5th Circuit Case Commentaries

Impact of Good-Time-Earning Status Reduction on Mandatory Supervision Release: Malchi v. Thaler

Date: May 24, 2000

Impact of Good-Time-Earning Status Reduction on Mandatory Supervision Release: Malchi v. Thaler Introduction Dobber Graham Malchi, a Texas state prisoner, challenged a prison disciplinary decision...

Reopening the Appeal Period Requires Written Notice under Fed. R. App. P. 4(a)(6): Comprehensive Commentary on Bass v. USDA

Date: May 24, 2000

Reopening the Appeal Period Requires Written Notice under Fed. R. App. P. 4(a)(6): Comprehensive Commentary on Bass v. USDA Introduction The case of J.C. Bass and Charlene B. Bass v. United States...

Wholly Undersecured Claims on Principal Residence Not Protected by §1322(b)(2) in Chapter 13 Cramdown

Date: May 16, 2000

Wholly Undersecured Claims on Principal Residence Not Protected by §1322(b)(2) in Chapter 13 Cramdown Introduction The case of Ronald Bartee v. Tara Colony Homeowners Association and Daniel E....

Clarifying Standards for Attorney Fee Awards Under 42 U.S.C. § 1988 in Civil Rights Litigation

Date: May 12, 2000

Clarifying Standards for Attorney Fee Awards Under 42 U.S.C. § 1988 in Civil Rights Litigation Introduction In the landmark case of Margaret Ann Myers v. City of West Monroe et al. (211 F.3d 289),...

Equitable Tolling of 28 U.S.C. § 2255 Limitations: Patterson v. United States

Date: May 10, 2000

Equitable Tolling of 28 U.S.C. § 2255 Limitations: Patterson v. United States Introduction In the landmark case of United States of America v. Gary Allen Patterson, the United States Court of Appeals...

Qualified Immunity in Family Custody Disputes: A Comprehensive Analysis of Wooley v. Dually and April Zachary

Date: May 9, 2000

Qualified Immunity in Family Custody Disputes: A Comprehensive Analysis of Wooley v. Dually and April Zachary Introduction Wooley v. Dually and April Zachary, 211 F.3d 913 (5th Cir. 2000), is a...

Duty of Appellate Counsel to Challenge Meritorious Sentencing Enhancements: Phillips v. United States

Date: May 9, 2000

Duty of Appellate Counsel to Challenge Meritorious Sentencing Enhancements: Phillips v. United States Introduction United States of America v. James Thomas Phillips (210 F.3d 345) is a pivotal...

Affirmation of "Three Strikes" Sentencing and Burden-Shifting in Federal Robbery Cases: United States v. Ferguson

Date: May 5, 2000

Affirmation of "Three Strikes" Sentencing and Burden-Shifting in Federal Robbery Cases: United States v. Ferguson Introduction The case of United States of America v. Aaron Ferguson (211 F.3d 878)...

Orozco-Ramirez v. United States: Defining "Second or Successive" Habeas Applications under AEDPA

Date: May 4, 2000

Orozco-Ramirez v. United States: Defining "Second or Successive" Habeas Applications under AEDPA Introduction In United States of America v. Javier Orozco-Ramirez, 211 F.3d 862 (5th Cir. 2000), the...

Waiver of Beneficiary Interest in ERISA-Governed Life Insurance Policies Upon Divorce: Clift v. Clift

Date: May 4, 2000

Waiver of Beneficiary Interest in ERISA-Governed Life Insurance Policies Upon Divorce: Clift v. Clift Introduction The case of Kathy Clift, etc. v. Pamela Sue Clift (210 F.3d 268) adjudicated by the...

Clarifying the Burden-Shifting Framework in Wrongful Levy Claims: Insights from Oxford Capital Corp. v. United States

Date: May 3, 2000

Clarifying the Burden-Shifting Framework in Wrongful Levy Claims: Insights from Oxford Capital Corp. v. United States Introduction Oxford Capital Corporation v. United States is a pivotal case that...

Enhancing Standards for Deliberate Indifference in § 1983 Claims and Limiting Sanctions for Meritless Interlocutory Appeals: An Analysis of Conner v. Travis County

Date: May 3, 2000

Enhancing Standards for Deliberate Indifference in § 1983 Claims and Limiting Sanctions for Meritless Interlocutory Appeals: An Analysis of Conner v. Travis County Introduction In the landmark case...

Exhaustion of Administrative Remedies Not Required for Monetary Damages: Edwards v. Johnson

Date: Apr 28, 2000

Exhaustion of Administrative Remedies Not Required for Monetary Damages: Edwards v. Johnson Introduction In the case of Anthony A. Edwards v. Johnson et al., decided by the United States Court of...

Establishing Boundaries of Qualified Immunity in Political Affiliation Employment Disputes: An Analysis of Dudley v. Angel

Date: Apr 26, 2000

Establishing Boundaries of Qualified Immunity in Political Affiliation Employment Disputes: An Analysis of Dudley v. Angel Introduction The case of Roger Dudley v. Dan Angel et al., adjudicated by...

Enhancing Judicial Scrutiny in Social Security Disability Claims: Newton v. Apfel

Date: Apr 26, 2000

Enhancing Judicial Scrutiny in Social Security Disability Claims: Newton v. Apfel Introduction Newton v. Apfel, 209 F.3d 448 (5th Cir. 2000), is a pivotal case in the realm of Social Security...

Non-Attorney Parent Representation in SSI Appeals Affirmed by Fifth Circuit

Date: Apr 25, 2000

Non-Attorney Parent Representation in SSI Appeals Affirmed by Fifth Circuit Introduction Harris v. Apfel, 209 F.3d 413 (5th Cir. 2000), is a pivotal case adjudicated by the United States Court of...

Byers v. The Dallas Morning News: Affirmation of Summary Judgment in Reverse Discrimination Claims

Date: Apr 25, 2000

Byers v. The Dallas Morning News: Affirmation of Summary Judgment in Reverse Discrimination Claims Introduction The case of Robert C. Byers, Jr. v. The Dallas Morning News, Inc., 209 F.3d 419 (5th...

Enforcing Arbitration Clauses Against Non-Signatories through Equitable Estoppel: An Analysis of Grigson v. Creative Artists Agency

Date: Apr 25, 2000

Enforcing Arbitration Clauses Against Non-Signatories through Equitable Estoppel: An Analysis of Grigson v. Creative Artists Agency Introduction The case of Grigson v. Creative Artists Agency,...

ERISA Attorney’s Fees Without Prevailing Party Requirement: Insights from GIBBS v. GIBBS

Date: Apr 22, 2000

ERISA Attorney’s Fees Without Prevailing Party Requirement: Insights from GIBBS v. GIBBS Introduction The case of Carolyn J. Gibbs v. General American Life Insurance Company explores critical issues...

Timeliness of Civil Actions under 42 U.S.C. § 405(g): Fletcher v. Apfel Analysis

Date: Apr 22, 2000

Timeliness of Civil Actions under 42 U.S.C. § 405(g): Fletcher v. Apfel Analysis Introduction Fletcher v. Apfel, 210 F.3d 510 (5th Cir. 2000), is a pivotal case addressing the timeliness of...