5th Circuit Case Commentaries

Ellison v. Software Spectrum: Redefining ADA Disability Standards

Date: May 31, 1996

Ellison v. Software Spectrum: Redefining ADA Disability Standards Introduction Ellison v. Software Spectrum, Inc., 85 F.3d 187 (5th Cir. 1996), is a pivotal case in the interpretation of the...

Establishing Dual Requirements for Dismissal of Indictment Due to Pre-Indictment Delay: Insights from United States v. Crouch III and Frye

Date: May 31, 1996

Establishing Dual Requirements for Dismissal of Indictment Due to Pre-Indictment Delay: Insights from United States v. Crouch III and Frye Introduction The appellate decision in United States of...

Direct Evidence of Disability Discrimination Overrides McDonnell Douglas Framework: Rizzo v. Children’s World Learning Centers

Date: May 25, 1996

Direct Evidence of Disability Discrimination Overrides McDonnell Douglas Framework: Insights from Rizzo v. Children’s World Learning Centers Introduction The case of Victoria Rizzo v. Children's...

Reversal of Class Certification in Castano v. American Tobacco Co.: Implications for Multi-State Mass Tort Litigation

Date: May 24, 1996

Reversal of Class Certification in Castano v. American Tobacco Co.: Implications for Multi-State Mass Tort Litigation Introduction Castano v. American Tobacco Co., reported at 84 F.3d 734 (5th Cir....

Res Judicata as a Barrier to Relitigation: An Analysis of Jones v. Sheehan, Young Culp (1996)

Date: May 21, 1996

Res Judicata as a Barrier to Relitigation: An Analysis of Jones v. Sheehan, Young Culp (1996) Introduction In the landmark case Odell Jones, III and Jones Program Management, Inc. v. Sheehan, Young...

Brooks v. George County: Enhancing Due Process for Pretrial Detainees

Date: May 17, 1996

Brooks v. George County: Enhancing Due Process for Pretrial Detainees Introduction In BROOKS v. GEORGE COUNTY, MISSissippi, the United States Court of Appeals for the Fifth Circuit addressed...

Due Process in Default Judgments: Ensuring Proper Notice for Defendants Who Have Appeared

Date: May 16, 1996

Due Process in Default Judgments: Ensuring Proper Notice for Defendants Who Have Appeared Introduction The case of New York Life Insurance Company v. Alvin J. Brown serves as a pivotal precedent in...

Adequate Notice Requirements in Administrative Forfeiture: Armendariz-Mata v. DEA

Date: May 16, 1996

Adequate Notice Requirements in Administrative Forfeiture: Armendariz-Mata v. DEA Introduction The case of Carlos Armendariz-Mata v. U.S. Department of Justice, Drug Enforcement Administration (82...

Summary Judgment Affirmed in Age Discrimination Case: 'Same Actor' Inference Undermines Pretext Claim

Date: May 14, 1996

Summary Judgment Affirmed in Age Discrimination Case: 'Same Actor' Inference Undermines Pretext Claim Introduction In the case of Donald R. Brown and Robert T. Davis v. CSC Logic, Inc., the...

Assessing Ineffective Assistance of Counsel in Capital Cases: Westley v. Johnson

Date: May 14, 1996

Assessing Ineffective Assistance of Counsel in Capital Cases: Westley v. Johnson Introduction Case: Anthony Ray Westley v. Gary L. Johnson, Director, Texas Department of Criminal Justice,...

Independent and Adequate State Ground Doctrine Affirmed in Moore v. Roberts

Date: May 11, 1996

Independent and Adequate State Ground Doctrine Affirmed in Moore v. Roberts Introduction Moore v. Roberts is a seminal case decided by the United States Court of Appeals for the Fifth Circuit on May...

Recognition of Political Subdivision Immunity in PYCA Industries v. Harrison County Waste Water Management District

Date: May 4, 1996

Recognition of Political Subdivision Immunity in PYCA Industries v. Harrison County Waste Water Management District Introduction The case of PYCA Industries, Inc. v. Harrison County Waste Water...

Affirmation of Preliminary Injunction and the Implications of Copyright Misuse in DSC Communications Corporation v. DGI Technologies, Inc.

Date: May 1, 1996

Affirmation of Preliminary Injunction and the Implications of Copyright Misuse in DSC Communications Corporation v. DGI Technologies, Inc. Introduction DSC Communications Corporation v. DGI...

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5th Circuit Case Commentaries

Ellison v. Software Spectrum: Redefining ADA Disability Standards

Establishing Dual Requirements for Dismissal of Indictment Due to Pre-Indictment Delay: Insights from United States v. Crouch III and Frye

Direct Evidence of Disability Discrimination Overrides McDonnell Douglas Framework: Rizzo v. Children’s World Learning Centers

Reversal of Class Certification in Castano v. American Tobacco Co.: Implications for Multi-State Mass Tort Litigation

Res Judicata as a Barrier to Relitigation: An Analysis of Jones v. Sheehan, Young Culp (1996)

Brooks v. George County: Enhancing Due Process for Pretrial Detainees

Due Process in Default Judgments: Ensuring Proper Notice for Defendants Who Have Appeared

Adequate Notice Requirements in Administrative Forfeiture: Armendariz-Mata v. DEA

Summary Judgment Affirmed in Age Discrimination Case: 'Same Actor' Inference Undermines Pretext Claim

Assessing Ineffective Assistance of Counsel in Capital Cases: Westley v. Johnson

Independent and Adequate State Ground Doctrine Affirmed in Moore v. Roberts

Recognition of Political Subdivision Immunity in PYCA Industries v. Harrison County Waste Water Management District

Affirmation of Preliminary Injunction and the Implications of Copyright Misuse in DSC Communications Corporation v. DGI Technologies, Inc.

Implicit Waiver of Indictment Satisfies Federal Rule of Criminal Procedure 7(b): Analysis of United States v. Gaudet

Affirming Consent in Search Encounters and Upholding 21 U.S.C. §851(e): Analysis of United States v. Gonzales and Muniz

Enforcement of Forum Selection Clauses in Diversity Jurisdiction: Upholding Dismissal under the Bremen Test

Affirmation of Government Contractor Immunity in Product Liability Claims: In Re Air Disaster at Ramstein Air Base

Assessing Actual Conflict of Interest in Ineffective Assistance Claims: United States v. Placente

Affirmation of Summary Judgment in Age Discrimination Case: Nichols v. Loral Vought Systems Corp.

Enhancing Admissibility Standards for Expert Testimony in Eminent Domain Cases: Insights from United States v. Coker