5th Circuit Case Commentaries

Fifth Circuit Clarifies Insurer's Duty to Defend and Indemnify under Exclusion Clauses in CANUTILLO v. National Union Fire Insurance Company

Date: Nov 14, 1996

Fifth Circuit Clarifies Insurer's Duty to Defend and Indemnify under Exclusion Clauses in CANUTILLO v. National Union Fire Insurance Company Introduction The case of CANUTILLO Independent School...

Reversal of Firearm Convictions under BAILEY v. UNITED STATES: Comprehensive Analysis of Payne et al. v. United States

Date: Nov 12, 1996

Reversal of Firearm Convictions under BAILEY v. UNITED STATES: Comprehensive Analysis of Payne et al. v. United States Introduction The case United States of America, Plaintiff-Appellee, v. Kenneth...

HECK v. HUMPHREY and Its Implications on Section 1983 Claims Post-Conviction: Analysis of Hudson v. Hughes et al.

Date: Nov 6, 1996

HECK v. HUMPHREY and Its Implications on Section 1983 Claims Post-Conviction: Analysis of Hudson v. Hughes et al. Introduction The case of Keith Hudson v. Yvonne L. Hughes, Attorney; City of New...

Procedural Bar Doctrine in Habeas Corpus: Insights from Martin v. Maxey

Date: Nov 2, 1996

Procedural Bar Doctrine in Habeas Corpus: Insights from Martin v. Maxey Introduction In the landmark case Milton Martin v. Ruble Maxey, 98 F.3d 844 (5th Cir. 1996), the United States Court of Appeals...

Fifth Circuit Establishes New Precedents on Essential Job Functions and Reasonable Accommodations in ADA Litigation: Riel v. Electronic Data Systems Corporation

Date: Nov 2, 1996

Fifth Circuit Establishes New Precedents on Essential Job Functions and Reasonable Accommodations in ADA Litigation: Riel v. Electronic Data Systems Corporation Introduction In the landmark case...

Affirmation of Treasury Regulation Disallowing Section 404(k) Dividends Deduction in AMT Calculations: Snap-Drape, Inc. v. Commissioner

Date: Oct 29, 1996

Affirmation of Treasury Regulation Disallowing Section 404(k) Dividends Deduction in AMT Calculations: Snap-Drape, Inc. v. Commissioner Introduction The case Snap-Drape, Inc. v. Commissioner of...

Pretextual Justifications in Employment Discrimination: Williams v. Time Warner Operations

Date: Oct 26, 1996

Pretextual Justifications in Employment Discrimination: Williams v. Time Warner Operations Introduction Alfred Williams, a Black male employee of Time Warner Operation, Inc., filed a lawsuit alleging...

Clarifying ERISA Jurisdiction and Attorneys' Fees: Bellaire General Hospital v. Blue Cross

Date: Oct 24, 1996

Clarifying ERISA Jurisdiction and Attorneys' Fees: Bellaire General Hospital v. Blue Cross Introduction Bellaire General Hospital (Plaintiff-Appellee) versus Blue Cross Blue Shield of Michigan...

Farpella-Crosby v. Horizon Health Care: Clarifying Standards for Hostile Work Environment and Mental Anguish Damages under Title VII

Date: Oct 22, 1996

Farpella-Crosby v. Horizon Health Care: Clarifying Standards for Hostile Work Environment and Mental Anguish Damages under Title VII Introduction In the landmark case of Farpella-Crosby v. Horizon...

Apportionment of Attorneys' Fees in ERISA Class Actions: Shiver v. J.C. Penney Co.

Date: Oct 18, 1996

Apportionment of Attorneys' Fees in ERISA Class Actions: Shiver v. J.C. Penney Co. Introduction The case of Mary Jane Forbush, Individually and on Behalf of All Other Similarly Situated,...

Absolute Judicial Immunity Extends to Sheriffs Executing Valid Judicial Orders: Analysis of Mays v. Sudderth, et al.

Date: Oct 16, 1996

Absolute Judicial Immunity Extends to Sheriffs Executing Valid Judicial Orders: Analysis of Mays v. Sudderth, et al. Introduction MELISSA V. MAYS, PLAINTIFF-APPELLEE, v. BEN D. SUDDERTH; THOMAS PACK;...

Separation of Federal and State Claims: Eastus v. Blue Bell Creameries Jurisdictional Clarifications

Date: Oct 16, 1996

Separation of Federal and State Claims: Eastus v. Blue Bell Creameries Jurisdictional Clarifications Introduction Eastus v. Blue Bell Creameries, L.P. is a pivotal case decided by the United States...

State Compliance and Due Process in Inmate Trust Account Debits: Myers v. Klevenhagen

Date: Oct 12, 1996

State Compliance and Due Process in Inmate Trust Account Debits: Myers v. Klevenhagen Introduction The case of Myers v. Klevenhagen and Delverne v. Klevenhagen presents a significant examination of...

Interpretation of Eighth Amendment in Mitigating Factors: Drinkard v. Johnson

Date: Oct 8, 1996

Interpretation of Eighth Amendment in Mitigating Factors: Drinkard v. Johnson Introduction Drinkard v. Johnson, adjudicated by the United States Court of Appeals for the Fifth Circuit in 1996,...

Deere Industries Inc. v. Guillory: Affirmation of Workers' Compensation Limits in Products Liability

Date: Sep 28, 1996

Deere Industries Inc. v. Guillory: Affirmation of Workers' Compensation Limits in Products Liability Introduction The case Anthony Guillory, Mary Guillory v. Domtar Industries Incorporated et al. was...

Affirmation of Time-Barred Maintenance and Cure Claim under the Suits in Admiralty Act

Date: Sep 27, 1996

Affirmation of Time-Barred Maintenance and Cure Claim under the Suits in Admiralty Act Introduction The case of Youssery F. Rashidi v. American President Lines, United States of America, and COMET...

Enhanced Sentencing Under 18 U.S.C. §§ 924(c)(1) in the Branch Davidian Case

Date: Sep 26, 1996

Enhanced Sentencing Under 18 U.S.C. §§ 924(c)(1) in the Branch Davidian Case Introduction The case of United States of America v. Branch et al. adjudicated by the United States Court of Appeals for...

Overcoming Procedural Bar through Ineffective Assistance of Counsel in Section 2255 Relief: United States v. Guerra

Date: Sep 26, 1996

Overcoming Procedural Bar through Ineffective Assistance of Counsel in Section 2255 Relief: United States v. Guerra Introduction United States v. Robert Rolando Guerra is a pivotal case adjudicated...

Affirmation of Summary Judgment in Hirras v. Amtrak: Employer's Prompt Remedial Actions Under Title VII

Date: Sep 26, 1996

Affirmation of Summary Judgment in Hirras v. Amtrak: Employer's Prompt Remedial Actions Under Title VII Introduction In Hirras v. National Railroad Passenger Corporation, 95 F.3d 396 (5th Cir. 1996),...

Enforcement of Discovery Orders and Admissibility of Expert Testimony in Summary Judgment: Barrett v. Atlantic Richfield

Date: Sep 20, 1996

Enforcement of Discovery Orders and Admissibility of Expert Testimony in Summary Judgment: Barrett v. Atlantic Richfield Introduction The case of Rosa Ann Barrett, et al. v. Atlantic Richfield...

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