5th Circuit Case Commentaries

Ward v. Bechtel: Affirming Summary Judgment in Title VII and Tort Claims

Date: Jan 3, 1997

Ward v. Bechtel: Affirming Summary Judgment in Title VII and Tort Claims Introduction Ward v. Bechtel Corporation, 102 F.3d 199 (5th Cir. 1997), involves Diana Ward, an African-American female...

Reaffirming Daubert Standards: Exclusion of EtO Expert Testimony in Toxic Tort Litigation

Date: Jan 1, 1997

Reaffirming Daubert Standards: Exclusion of EtO Expert Testimony in Toxic Tort Litigation Introduction The case of Allen v. American Sterilizers Company (102 F.3d 194, 5th Cir. 1996) presents a...

Application of PLRA's In Forma Pauperis "Three Strikes" Rule: Adepegba v. Hammons

Date: Jan 1, 1997

Application of PLRA's In Forma Pauperis "Three Strikes" Rule: Adepegba v. Hammons Introduction Valentino B. Adepegba, a Nigerian citizen and federal prisoner, initiated a civil rights action against...

Support for Local Zoning Authority in Regulating Manufactured Housing: Fifth Circuit Upholds Preemption and Commerce Clauses

Date: Dec 27, 1996

Support for Local Zoning Authority in Regulating Manufactured Housing: Fifth Circuit Upholds Preemption and Commerce Clauses Introduction The case of TEXAS MANUFACTURED HOUSING ASSOCIATION, INC.;...

Affirmation of Dismissals and Rejection of Strict Liability in Doddy v. Oxy et al.

Date: Dec 19, 1996

Affirmation of Dismissals and Rejection of Strict Liability in Doddy v. Oxy et al. Introduction In Robin Ray Doddy; Jeanette W. Doddy, Plaintiffs-Appellants, v. Oxy USA, Inc.; Occidental Petroleum...

Enhanced Procedures for Service of Process in In Forma Pauperis Cases: Lindsey v. United States Railroad Retirement Board

Date: Dec 19, 1996

Enhanced Procedures for Service of Process in In Forma Pauperis Cases: Lindsey v. United States Railroad Retirement Board Introduction Bobby Lee Lindsey v. United States Railroad Retirement Board,...

Establishing the Pretext Standard in Title VII Discrimination Cases: Analysis of Grimes v. Texas Department of Mental Health and Mental Retardation

Date: Dec 14, 1996

Establishing the Pretext Standard in Title VII Discrimination Cases: Analysis of Grimes v. Texas Department of Mental Health and Mental Retardation Introduction The case of Willie Bea Grimes v. Texas...

Reaffirming Objective Reasonableness in Excessive Force Claims: Insights from Ikerd v. Blair et al.

Date: Dec 13, 1996

Reaffirming Objective Reasonableness in Excessive Force Claims: Insights from Ikerd v. Blair et al. Introduction Ikerd v. Blair et al. (101 F.3d 430, 5th Cir. 1996) serves as a pivotal case in the...

Revised In Forma Pauperis Procedures Under the Prison Litigation Reform Act: Jackson v. Stinnett et al.

Date: Dec 12, 1996

Revised In Forma Pauperis Procedures Under the Prison Litigation Reform Act: Jackson v. Stinnett et al. Introduction Case: IRA JACKSON, JR, PLAINTIFF-APPELLANT, v. JOHN STINNETT; KENT RAMSEY;...

Issue Preclusion of State Court Sanctioning Judgments in Bankruptcy Discharge Proceedings: Gober v. Terra+ Corp.

Date: Dec 11, 1996

Issue Preclusion of State Court Sanctioning Judgments in Bankruptcy Discharge Proceedings: Gober v. Terra+ Corp. Introduction Gober v. Terra+ Corporation is a pivotal case decided by the United...

Individual Impact of Rule 11 Violations on Guilty Pleas: Insights from Still v. USA

Date: Dec 11, 1996

Individual Impact of Rule 11 Violations on Guilty Pleas: Insights from Still v. USA Introduction In United States of America v. Byron Still, 102 F.3d 118 (5th Cir. 1996), the United States Court of...

EEOC v. Texas Instruments: Affirming Summary Judgment and Clarifying the Role of Statistical and Procedural Evidence in Age Discrimination Claims

Date: Dec 11, 1996

EEOC v. Texas Instruments: Affirming Summary Judgment and Clarifying the Role of Statistical and Procedural Evidence in Age Discrimination Claims Introduction In the landmark case Equal Employment...

Summary Judgment Standards in In Forma Pauperis Cases: Bookman v. Dallas Police Officers

Date: Nov 22, 1996

Summary Judgment Standards in In Forma Pauperis Cases: Bookman v. Dallas Police Officers Introduction In the landmark case of Angela Lashone Bookman v. Dallas Police Officers, the United States...

Affirmation of Continuing Criminal Enterprise Standards and Jury Impartiality Protections in Sotelo et al. v. USA

Date: Nov 21, 1996

Affirmation of Continuing Criminal Enterprise Standards and Jury Impartiality Protections in Sotelo et al. v. USA Introduction Sotelo et al. v. United States, 97 F.3d 782 (5th Cir. 1996), is a...

Application of Lodestar Method in Attorney Fee Awards Reversed: Riley v. American Family Radio

Date: Nov 20, 1996

Application of Lodestar Method in Attorney Fee Awards Reversed: Riley v. American Family Radio Introduction The case of Riley v. American Family Radio ([99 F.3d...

Enhancing Fee Awards in Desegregation Litigation: Insights from Walker et al. v. U.S. Department of Housing and Urban Development

Date: Nov 20, 1996

Enhancing Fee Awards in Desegregation Litigation: Insights from Walker et al. v. U.S. Department of Housing and Urban Development Introduction The case of Debra Walker, et al. v. U.S. Department of...

Fraudulent Joinder and Diversity Jurisdiction: Analyzing Sid Richardson Carbon Gasoline Co. v. Interenergy Resources, Ltd.

Date: Nov 16, 1996

Fraudulent Joinder and Diversity Jurisdiction: Analyzing Sid Richardson Carbon Gasoline Co. v. Interenergy Resources, Ltd. Introduction The case of Sid Richardson Carbon Gasoline Company ("Sid...

Contract Formation and Sanctions: Analysis of Scaife Flight Operations v. Associated Air Center Inc.

Date: Nov 15, 1996

Contract Formation and Sanctions: Analysis of Scaife Flight Operations v. Associated Air Center Inc. Introduction The case of Richard M. Scaife, doing business as Scaife Flight Operations;...

Binding Nature of Employment Discrimination Settlements: Insights from Jackson v. Air Force

Date: Nov 15, 1996

Binding Nature of Employment Discrimination Settlements: Insights from Jackson v. Air Force Introduction Jackson v. Air Force, 99 F.3d 710 (5th Cir. 1996), is a pivotal case in the realm of...

World Tanker Carriers Corp. v. MV Ya Mawlaya: Affirming Federal Personal Jurisdiction in Admiralty Cases under Rule 4(k)(2)

Date: Nov 15, 1996

World Tanker Carriers Corp. v. MV Ya Mawlaya: Affirming Federal Personal Jurisdiction in Admiralty Cases under Rule 4(k)(2) Introduction In World Tanker Carriers Corp. v. MV Ya Mawlaya, the United...

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