5th Circuit Case Commentaries

Procedural Barriers to Habeas Corpus Relief: Insights from Lott v. Hargett

Date: Apr 17, 1996

Procedural Barriers to Habeas Corpus Relief: Insights from Lott v. Hargett Introduction The case of John Lott v. Edward M. Hargett, adjudicated by the United States Court of Appeals for the Fifth...

Exclusive Rights of Federally Indebted Rural Water Associations Under 7 U.S.C. § 1926(b): An Analysis of North Alamo Water Supply Corp. v. City of San Juan

Date: Apr 16, 1996

Exclusive Rights of Federally Indebted Rural Water Associations Under 7 U.S.C. § 1926(b): An Analysis of North Alamo Water Supply Corp. v. City of San Juan Introduction The case of North Alamo Water...

Qualified Immunity Upholds Dismissal of Fair Housing Act Claims Against Municipal Officials in Meadowbriar v. Gunn

Date: Apr 12, 1996

Qualified Immunity Upholds Dismissal of Fair Housing Act Claims Against Municipal Officials in Meadowbriar v. Gunn Introduction In the landmark case Meadowbriar Home for Children, Inc. v. G.B. Gunn...

Control of Prosecution in the Use of Special Prosecutors: Faulder v. Johnson Analysis

Date: Apr 11, 1996

Control of Prosecution in the Use of Special Prosecutors: Faulder v. Johnson Analysis Introduction Faulder v. Johnson, 81 F.3d 515 (5th Cir. 1996), is a pivotal case adjudicated by the United States...

Freeman v. United States: Upholding Conspiracy Conviction in Wildlife Smuggling

Date: Apr 9, 1996

Freeman v. United States: Upholding Conspiracy Conviction in Wildlife Smuggling Introduction In the landmark case of United States of America v. Noemi Duarte Freeman, decided on April 8, 1996, the...

Upholding Summary Judgment Standards in Employment Discrimination: Wallace v. Texas Tech University

Date: Apr 6, 1996

Upholding Summary Judgment Standards in Employment Discrimination: Wallace v. Texas Tech University Introduction In the landmark case of Phillip A. Wallace v. Texas Tech University, adjudicated by...

Affirmation of Conspiracy Convictions in United States v. Broussard et al.

Date: Apr 5, 1996

Affirmation of Conspiracy Convictions in United States v. Broussard et al. Introduction The case of United States of America v. Ursula Bernardette Broussard and others involves significant legal...

Strict Adherence to Rule 9(b) Mandates Particularity in Scienter Allegations in Securities Fraud Cases

Date: Apr 3, 1996

Strict Adherence to Rule 9(b) Mandates Particularity in Scienter Allegations in Securities Fraud Cases Introduction In Lovelace v. Software Spectrum, Inc., the United States Court of Appeals for the...

Expanding Intervention Rights in Title VII Discrimination Litigation: EDWARDS v. CITY OF HOUSTON

Date: Apr 2, 1996

Expanding Intervention Rights in Title VII Discrimination Litigation: EDWARDS v. CITY OF HOUSTON Introduction In the landmark case of EDWARDS v. CITY OF HOUSTON, the United States Court of Appeals...

Defendant's Burden in Safety Valve Provisions: Insights from United States v. Flanagan

Date: Mar 30, 1996

Defendant's Burden in Safety Valve Provisions: Insights from United States v. Flanagan Introduction In the landmark case of United States of America v. George Woodrow Flanagan, decided by the United...

Deliberate Indifference in Inmate Medical Care: Insights from Jolly v. Klein

Date: Mar 30, 1996

Deliberate Indifference in Inmate Medical Care: Insights from Jolly v. Klein Introduction In the landmark case of Thaddeus Michael Jolly v. Donald Klein, Duane Ray Boyd, Richard Hendell, and Johnny...

Affirmation of Capital Convictions in Spence v. Johnson: Upholding Brady and Perjury Standards

Date: Mar 30, 1996

Affirmation of Capital Convictions in Spence v. Johnson: Upholding Brady and Perjury Standards Introduction Spence v. Johnson, 80 F.3d 989 (5th Cir. 1996), represents a pivotal appellate decision...

Appellate Forfeiture Rule Clarified: Douglass v. United Services Automobile Association

Date: Mar 29, 1996

Appellate Forfeiture Rule Clarified: Douglass v. United Services Automobile Association Introduction In the landmark case of Paul W. Douglass v. United Services Automobile Association, decided by the...

Affirmation of Discrimination Verdict in Polanco v. City of Austin: Standards for Judgment as a Matter of Law

Date: Mar 29, 1996

Affirmation of Discrimination Verdict in Polanco v. City of Austin: Standards for Judgment as a Matter of Law Introduction In the landmark case Hector Polanco v. City of Austin (78 F.3d 968), the...

Defining 'Entry' Under Immigration Law: Carbajal-Gonzalez v. INS

Date: Mar 28, 1996

Defining 'Entry' Under Immigration Law: Carbajal-Gonzalez v. INS Introduction The case of Carlos Alberto Carbajal-Gonzalez v. Immigration and Naturalization Service (INS), adjudicated by the United...

Perillo v. Johnson: Affirming the Right to Discovery and Evidentiary Hearings in Cases of Attorney Conflict of Interest

Date: Mar 22, 1996

Perillo v. Johnson: Affirming the Right to Discovery and Evidentiary Hearings in Cases of Attorney Conflict of Interest Introduction Perillo v. Johnson is a landmark decision by the United States...

Fifth Circuit Clarifies Materiality Standards in 18 U.S.C. §1006 False Entry Convictions

Date: Mar 12, 1996

Fifth Circuit Clarifies Materiality Standards in 18 U.S.C. §1006 False Entry Convictions Introduction The case of United States of America v. Hal Pettigrew, Craig Walker, and Chad Powell represents a...

Strict Enforcement of Qualified Immunity in Section 1983 Claims: Morin & Young v. Caire

Date: Mar 8, 1996

Strict Enforcement of Qualified Immunity in Section 1983 Claims: Morin & Young v. Caire Introduction The case of Ralph Morin; Larry Keith Young v. Randy Caire, City of Slidell, adjudicated by the...

Affirmation of 18 U.S.C. §2119 as a Valid Exercise of the Commerce Clause in USA v. Coleman

Date: Mar 6, 1996

Affirmation of 18 U.S.C. §2119 as a Valid Exercise of the Commerce Clause in USA v. Coleman Introduction In the landmark case of United States of America v. Donald Ray Coleman, the United States...

Reaffirming Vicarious Liability and Jury Trial Rights: Bennett v. Pippin

Date: Mar 2, 1996

Reaffirming Vicarious Liability and Jury Trial Rights: Bennett v. Pippin Introduction The case ELLEN GAIL BENNETT v. PRESLEY PIPPIN JR. is a landmark decision by the United States Court of Appeals...

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