5th Circuit Case Commentaries

Qualified Immunity in § 1983 Malicious Prosecution: Insights from Piazza v. Mayne

Date: Jun 30, 2000

Qualified Immunity in § 1983 Malicious Prosecution: Insights from Piazza v. Mayne Introduction Piazza v. Mayne, 217 F.3d 239 (5th Cir. 2000), addresses the complex interplay between malicious...

Balancing Trademark Rights and First Amendment Protections in Magazine Titles: Westchester Media v. PRL USA Holdings

Date: Jun 28, 2000

Balancing Trademark Rights and First Amendment Protections in Magazine Titles: Westchester Media v. PRL USA Holdings Introduction The case of Westchester Media; Navasota Holding Co., L.L.C. v. PRL...

Affirmation of ERISA Preemption: Clancy v. Employers Health Insurance Co. Reinforces Exclusive Remedy Principle Under §502(a)

Date: Jun 27, 2000

Affirmation of ERISA Preemption: Clancy v. Employers Health Insurance Co. Reinforces Exclusive Remedy Principle Under §502(a) Introduction In Shawn S. Clancy v. Employers Health Insurance Company,...

Limited Preemption of State Law Claims under Pilot Records Sharing Act: JOHNSON v. BAYLOR UNIVERSITY

Date: Jun 23, 2000

Limited Preemption of State Law Claims under Pilot Records Sharing Act: JOHNSON v. BAYLOR UNIVERSITY Introduction Vernon G. JOHNSON v. BAYLOR UNIVERSITY, 214 F.3d 630 (5th Cir. 2000), addresses the...

ERISA Compliance and Timely Claim Filing Upheld in Bratton v. National Union Fire Insurance Company

Date: Jun 21, 2000

ERISA Compliance and Timely Claim Filing Upheld in Bratton v. National Union Fire Insurance Company Introduction The case of Estate of Larry M. Bratton v. National Union Fire Insurance Company of...

State Habeas Applications Toll AEDPA Limitation Period: Dilworth v. Johnson

Date: Jun 20, 2000

State Habeas Applications Toll AEDPA Limitation Period: Dilworth v. Johnson Introduction Rodney James Dilworth v. Gary L. Johnson is a pivotal case adjudicated by the United States Court of Appeals...

Qualified Immunity in § 1983 Claims: Mendenhall v. Riser (2000)

Date: Jun 20, 2000

Qualified Immunity in § 1983 Claims: Mendenhall v. Riser (2000) 1. Introduction Mendenhall v. Riser, 213 F.3d 226 (5th Cir. 2000), is a significant appellate decision addressing the doctrine of...

Hernandez v. Texas Department of Criminal Justice: Establishing Standards for Certificate of Appealability in Death Penalty Cases

Date: Jun 17, 2000

Hernandez v. Texas Department of Criminal Justice: Establishing Standards for Certificate of Appealability in Death Penalty Cases Introduction Hernandez v. Texas Department of Criminal Justice, 213...

Limited Estoppel Remedy Recognized for Failure to Exhaust Administrative Remedies in ERISA Claims: Bourgeois v. Sante Fe International Corporation

Date: Jun 15, 2000

Limited Estoppel Remedy Recognized for Failure to Exhaust Administrative Remedies in ERISA Claims: Bourgeois v. Sante Fe International Corporation Introduction Bourgeois v. Sante Fe International...

Establishing Precedent for Hostile Work Environment Claims in Race Discrimination Cases

Date: Jun 14, 2000

Establishing Precedent for Hostile Work Environment Claims in Race Discrimination Cases Introduction The case of Stephanie Walker and Nyree Preston v. Cheryl Thompson, Don Kingston, and Glasfloss...

Affirmation of Sentencing Under U.S. Sentencing Guidelines in United States v. Thames

Date: Jun 14, 2000

Affirmation of Sentencing Under U.S. Sentencing Guidelines in United States of America v. Thames Introduction Case Citation: United States of America v. Michael Anthony Thames, 214 F.3d 608 (5th Cir....

Ripeness and Substantive Due Process in Federal Takings Claims: Analysis of The John Corporation v. City of Houston

Date: Jun 13, 2000

Ripeness and Substantive Due Process in Federal Takings Claims: Analysis of The John Corporation v. City of Houston Introduction The case of The John Corporation; US Vanguard Ltd Inc v. The City of...

Affirmation of Summary Judgment in Supervisor Sexual Harassment Case Under Title VII

Date: Jun 13, 2000

Affirmation of Summary Judgment in Supervisor Sexual Harassment Case Under Title VII Introduction The case of James P. Casiano v. AT&T Corporation addresses pivotal issues surrounding supervisor...

Establishing MSHA's Jurisdiction Over Alumina Production Facilities: In Re: Kaiser Aluminum and Chemical Company

Date: Jun 13, 2000

Establishing MSHA's Jurisdiction Over Alumina Production Facilities: In Re: Kaiser Aluminum and Chemical Company Introduction The case of In Re: Kaiser Aluminum and Chemical Company addresses the...

Establishing Ripeness in Declaratory Judgments: OCAI v. Wolfe Sets New Precedent

Date: Jun 10, 2000

Establishing Ripeness in Declaratory Judgments: OCAI v. Wolfe Sets New Precedent Introduction The case of ORIX CREDIT ALLIANCE, INC. v. FRANK A. WOLFE, JR. and LEXIE D. WOLFE, reported in 212 F.3d...

Distinguishing Legislative Immunity from Administrative Actions in Zoning Disputes: Bryan v. City of Madison

Date: Jun 10, 2000

Distinguishing Legislative Immunity from Administrative Actions in Zoning Disputes: Bryan v. City of Madison Introduction Steve Bryan v. The City of Madison, Mississippi is a significant case...

Amendment of Pleadings to Establish Diversity Jurisdiction: Whitmire v. Victus Limited

Date: Jun 3, 2000

Amendment of Pleadings to Establish Diversity Jurisdiction: Whitmire v. Victus Limited Introduction In Paula Jo Whitmire v. Victus Limited T/A Master Design Furniture, 212 F.3d 885 (5th Cir. 2000),...

Establishing Intentional Discrimination under Title IX: The Beth Pederson Case

Date: Jun 2, 2000

Establishing Intentional Discrimination under Title IX: The Beth Pederson Case 1. Introduction In the landmark appellate decision Beth Pederson; Lisa Ollar; Samantha Clark, Indi v. Louisiana State...

Strict Standards for Anecdotal Evidence in Age Discrimination Claims: Wyvill v. United Companies

Date: Jun 1, 2000

Strict Standards for Anecdotal Evidence in Age Discrimination Claims: Wyvill v. United Companies Introduction The case of Wyvill v. United Companies serves as a pivotal example in the realm of...

FSIA Immunity and Corporate Jurisdiction: A Comprehensive Commentary on Kelly v. Syria Shell Petroleum Development B.V. et al.

Date: Jun 1, 2000

FSIA Immunity and Corporate Jurisdiction: A Comprehensive Commentary on Kelly v. Syria Shell Petroleum Development B.V. et al. Introduction The landmark case Kelly v. Syria Shell Petroleum...