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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

Constructive Discharge and the Duty to Mitigate Damages in Employment Discrimination: Patterson v. P.H.P. Healthcare Corporation

Constructive Discharge and the Duty to Mitigate Damages in Employment Discrimination: Patterson v. P.H.P. Healthcare Corporation

Date: Sep 12, 1996
Constructive Discharge and the Duty to Mitigate Damages in Employment Discrimination: Patterson v. P.H.P. Healthcare Corporation Introduction In the landmark case of Donna Patterson; Nicholas Brown...
Policy-Making Authority in Municipal Liability: Flores v. Cameron County

Policy-Making Authority in Municipal Liability: Flores v. Cameron County

Date: Sep 12, 1996
Policy-Making Authority in Municipal Liability: Flores v. Cameron County Introduction Flores v. Cameron County is a landmark case adjudicated by the United States Court of Appeals for the Fifth...
Successor-In-Interest Liability in Asset Purchase Agreements: Insights from Kaye Butler Oppenheimer v. Prudential Securities Inc.

Successor-In-Interest Liability in Asset Purchase Agreements: Insights from Kaye Butler Oppenheimer v. Prudential Securities Inc.

Date: Sep 7, 1996
Successor-In-Interest Liability in Asset Purchase Agreements: Insights from Kaye Butler Oppenheimer v. Prudential Securities Inc. Introduction The case of Kaye Butler Oppenheimer v. Prudential...
Graham v. Johnson: Reinforcing the Exhaustion Requirement in Federal Habeas Corpus

Graham v. Johnson: Reinforcing the Exhaustion Requirement in Federal Habeas Corpus

Date: Aug 29, 1996
Graham v. Johnson: Reinforcing the Exhaustion Requirement in Federal Habeas Corpus Introduction The case of Gary Graham v. Gary L. Johnson, Director, Texas Department of Criminal Justice,...
Interpretation of Conditional Loan Agreements: Clardy Mfg. Co. v. Marine Midland Business Loans

Interpretation of Conditional Loan Agreements: Clardy Mfg. Co. v. Marine Midland Business Loans

Date: Aug 29, 1996
Interpretation of Conditional Loan Agreements: Clardy Mfg. Co. v. Marine Midland Business Loans Introduction In the case of Clardy Manufacturing Company v. Marine Midland Business Loans Inc., decided...
Intentional Acts by Agents Excluded from Duty to Defend Under "Occurrence" Insurance Policies

Intentional Acts by Agents Excluded from Duty to Defend Under "Occurrence" Insurance Policies

Date: Aug 24, 1996
Intentional Acts by Agents Excluded from Duty to Defend Under "Occurrence" Insurance Policies Introduction In the landmark case New York Life Insurance Company v. The Travelers Insurance Company,...
Establishing Personal Jurisdiction in International Wrongful Death Cases: Felch v. Transportes Lar-Mex

Establishing Personal Jurisdiction in International Wrongful Death Cases: Felch v. Transportes Lar-Mex

Date: Aug 23, 1996
Establishing Personal Jurisdiction in International Wrongful Death Cases: Felch v. Transportes Lar-Mex Introduction In the landmark case of Felch v. Transportes Lar-Mex, the United States Court of...
Limitation of Disability under ADA: Narrow Interpretation of 'Substantially Limiting Impairment'

Limitation of Disability under ADA: Narrow Interpretation of 'Substantially Limiting Impairment'

Date: Aug 23, 1996
Limitation of Disability under ADA: Narrow Interpretation of 'Substantially Limiting Impairment' Introduction The case of Cortez T. Bridges v. City of Bossier addresses critical questions surrounding...
Reversionary Interests and the McKinney Act: Affirmation of Dismissal in House The Homeless, Inc. v. Widnall

Reversionary Interests and the McKinney Act: Affirmation of Dismissal in House The Homeless, Inc. v. Widnall

Date: Aug 22, 1996
Reversionary Interests and the McKinney Act: Affirmation of Dismissal in House The Homeless, Inc. v. Widnall Introduction House The Homeless, Inc., Richard R. Troxell, President, Chris Lyne,...
Affirmation of Capital Murder Conviction in West v. Johnson: Corroboration of Confession and Sufficiency of Evidence

Affirmation of Capital Murder Conviction in West v. Johnson: Corroboration of Confession and Sufficiency of Evidence

Date: Aug 20, 1996
Affirmation of Capital Murder Conviction in West v. Johnson: Corroboration of Confession and Sufficiency of Evidence Introduction In the case of Robert Wallace West, Jr. v. Gary L. Johnson, the...
Admissibility of Associational Evidence in Capital Sentencing: Insights from Boyle v. Johnson, Fifth Circuit

