5th Circuit Case Commentaries

Affirmation of Disability Determination Standards in Social Security Claims: Shave v. Apfel

Date: Jan 10, 2001

Affirmation of Disability Determination Standards in Social Security Claims: Shave v. Apfel Introduction Craig A. Shave v. Kenneth S. Apfel, Commissioner of Social Security is a landmark case decided...

Reevaluation of Summary Judgment Standards in Title VII Failure to Promote Claims: Blow v. City of San Antonio

Date: Jan 9, 2001

Reevaluation of Summary Judgment Standards in Title VII Failure to Promote Claims: Blow v. City of San Antonio Introduction Blow v. City of San Antonio, Texas, 236 F.3d 293 (5th Cir. 2001), is a...

Clarifying the Confrontation Clause and Counsel Effectiveness: Insights from GOCHICOA v. JOHNSON

Date: Jan 2, 2001

Clarifying the Confrontation Clause and Counsel Effectiveness: Insights from GOCHICOA v. JOHNSON Introduction GOCHICOA v. JOHNSON, decided by the United States Court of Appeals for the Fifth Circuit...

Jurisdictional Boundaries in Habeas Corpus Petitions: Insights from Wadsworth v. Johnson

Date: Dec 29, 2000

Jurisdictional Boundaries in Habeas Corpus Petitions: Insights from Wadsworth v. Johnson, 235 F.3d 959 Introduction Ronald Lynn Wadsworth, a petitioner incarcerated in Texas, sought habeas corpus...

Fraudulent Joinder in Diversity Removal: Insights from BADON v. RJR NABISCO INC.

Date: Dec 22, 2000

Fraudulent Joinder in Diversity Removal: Insights from BADON v. RJR NABISCO INC., 236 F.3d 282 (5th Cir. 2000) Introduction The case of BADON v. RJR NABISCO INC. represents a pivotal judicial...

Affirmative Action Admissions: Analyzing Hopwood III v. State of Texas

Date: Dec 22, 2000

Affirmative Action Admissions: Analyzing Hopwood III v. State of Texas Introduction Cheryl J. Hopwood et al. v. State of Texas, 236 F.3d 256 (5th Cir. 2000), commonly referred to as Hopwood III, is a...

Substantive Due Process Protects Property Rights: Simi Investment Co. v. Harris County

Date: Dec 22, 2000

Substantive Due Process Protects Property Rights: Simi Investment Co. v. Harris County Introduction In Simi Investment Company, Inc. v. Harris County, Texas, the United States Court of Appeals for...

Kallestad Decision: Affirming Federal Authority over Local Possession of Child Pornography via the Commerce Clause

Date: Dec 20, 2000

Kallestad Decision: Affirming Federal Authority over Local Possession of Child Pornography via the Commerce Clause Introduction The case of United States v. Kallestad, adjudicated by the United...

Establishing Seaman Status under the Jones Act: Endeavor Marine, Inc. v. Baye

Date: Dec 12, 2000

Establishing Seaman Status under the Jones Act: Endeavor Marine, Inc. v. Baye Introduction The case of Endeavor Marine, Inc. and Tako Towing, Inc. v. Kevin M. Baye, Sr. revolves around the critical...

Reversing Summary Judgment in Discrimination Claims: Insights from Evans v. City of Bishop

Date: Dec 12, 2000

Reversing Summary Judgment in Discrimination Claims: Insights from Evans v. City of Bishop Introduction The legal landscape of employment discrimination underwent significant interpretation in the...

Reevaluating Pretextual Evidence in ADEA Claims: Insights from Russell v. McKinney Hospital Venture

Date: Dec 7, 2000

Reevaluating Pretextual Evidence in ADEA Claims: Insights from Russell v. McKinney Hospital Venture Introduction In the landmark case Sandra Russell v. McKinney Hospital Venture, the United States...

Affirmation of Non-Pretextual Justification in Disparate Treatment Claims

Date: Dec 6, 2000

Affirmation of Non-Pretextual Justification in Disparate Treatment Claims Introduction The case of Merlon G. Crawford v. Formosa Plastics Corporation, decided by the United States Court of Appeals...

Qualified Immunity and Equal Protection in Domestic Abuse Claims – SHIPP v. McMAHON

Date: Dec 6, 2000

Qualified Immunity and Equal Protection in Domestic Abuse Claims – SHIPP v. McMAHON Introduction Cherie Shipp and Jerry Gates v. Royce L. McMahon et al. is a landmark case decided by the United...

Determining Amount in Controversy at Removal: Insights from Gebbia v. Wal-Mart Stores, Inc.

Date: Dec 5, 2000

Determining Amount in Controversy at Removal: Insights from Gebbia v. Wal-Mart Stores, Inc. Introduction Gebbia v. Wal-Mart Stores, Inc. is a pivotal case adjudicated by the United States Court of...

Substantive Due Process and Excessive School Corporal Punishment: Moore v. Willis Independent School District

Date: Dec 2, 2000

Substantive Due Process and Excessive School Corporal Punishment: Moore v. Willis Independent School District Introduction In the landmark case of Nancy Moore and Garry Moore As Next Friends of Aaron...

5th Circuit Clarifies Collateral Estoppel and Expands Personal Jurisdiction in Agency Contracts

Date: Nov 30, 2000

5th Circuit Clarifies Collateral Estoppel and Expands Personal Jurisdiction in Agency Contracts Introduction In the case of J.R. Stripling; Rosson Exploration Company; William G. Bowen; Brookhaven...

Consecutive Sentencing and Plea Validity: Insights from United States v. Hernandez

Date: Nov 30, 2000

Consecutive Sentencing and Plea Validity: Insights from United States v. Hernandez Introduction In the landmark case of United States of America v. Viterbo Hernandez, Jr., 234 F.3d 252 (5th Cir....

Strict Interpretation of Exceptions Under the Hague Convention: England v. England

Date: Nov 28, 2000

Strict Interpretation of Exceptions Under the Hague Convention: England v. England Introduction England v. England, 234 F.3d 268 (5th Cir. 2000), is a pivotal decision by the United States Court of...

Commerce Clause Authority in Housing Disabilities: GROOME RESOURCES LTD. v. UNITED STATES of America

Date: Nov 21, 2000

Commerce Clause Authority in Housing Disabilities: GROOME RESOURCES LTD. v. UNITED STATES of America Introduction In the landmark case Groome Resources Ltd., L.L.C. v. Parish of Jefferson, Louisiana,...

Affirmation of At-Will Employment Presumption in Salary Offer Letters

Date: Nov 21, 2000

Affirmation of At-Will Employment Presumption in Salary Offer Letters Introduction The case of Randall K. Hamilton v. Segue Software Inc; Steve Butler addresses crucial aspects of employment law,...