5th Circuit Case Commentaries

Clarifying 'Crime of Violence' in Aggravated Felony Classification: United States v. Chapa-Garza

Date: Mar 2, 2001

Clarifying 'Crime of Violence' in Aggravated Felony Classification: United States v. Chapa-Garza Introduction In United States v. Moises Chapa-Garza, the United States Court of Appeals for the Fifth...

Federal Arbitration Act Supremacy in Admiralty Litigation: Texaco v. AmClyde

Date: Mar 1, 2001

Federal Arbitration Act Supremacy in Admiralty Litigation: Texaco v. AmClyde Introduction The case of TEXACO EXPLORATION AND PRODUCTION COMPANY and Marathon Oil Company v. AmClyde Engineered Products...

Reyes-Requena: Clarifying the Incorporation of §2244 into §2255 and the Application of §2241 as a Savings Clause

Date: Mar 1, 2001

Reyes-Requena: Clarifying the Incorporation of §2244 into §2255 and the Application of §2241 as a Savings Clause Introduction Jose E. Reyes-Requena v. Risto Reyes-Requena is a pivotal case decided by...

Vienna Convention on Consular Relations Fails to Confer Enforceable Private Rights: The Jimenez-Nava Decision

Date: Feb 27, 2001

Vienna Convention on Consular Relations Fails to Confer Enforceable Private Rights: The Jimenez-Nava Decision Introduction The case of UNITED STATES of America v. Alejandro Jimenez-Nava, adjudicated...

Qualified Immunity for Law Enforcement Officers in Arrest and Excessive Force Claims: Analysis of GLENN v. CITY OF TYLER

Date: Feb 23, 2001

Qualified Immunity for Law Enforcement Officers in Arrest and Excessive Force Claims: Analysis of GLENN v. CITY OF TYLER Introduction GLENN v. CITY OF TYLER is a pivotal case adjudicated by the...

Affirmation of Qualified Immunity in Malicious Prosecution Claims: Brown v. Lyford

Date: Feb 21, 2001

Affirmation of Qualified Immunity in Malicious Prosecution Claims: Brown v. Lyford Introduction Brown v. Lyford is a pivotal case adjudicated by the United States Court of Appeals for the Fifth...

Affirmation of Fluctuating Workweek Compliance under FLSA in Samson v. Apollo Resources, Inc.

Date: Feb 21, 2001

Affirmation of Fluctuating Workweek Compliance under FLSA in Samson v. Apollo Resources, Inc. Introduction In the landmark case George C. Samson, et al. v. Apollo Resources, Inc., decided by the...

ADA Disability Definitions and Employer Obligations: Dupre v. Charter Behavioral Health Systems

Date: Feb 17, 2001

ADA Disability Definitions and Employer Obligations: Dupre v. Charter Behavioral Health Systems Introduction Mary Kay Dupre, the plaintiff-appellant, contested her termination from Charter Behavioral...

Enhanced Application of Apprendi in Drug Quantity Determinations: United States v. Garcia Jr.

Date: Feb 16, 2001

Enhanced Application of Apprendi in Drug Quantity Determinations: United States v. Garcia Jr. Introduction United States v. Garcia Jr., 242 F.3d 593 (5th Cir. 2001), is a pivotal case that...

Affirmation of Disciplinary Action Standards in Prisoner Habeas Corpus Review

Date: Feb 16, 2001

Affirmation of Disciplinary Action Standards in Prisoner Habeas Corpus Review Introduction The case of O'Neill Hudson v. Gary L. Johnson addresses the procedural safeguards applicable to prison...

Expansion of Customs-Duty Exception under FTCA Upheld in Jeanmarie v. United States

Date: Feb 16, 2001

Expansion of Customs-Duty Exception under FTCA Upheld in Jeanmarie v. United States Introduction In Jeanmarie v. United States, the United States Court of Appeals for the Fifth Circuit affirmed the...

Procter & Gamble v. Amway: Fifth Circuit Establishes Enhanced Criteria for Commercial Speech and Standing under the Lanham Act

Date: Feb 15, 2001

Procter & Gamble v. Amway: Fifth Circuit Establishes Enhanced Criteria for Commercial Speech and Standing under the Lanham Act Introduction In The PROCTER GAMBLE COMPANY and The Procter Gamble...

Defining Prevailing Party Status Under 42 U.S.C. § 1988: Riser v. Dean, et al.

Date: Feb 14, 2001

Defining Prevailing Party Status Under 42 U.S.C. § 1988: Riser v. Dean, et al. Introduction The case of William D. Dean, Jr., et al. v. Larkin T. Riser addresses a pivotal issue within civil rights...

Standing and Class Certification in Labor Representation: Analysis of BERTULLI et al. v. INDEPENDENT ASSOCIATION OF CONTINENTAL PILOTS et al.

Date: Feb 14, 2001

Standing and Class Certification in Labor Representation: Analysis of BERTULLI et al. v. INDEPENDENT ASSOCIATION OF CONTINENTAL PILOTS et al. Introduction In the early 2000s, a significant case...

Affirmation of Procedural Bars in Federal Habeas Review: Beazley v. Johnson Establishes Standards Under §2254(d)(1)

Date: Feb 10, 2001

Affirmation of Procedural Bars in Federal Habeas Review: Beazley v. Johnson Establishes Standards Under §2254(d)(1) Introduction Napoleon Beazley v. Gary L. Johnson, Director, Texas Department of...

Strict Standards for Deliberate Indifference in Prisoner Medical Care: Analysis of Domino v. Texas Dept. of Corrections

Date: Feb 8, 2001

Strict Standards for Deliberate Indifference in Prisoner Medical Care: Analysis of Domino v. Texas Department of Corrections Introduction The case of Anna Domino et al. v. Texas Department of...

Limits of U.S. Antitrust Jurisdiction over Foreign Conduct under FTAIA: Statoil v. Heeremac

Date: Feb 6, 2001

Limits of U.S. Antitrust Jurisdiction over Foreign Conduct under FTAIA: Statoil v. Heeremac Introduction Den Norske Stats Oljeselskap AS (Statoil), a Norwegian oil company operating exclusively in...

Broadening Jurisdiction Under 18 U.S.C. §1958: Intrastate Use of Interstate Commerce Facilities Constitutes Murder-for-Hire

Date: Feb 3, 2001

Broadening Jurisdiction Under 18 U.S.C. §1958: Intrastate Use of Interstate Commerce Facilities Constitutes Murder-for-Hire Introduction The case of United States of America v. Betty Louise Marek and...

Reinforcing Nondischargeability of Partnership Liability for Partner's Fraud Under §523(a)(2)(A): A Comprehensive Analysis of Deodati v. M.M. Winkler Associates

Date: Feb 2, 2001

Reinforcing Nondischargeability of Partnership Liability for Partner's Fraud Under §523(a)(2)(A) Introduction The case of Bruno Deodati v. M.M. Winkler Associates, Bill Morgan, and Okee McDonald...

Limitations on Employers' Use of Subjective Hiring Criteria in Age Discrimination Litigation: Medina v. Ramsey Steel

Date: Jan 30, 2001

Limitations on Employers' Use of Subjective Hiring Criteria in Age Discrimination Litigation: Medina v. Ramsey Steel Introduction Arturo P. Medina v. Ramsey Steel Company, Inc. is a pivotal case...