5th Circuit Case Commentaries

Application of AEDPA's Certificate of Appealability Standards: Fifth Circuit Denies COA in Giglio Disclosure Claim

Date: Apr 21, 2000

Application of AEDPA's Certificate of Appealability Standards: Fifth Circuit Denies COA in Giglio Disclosure Claim Introduction The case of Mack Oran Hill v. Gary L. Johnson, decided by the United...

Restitution Modifications in Guilty Plea Agreements: Insights from United States v. Glinsey

Date: Apr 11, 2000

Restitution Modifications in Guilty Plea Agreements: Insights from United States v. Glinsey 1. Introduction United States v. Glinsey, 209 F.3d 386 (5th Cir. 2000), presents a pivotal case in the...

Preclusion of §1983 Excessive Force Claims Following Criminal Conviction: Insights from Hainze v. Richards

Date: Apr 8, 2000

Preclusion of §1983 Excessive Force Claims Following Criminal Conviction: Insights from Hainze v. Richards Introduction Hainze v. Richards, 207 F.3d 795 (5th Cir. 2000), is a significant case that...

Perceived Disability and Employment Termination: Insights from McInnis v. Alamo Community College District

Date: Apr 7, 2000

Perceived Disability and Employment Termination: Insights from McInnis v. Alamo Community College District Introduction The case of Daniel D. McInnis v. Alamo Community College District (207 F.3d...

Establishing Causation and Qualification Standards under Title VII: Haynes v. Pennzoil

Date: Apr 5, 2000

Establishing Causation and Qualification Standards under Title VII: Haynes v. Pennzoil Introduction In Haynes v. Pennzoil Company, 207 F.3d 296 (5th Cir. 2000), the United States Court of Appeals for...

Balancing Bankruptcy Code §§1141(d) and 365: Fifth Circuit Sets Precedent in National Gypsum Bankruptcy Case

Date: Apr 1, 2000

Balancing Bankruptcy Code §§1141(d) and 365: Fifth Circuit Sets Precedent in National Gypsum Bankruptcy Case 1. Introduction The case of National Gypsum Company, Debtor v. Century Indemnity Co.;...

Reciprocal Compensation for ISP-Bound Traffic: Insights from Southwestern Bell v. PUC of Texas

Date: Mar 31, 2000

Reciprocal Compensation for ISP-Bound Traffic: Insights from Southwestern Bell Telephone Co. v. Public Utility Commission of Texas Introduction The case of Southwestern Bell Telephone Co. v. Public...

Defining Constructive Discharge in Age Discrimination Claims: Analysis of Brown v. Bunge Corporation

Date: Mar 29, 2000

Defining Constructive Discharge in Age Discrimination Claims: Analysis of Brown v. Bunge Corporation Introduction In the case of Douglas Brown, Plaintiff-Appellant, v. Bunge Corporation; Claude Rose,...

Deference to Plaintiff's Choice of Forum Under 28 U.S.C. § 1404(a): Insights from Abdul Ali MOHAMED v. Mazda Motor Corporation

Date: Mar 28, 2000

Deference to Plaintiff's Choice of Forum Under 28 U.S.C. § 1404(a): Insights from Abdul Ali MOHAMED v. Mazda Motor Corporation 1. Introduction The case of Abdul Ali MOHAMED v. Mazda Motor Corporation...

Eldredge v. Martin Marietta: Clarifying Rule 54(b) and Appellate Jurisdiction on Partial Summary Judgments

Date: Mar 23, 2000

Eldredge v. Martin Marietta: Clarifying Rule 54(b) and Appellate Jurisdiction on Partial Summary Judgments Introduction In Eldredge v. Martin Marietta Corp., et al., the United States Court of...

Federal Preemption of Louisiana Railroad Safety Laws Affirmed with Partial Remand

Date: Mar 18, 2000

Federal Preemption of Louisiana Railroad Safety Laws Affirmed with Partial Remand Introduction The case of United Transportation Union; Brotherhood of Locomotive Engineers, Plaintiffs — Appellees,...

Upholding AEDPA Standards: Comprehensive Analysis of Soria v. Johnson

Date: Mar 17, 2000

Upholding AEDPA Standards: Comprehensive Analysis of Soria v. Johnson Introduction Case: Juan Soria, Petitioner-Appellant, v. Gary L. Johnson, Director, Texas Department of Criminal Justice,...

Reaffirmation of Federal Jurisdiction: Limiting Colorado River Abstention in Contract Disputes

Date: Mar 10, 2000

Reaffirmation of Federal Jurisdiction: Limiting Colorado River Abstention in Contract Disputes Introduction The appellate case of Black Sea Investment, Ltd. v. United Heritage Corporation (204 F.3d...

Swift Energy Company v. Mid-Continent Casualty Company: Expansion of 'Additional Insured' Coverage under Texas Law

Date: Mar 10, 2000

Swift Energy Company v. Mid-Continent Casualty Company: Expansion of 'Additional Insured' Coverage under Texas Law Introduction Swift Energy Company ("Swift") entered into contractual agreements with...

Restricting Equitable Tolling under AEDPA: Analysis of Felder v. Johnson (5th Cir. 2000)

Date: Mar 7, 2000

Restricting Equitable Tolling under AEDPA: Analysis of Felder v. Johnson (5th Cir. 2000) Introduction In the appellate decision Leslie Parnell Felder v. Gary L. Johnson, adjudicated by the United...

Affirming Absolute Immunity for Quasi-Judicial Regulatory Board Members: Insights from Beck v. Texas State Board of Dental Examiners

Date: Mar 4, 2000

Affirming Absolute Immunity for Quasi-Judicial Regulatory Board Members: Insights from Beck v. Texas State Board of Dental Examiners Introduction Beck v. Texas State Board of Dental Examiners (2000)...

Conflict of Interest and Effective Assistance of Counsel: PERILLO v. JOHNSON

Date: Mar 3, 2000

Conflict of Interest and Effective Assistance of Counsel: PERILLO v. JOHNSON Introduction In the case of Pamela Lynn Perillo v. Gary L. Johnson, the United States Court of Appeals for the Fifth...

Reasonable Accommodations Under the ADA: Insights from Allen v. Rapides Parish School Board

Date: Mar 3, 2000

Reasonable Accommodations Under the ADA: Insights from Allen v. Rapides Parish School Board Introduction Robert D. Allen v. Rapides Parish School Board is a pivotal case adjudicated by the United...

Apportionment of Recovery Costs in Medical Lien Cases: Insights from Howe v. Scottsdale Insurance Co.

Date: Mar 3, 2000

Apportionment of Recovery Costs in Medical Lien Cases: Insights from Howe v. Scottsdale Insurance Co. Introduction Howe v. Scottsdale Insurance Co., 204 F.3d 624 (5th Cir. 2000), is a pivotal case...

Murphy v. Johnson: Affirmation of AEDPA Standards and Constraints on Retroactivity in Grand Jury Selection Claims

Date: Mar 3, 2000

Murphy v. Johnson: Affirmation of AEDPA Standards and Constraints on Retroactivity in Grand Jury Selection Claims Introduction The case of Ivan Ray Murphy v. Gary L. Johnson, adjudicated by the...