5th Circuit Case Commentaries

Determining Amount in Controversy for Declaratory Relief in Arbitration Disputes: Webb v. Investacorp, Inc.

Date: Jul 27, 1996

Determining Amount in Controversy for Declaratory Relief in Arbitration Disputes: Webb v. Investacorp, Inc. Introduction The case of Earl Webb; Barbara Webb v. Investacorp, Inc., adjudicated by the...

Clear Notification of Limitations Essential for ADA Accommodation: Taylor v. Principal Financial Group

Date: Jul 26, 1996

Clear Notification of Limitations Essential for ADA Accommodation: Taylor v. Principal Financial Group Introduction In the landmark case Mack W. Taylor, Jr. v. The Principal Financial Group, Inc.,...

Clarifying 'Qualified Individual with Disability' under the ADA: Rogers v. International Marine Terminals

Date: Jul 13, 1996

Clarifying 'Qualified Individual with Disability' under the ADA: Rogers v. International Marine Terminals Introduction In the landmark case Wade E. Rogers v. International Marine Terminals, Inc.,...

Enforcement of Arbitration Clauses in Employment Contracts under FAA and Successor Liability: Rojas v. TK Communications, Inc.

Date: Jul 12, 1996

Enforcement of Arbitration Clauses in Employment Contracts under FAA and Successor Liability: Rojas v. TK Communications, Inc. Introduction The case of Camille Rojas v. TK Communications, Inc., d/b/a...

Personal Jurisdiction Requires Tortious Acts in Forum State: Jobe v. ATR Marketing (1996)

Date: Jul 12, 1996

Personal Jurisdiction Requires Tortious Acts in Forum State: Jobe v. ATR Marketing (1996) Introduction The case of Tony B. Jobe, Assignee of Air New Orleans, Inc. v. ATR Marketing, Inc. and others,...

Clarifying "Commercial Advertising or Promotion" under Lanham Act Section 43(a): Insights from Seven-Up Co. v. Coca-Cola Co.

Date: Jul 9, 1996

Clarifying "Commercial Advertising or Promotion" under Lanham Act Section 43(a): Insights from Seven-Up Co. v. Coca-Cola Co. Introduction The legal landscape surrounding false advertising and unfair...

Nerren v. Livingston PD: Affirming Arrestees' Due Process Rights to Medical Care and Qualified Immunity Limitations

Date: Jul 3, 1996

Nerren v. Livingston PD: Affirming Arrestees' Due Process Rights to Medical Care and Qualified Immunity Limitations Introduction The case of Patrick Neal Nerren v. Livingston Police Department et...

Affirmation of Preliminary Injunction Against Mississippi School Prayer Statute

Date: Jul 3, 1996

Affirmation of Preliminary Injunction Against Mississippi School Prayer Statute Introduction The case of INGEBRETSEN v. JACKSON PUBLIC SCHOOL DISTrict addresses the constitutionality of Mississippi's...

Limiting Inherent Powers: Excessive Civil Contempt Sanctions and Fifth Amendment Protections in the Fifth Circuit

Date: Jul 2, 1996

Limiting Inherent Powers: Excessive Civil Contempt Sanctions and Fifth Amendment Protections in the Fifth Circuit Introduction The case of Natural Gas Pipeline Company of America, et al. v. Energy...

Separate Notice Required for Appellate Review of Rule 60(b) Motion Denials

Date: Jun 29, 1996

Separate Notice Required for Appellate Review of Rule 60(b) Motion Denials Introduction The case of Elroy Williams v. Shirley S. Chater, Commissioner of Social Security, 87 F.3d 702 (5th Cir. 1996),...

LaPierre v. Benson Nissan: Reinforcing the Role of Pretextual Evidence in Racial Discrimination Claims

Date: Jun 28, 1996

LaPierre v. Benson Nissan: Reinforcing the Role of Pretextual Evidence in Racial Discrimination Claims Introduction The case of Freamont A. LaPierre, Plaintiff-Appellant, Randy J. Ungar Associates,...

Fifth Circuit Establishes Duty of Time Charterers and Limits Indemnity Clauses under the Louisiana Oilfield Indemnity Act

Date: Jun 28, 1996

Fifth Circuit Establishes Duty of Time Charterers and Limits Indemnity Clauses under the Louisiana Oilfield Indemnity Act Introduction In the landmark case of Jerry B. Hodgen and Bobby Sue Hodgen v....

Affirmation of Expert Witness Disqualification and Denial of Prejudgment Interest in Koch Refining Co. v. Jennifer L. Boudreaux

Date: Jun 26, 1996

Affirmation of Expert Witness Disqualification and Denial of Prejudgment Interest in Koch Refining Co. v. Jennifer L. Boudreaux Introduction The case of Koch Refining Company, Plaintiff, v. Jennifer...

Establishing Domicile and Diversity Jurisdiction for Dual Citizens: A Comprehensive Analysis of Coury v. Prot

Date: Jun 20, 1996

Establishing Domicile and Diversity Jurisdiction for Dual Citizens: A Comprehensive Analysis of Coury v. Prot Introduction Coury v. Prot, 85 F.3d 244 (5th Cir. 1996), is a pivotal case that addresses...

Establishing § 1983 Liability for Deliberate Indifference in School Hiring and Supervision Practices

Date: Jun 18, 1996

Establishing § 1983 Liability for Deliberate Indifference in School Hiring and Supervision Practices Introduction In the landmark case of John Doe v. Hillsboro Independent School District et al., the...

Affirming the Constitutionality of 18 U.S.C. §922(g)(1) Under the Commerce Clause: Insights from United States v. Rawls

Date: Jun 18, 1996

Affirming the Constitutionality of 18 U.S.C. §922(g)(1) Under the Commerce Clause: Insights from United States v. Rawls Introduction In the landmark case of United States v. Rawls, 85 F.3d 240 (5th...

Personal Jurisdiction in Indemnification Claims: Analysis of Gundle Lining Construction Corp. v. Adams County Asphalt, Inc.

Date: Jun 14, 1996

Personal Jurisdiction in Indemnification Claims: Analysis of Gundle Lining Construction Corp. v. Adams County Asphalt, Inc. Introduction In the landmark case of Gundle Lining Construction Corporation...

Affirmation of Summary Judgment and Substantial Evidence Standard in Medicare Reimbursement Appeals: Girling Health Care, Inc. v. Shalala

Date: Jun 14, 1996

Affirmation of Summary Judgment and Substantial Evidence Standard in Medicare Reimbursement Appeals: Girling Health Care, Inc. v. Shalala Introduction Girling Health Care, Inc., Plaintiff-Appellant,...

Implied Consent in Vehicle Searches: United States v. Jaras Establishes New Standards

Date: Jun 12, 1996

Implied Consent in Vehicle Searches: United States v. Jaras Establishes New Standards Introduction The case of United States of America v. Jose Jaras (86 F.3d 383, Fifth Circuit, 1996) addresses...

Reversing Hostile Work Environment Claims: Insights from Weller v. Citation Oil Gas Corp.

Date: Jun 4, 1996

Reversing Hostile Work Environment Claims: Insights from Weller v. Citation Oil Gas Corp. Introduction Virginia Weller, the plaintiff-appellee, brought a lawsuit against Citation Oil Gas Corporation...

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