limitations: Emerson v. Johnson Introduction The case of Christopher J. Emerson v. Gary L. Johnson, decided by the United...

Clarifying the EX PARTE YOUNG Exception: Fifth Circuit Affirms Eleventh Amendment Immunity in Louisiana's Abortion Liability Statute

Date: Mar 13, 2001

Clarifying the EX PARTE YOUNG Exception: Fifth Circuit Affirms Eleventh Amendment Immunity in Louisiana's Abortion Liability Statute Introduction In the landmark case Ifeanyi Charles Anthony Okpalobi...

Overriding Procedural Default in Brady Claims: An Analysis of Finley v. Johnson

Date: Mar 9, 2001

Overriding Procedural Default in Brady Claims: An Analysis of Finley v. Johnson Introduction Finley v. Johnson, 243 F.3d 215 (5th Cir. 2001), is a pivotal case that addresses the intersection of...

Federal Habeas Corpus Jurisdiction Limited to District of Incarceration: Lee v. Wetzel Analysis

Date: Mar 8, 2001

Federal Habeas Corpus Jurisdiction Limited to District of Incarceration: Lee v. Wetzel Analysis Introduction Henry Lee, Sr. v. Monica Wetzel, 244 F.3d 370 (5th Cir. 2001), is a pivotal case that...

Reversing Heck: Fifth Circuit Allows §1983 Claims Post-Conviction Reversal

Date: Mar 7, 2001

Reversing Heck: Fifth Circuit Allows §1983 Claims Post-Conviction Reversal Introduction In Louis James Clay, Jr. v. Mon Cree Allen; Mary R. Thompson, 242 F.3d 679 (5th Cir. 2001), the United States...

Transfer of Venue under 28 U.S.C. §1404: Comprehensive Analysis of Hanby v. Shell Oil Co.

Date: Mar 6, 2001

Transfer of Venue under 28 U.S.C. §1404: Comprehensive Analysis of Hanby v. Shell Oil Co. Introduction The case of John Hanby and Hanby Environmental Laboratory Procedures, Inc. (HELP) v. Shell Oil...