5th Circuit Case Commentaries

Accrual Rules for Civil RICO Claims: Insights from Love v. National Medical Enterprises

Date: Nov 18, 2000

Accrual Rules for Civil RICO Claims: Insights from Love v. National Medical Enterprises Introduction In the landmark case Justin Love et al. v. National Medical Enterprises, Inc., the United States...

Indirect Ownership Suffices for Foreign State Status under FSIA in Removal Proceedings: A Comprehensive Commentary on Delgado et al.

Date: Nov 17, 2000

Indirect Ownership Suffices for Foreign State Status under FSIA in Removal Proceedings: A Comprehensive Commentary on Delgado et al. Introduction The case of Franklin Rodriguez DELGADO, et al. versus...

Limitation on Absolute Quasi-Judicial Immunity in Official-Capacity §1983 Actions

Date: Nov 16, 2000

Limitation on Absolute Quasi-Judicial Immunity in Official-Capacity §1983 Actions Introduction In the landmark case Daniel Turner v. Houma Municipal Fire and Police Civil Service Board, the United...

EPA's PCB Mega Rule Upheld with Partial Remands: Judicial Interpretation under TSCA

Date: Nov 14, 2000

EPA's PCB Mega Rule Upheld with Partial Remands: Judicial Interpretation under TSCA Introduction In the landmark case of CENTRAL AND SOUTH WEST SERVICES, INC.; ENTERGY SERVICES INC.; MISSISSIPPI...

Limiting the Scope of Rule 23(b)(2) Class Certification: Insights from Bolin v. Sears, Roebuck Co.

Date: Oct 28, 2000

Limiting the Scope of Rule 23(b)(2) Class Certification: Insights from Bolin v. Sears, Roebuck Co. Introduction Bolin v. Sears, Roebuck Co., 231 F.3d 970 (5th Cir. 2000), is a pivotal case...

Environmental Impact Assessment in Flood Control Projects: Insights from Mississippi River Basin Alliance v. U.S. Army Corps of Engineers

Date: Oct 24, 2000

Environmental Impact Assessment in Flood Control Projects: Insights from Mississippi River Basin Alliance v. U.S. Army Corps of Engineers Introduction The case of Mississippi River Basin Alliance;...

Fifth Circuit's Interpretation of Apprendi in Sentencing Factors: United States v. Lamont E. Keith

Date: Oct 18, 2000

Fifth Circuit's Interpretation of Apprendi in Sentencing Factors: United States v. Lamont E. Keith Introduction The case of United States v. Lamont E. Keith (230 F.3d 784) presents a significant...

Establishing the Threshold for Certificate of Appealability in Federal Habeas Corpus Review under AEDPA: Dowthitt v. Johnson

Date: Oct 17, 2000

Establishing the Threshold for Certificate of Appealability in Federal Habeas Corpus Review under AEDPA: Dowthitt v. Johnson Introduction Dennis Thurl Dowthitt, a Texas death row inmate, appealed the...

Addo v. Globe Life: Clarifying Timeliness for Removal under 28 U.S.C. §1446(b)

Date: Oct 17, 2000

Addo v. Globe Life: Clarifying Timeliness for Removal under 28 U.S.C. §1446(b) Introduction In the landmark case of Alice Addo v. Globe Life and Accident Insurance Company, the United States Court of...

Ineffective Assistance of Counsel in Capital Sentencing: Analysis of Lockett v. Anderson

Date: Oct 14, 2000

Ineffective Assistance of Counsel in Capital Sentencing: Analysis of Lockett v. Anderson, 230 F.3d 695 Introduction Carl Daniel Lockett v. James V. Anderson, adjudicated by the United States Court of...

Affirmation of BOP's Discretion in Early Release Decisions: Warren v. Miles

Date: Oct 14, 2000

Affirmation of BOP's Discretion in Early Release Decisions: Warren v. Miles Comprehensive Commentary on Michael A. Warren, Petitioner-Appellant, v. R.D. Miles, Warden, Federal Correction Institute at...

Limits on Brady Obligations in the Context of Alford Guilty Pleas

Date: Oct 12, 2000

Limits on Brady Obligations in the Context of Alford Guilty Pleas Introduction The case of Chieno Orman v. Burl Cain, adjudicated by the United States Court of Appeals for the Fifth Circuit on...

Apprendi v. United States: Redefining Sentencing Factors in Drug Offenses

Date: Oct 7, 2000

Apprendi v. United States: Redefining Sentencing Factors in Drug Offenses Introduction The case of United States of America v. Rodney Sloan Doggett and Dunois "Dee" T. Beman represents a pivotal...

Substantial Evidence and Expert Testimony in SSA Disability Determinations: Carey v. Apfel Sets Key Precedent

Date: Oct 6, 2000

Substantial Evidence and Expert Testimony in SSA Disability Determinations: Carey v. Apfel Sets Key Precedent Introduction George A. Carey filed an appeal against the Commissioner of Social Security,...

Comprehensive Choice of Law Essential for Class Certification: Insights from Spence v. Glock

Date: Oct 6, 2000

Comprehensive Choice of Law Essential for Class Certification: Insights from Spence v. Glock Introduction The case of Stan Spence, Individually and on behalf of others similarly situated; William...

Qualified Immunity and Deliberate Indifference in Pretrial Detainee Suicide: Comprehensive Analysis of Jacobs v. West Feliciana Sheriff's Department

Date: Oct 3, 2000

Qualified Immunity and Deliberate Indifference in Pretrial Detainee Suicide: Comprehensive Analysis of Jacobs v. West Feliciana Sheriff's Department Introduction The case of Sheila Stockstill Jacobs...

Amount in Controversy and Aggregation of Damages: Fifth Circuit Sets New Precedent

Date: Sep 28, 2000

Amount in Controversy and Aggregation of Damages: Fifth Circuit Sets New Precedent Introduction The case of H D Tire and Automotive-Hardware, Inc., et al. v. Pitney Bowes Inc., et al., adjudicated by...

Affirming Qualified Immunity for Officers in §1983 Excessive Force and Medical Negligence Claims: Wagner v. Bay City

Date: Sep 28, 2000

Affirming Qualified Immunity for Officers in §1983 Excessive Force and Medical Negligence Claims: Wagner v. Bay City Introduction In Wagner v. Bay City, Texas, the United States Court of Appeals for...

Affirmation of Civil Contempt and Compensatory Damages in Labor Dispute: American Airlines v. Allied Pilots Association

Date: Sep 23, 2000

Affirmation of Civil Contempt and Compensatory Damages in Labor Dispute: American Airlines v. Allied Pilots Association Introduction The case of American Airlines, Inc. v. Allied Pilots Association,...

Battle v. Memorial Hospital: Fifth Circuit Expands Admissibility of Expert Depositions and Reaffirms EMTALA Obligations for Hospitals

Date: Sep 21, 2000

Battle v. Memorial Hospital: Fifth Circuit Expands Admissibility of Expert Depositions and Reaffirms EMTALA Obligations for Hospitals Introduction Battle v. Memorial Hospital at Gulfport is a...