5th Circuit Case Commentaries

Papa John's Slogan Misleading: A Landmark False Advertising Ruling under the Lanham Act

Date: Sep 20, 2000

Papa John's Slogan Misleading: A Landmark False Advertising Ruling under the Lanham Act Introduction The legal battle between Pizza Hut, Inc. and Papa John’s International, Inc. centered on a false...

Applying Abstraction-Filtration to Copyright Claims in Computer Software: CMAC v. deCastro

Date: Sep 19, 2000

Applying Abstraction-Filtration to Copyright Claims in Computer Software: CMAC v. deCastro Case Analysis Introduction The case of Computer Management Assistance Company (CMAC) v. Robert F. deCastro,...

Kinder v. Purdy: Clarifying the Scope of §2241 and §2255 Habeas Corpus Petitions

Date: Sep 15, 2000

Kinder v. Purdy: Clarifying the Scope of §2241 and §2255 Habeas Corpus Petitions Introduction In the case of David Kinder v. Michael A. Purdy, adjudicated by the United States Court of Appeals for...

Concurrent Sentencing in Federal and State Court: Insights from Montoya v. Johnson

Date: Sep 15, 2000

Concurrent Sentencing in Federal and State Court: Insights from Montoya v. Johnson Introduction The case of Jesse Montoya v. Gary L. Johnson, decided by the United States Court of Appeals for the...

Standing and Attorneys’ Fees in Contractual Disputes: Kona Technology Corp. v. Southern Pacific Transportation Co.

Date: Sep 14, 2000

Standing and Attorneys’ Fees in Contractual Disputes: Kona Technology Corp. v. Southern Pacific Transportation Co. Introduction The case of Kona Technology Corp. v. Southern Pacific Transportation...

Strict Standards for Certificate of Appealability under AEDPA: Insights from Clark v. Johnson

Date: Sep 13, 2000

Strict Standards for Certificate of Appealability under AEDPA: Insights from Clark v. Johnson Introduction James Lee Clark, a death row inmate, challenged his conviction and sentence in the case...

Revival Exception in Diversity Removal: Johnson v. Heublein Inc.

Date: Sep 8, 2000

Revival Exception in Diversity Removal: Johnson v. Heublein Inc. Introduction In the landmark case Louis Johnson et al. v. Heublein Inc. et al., adjudicated by the United States Court of Appeals for...

Clarifying the Apportionment of Damages under the Deceptive Trade Practices Act in Legal Malpractice: Insights from Streber v. Hunter et al.

Date: Sep 2, 2000

Clarifying the Apportionment of Damages under the Deceptive Trade Practices Act in Legal Malpractice: Insights from Streber v. Hunter et al. Introduction Streber v. Hunter et al., 221 F.3d 701 (5th...

Limitation of Third-Party Beneficiary Rights in Contracts: Insights from Collins v. Morgan Stanley

Date: Sep 1, 2000

Limitation of Third-Party Beneficiary Rights in Contracts: Insights from Collins v. Morgan Stanley Introduction In the case of Collins v. Morgan Stanley Dean Witter, the United States Court of...

Affirming Commingling Principles in Money Laundering Convictions: The United States v. Tony Davis Decision

Date: Aug 30, 2000

Affirming Commingling Principles in Money Laundering Convictions: The United States v. Tony Davis Decision Introduction In the landmark case of United States of America v. Tony Davis, 226 F.3d 346...

Reaffirmation of Fourth Amendment Protections in Warrantless Searches: United States v. Vega and Izquierdo

Date: Aug 26, 2000

Reaffirmation of Fourth Amendment Protections in Warrantless Searches: United States v. Vega and Izquierdo Introduction The case of United States of America v. Jose Ramon Vega and Reinaldo Sanchez...

Strict Standards for Certificate of Appealability in Capital Cases: Moore v. Johnson

Date: Aug 24, 2000

Strict Standards for Certificate of Appealability in Capital Cases: Moore v. Johnson Introduction Michael Patrick Moore v. Gary L. Johnson is a pivotal case adjudicated by the United States Court of...

Knox v. Johnson: Upholding AEDPA's Strict Deference to State Court Findings in Habeas Corpus Petitions

Date: Aug 22, 2000

Knox v. Johnson: Upholding AEDPA's Strict Deference to State Court Findings in Habeas Corpus Petitions Introduction In the case of James Roy Knox v. Gary L. Johnson, the United States Court of...

Expansion of WARN Act’s Plant Closing Definition and Veil Piercing Standards for LLCs Under Louisiana Law: Hollowell v. Orleans Regional Hospital LLC

Date: Aug 22, 2000

Expansion of WARN Act’s Plant Closing Definition and Veil Piercing Standards for LLCs Under Louisiana Law: Hollowell v. Orleans Regional Hospital LLC Introduction Hollowell v. Orleans Regional...

Clarifying Timely Removal and Fraudulent Joinder in Diversity Jurisdiction: Insights from Badon v. RJR Nabisco Inc.

Date: Aug 19, 2000

Clarifying Timely Removal and Fraudulent Joinder in Diversity Jurisdiction: Insights from Badon v. RJR Nabisco Inc. Introduction In the landmark case Badon v. RJR Nabisco Inc., heard by the United...

Res Judicata and RICO Claims: Analyzing St. Paul Mercury Insurance Co. v. Williamson et al.

Date: Aug 18, 2000

Res Judicata and RICO Claims: Analyzing St. Paul Mercury Insurance Co. v. Williamson et al. Introduction The case of St. Paul Mercury Insurance Co. v. Williamson et al., adjudicated by the United...

Establishing Liability for Environmental Damage under Canal Servitude Agreements: The St. Martin v. Mobil Exploration Producing U.S. Inc. Decision

Date: Aug 17, 2000

Establishing Liability for Environmental Damage under Canal Servitude Agreements: The St. Martin v. Mobil Exploration Producing U.S. Inc. Decision Introduction The case of Michael X. St. Martin and...

Protecting Employee Speech on Public Safety: The Landmark Decision in Kennedy v. Tangipahoa Parish Library Board

Date: Aug 16, 2000

Protecting Employee Speech on Public Safety: The Landmark Decision in Kennedy v. Tangipahoa Parish Library Board Introduction In the landmark case of Donna Kennedy v. Tangipahoa Parish Library Board...

Establishing Municipal Liability for Police Failure to Train under §1983: Insights from Brown v. Bryan County

Date: Aug 9, 2000

Establishing Municipal Liability for Police Failure to Train under §1983: Insights from Brown v. Bryan County Introduction In the landmark case of Jill BROWN v. BRYAN COUNTY, OKlahoma et al., the...

Establishing Duty of Care in Maritime Contractual Relationships: Canal Barge Company, Inc. v. Torco Oil Company

Date: Aug 9, 2000

Establishing Duty of Care in Maritime Contractual Relationships Introduction The case of Canal Barge Company, Inc. v. Torco Oil Company; Gulfstream Trading, Ltd. Company (220 F.3d 370) adjudicated by...