Admissibility of Associational Evidence in Capital Sentencing: Insights from Boyle v. Johnson, Fifth Circuit

Date: Aug 17, 1996
Admissibility of Associational Evidence in Capital Sentencing Insights from Boyle v. Johnson, Fifth Circuit, 1996 Introduction Herbert Boyle v. Gary L. Johnson is a landmark case decided by the...
Retaliatory Transfers and Whistleblower Protections: Insights from Forsyth and Kirks v. City of Dallas

Retaliatory Transfers and Whistleblower Protections: Insights from Forsyth and Kirks v. City of Dallas

Date: Aug 17, 1996
Retaliatory Transfers and Whistleblower Protections: Insights from Forsyth and Kirks v. City of Dallas Introduction The case of Jan Forsyth and Richard Kirks v. City of Dallas, TX, et al. (91 F.3d...
Establishing Causation in Title VII Retaliation Claims: Insights from Long & Reavis v. Eastfield College

Establishing Causation in Title VII Retaliation Claims: Insights from Long & Reavis v. Eastfield College

Date: Aug 16, 1996
Establishing Causation in Title VII Retaliation Claims: Insights from Long & Reavis v. Eastfield College Introduction The case of Fayette Long and Jeanell Reavis v. Eastfield College (88 F.3d 300,...
Strict Procedural Compliance Required for Attorneys' Fees: Analysis of United Industries v. Simon-Hartley

Strict Procedural Compliance Required for Attorneys' Fees: Analysis of United Industries v. Simon-Hartley

Date: Aug 16, 1996
Strict Procedural Compliance Required for Attorneys' Fees: Analysis of United Industries v. Simon-Hartley Introduction United Industries, Inc. v. Simon-Hartley, Ltd. is a landmark case adjudicated by...
Rational Basis Upholding Land Development Regulations: FM Properties v. City of Austin

Rational Basis Upholding Land Development Regulations: FM Properties v. City of Austin

Date: Aug 15, 1996
Rational Basis Upholding Land Development Regulations: FM Properties v. City of Austin Introduction The case of FM Properties Operating Company v. City of Austin before the United States Court of...
Pattern of Racketeering Activity: Limits on RICO Claims Against Media Entities

Pattern of Racketeering Activity: Limits on RICO Claims Against Media Entities

Date: Aug 8, 1996
Pattern of Racketeering Activity: Limits on RICO Claims Against Media Entities Introduction The case of Word of Faith World Outreach Center Church, Inc. v. Capital Cities/ABC Inc. addresses...
Establishing Limits on Retaliation Claims Under the ADEA: Insights from Frank Holt v. JTM Industries

Establishing Limits on Retaliation Claims Under the ADEA: Insights from Frank Holt v. JTM Industries

Date: Aug 8, 1996
Establishing Limits on Retaliation Claims Under the ADEA: Insights from Frank Holt v. JTM Industries Introduction The case of Frank Holt; Linda Holt, Plaintiffs-Appellees, v. JTM Industries, Inc.,...
Affirmation of Age Discrimination Protections Under the ADEA: Woodhouse v. Magnolia Hospital

Affirmation of Age Discrimination Protections Under the ADEA: Woodhouse v. Magnolia Hospital

Date: Aug 7, 1996
Affirmation of Age Discrimination Protections Under the ADEA: Woodhouse v. Magnolia Hospital Introduction In Woodhouse v. Magnolia Hospital, 92 F.3d 248 (5th Cir. 1996), the United States Court of...
OCSLA Jurisdiction Over Maritime Claims: Insights from Tennessee Gas Pipeline v. Houston Casualty Insurance Co.

OCSLA Jurisdiction Over Maritime Claims: Insights from Tennessee Gas Pipeline v. Houston Casualty Insurance Co.

Date: Aug 6, 1996
OCSLA Jurisdiction Over Maritime Claims: Insights from Tennessee Gas Pipeline v. Houston Casualty Insurance Co. Introduction The case Tennessee Gas Pipeline, also known as Tenneco Incorporated,...
Southmark Corp. v. Schulte Roth Zabel: Litigation Costs Recognized as Antecedent Debt under 11 U.S.C. §547

Southmark Corp. v. Schulte Roth Zabel: Litigation Costs Recognized as Antecedent Debt under 11 U.S.C. §547

Date: Aug 2, 1996
Southmark Corp. v. Schulte Roth Zabel: Litigation Costs Recognized as Antecedent Debt under 11 U.S.C. §547 Introduction Southmark Corporation v. Schulte Roth Zabel is a pivotal appellate decision...
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