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  • Commentaries
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5th Circuit Case Commentaries

Attorney Compensation Denied Upon Voluntary Withdrawal: Augustson v. LAN-Chile

Attorney Compensation Denied Upon Voluntary Withdrawal: Augustson v. LAN-Chile

Date: Mar 1, 1996
Attorney Compensation Denied Upon Voluntary Withdrawal: Augustson v. LAN-Chile Introduction The case of ClYDE W. AUGUSTSON, Individually and as Parents of and Sole Heirs of Hildegard D. Augustson,...
Affirming Employer Liability Exclusive: ADEA Individual Liability in Stults and Wallace v. Conoco

Affirming Employer Liability Exclusive: ADEA Individual Liability in Stults and Wallace v. Conoco

Date: Mar 1, 1996
Affirming Employer Liability Exclusive: ADEA Individual Liability in Stults and Wallace v. Conoco Introduction The case of Rommie Stults and Stephen Wallace v. Conoco, Inc. and Brad Burmaster...
Qualified Immunity Reinforced in Cantu v. Rocha et al.: Implications for Section 1983 and State Law Claims

Qualified Immunity Reinforced in Cantu v. Rocha et al.: Implications for Section 1983 and State Law Claims

Date: Feb 29, 1996
Qualified Immunity Reinforced in Cantu v. Rocha et al.: Implications for Section 1983 and State Law Claims Introduction The case of Imelda C. Cantu v. Willie Rocha, Greg Salazar, and Philip Ethridge...
United States v. Buchanan: Comprehensive Commentary on Evidentiary Rulings, Sentencing, and Double Jeopardy Protections

United States v. Buchanan: Comprehensive Commentary on Evidentiary Rulings, Sentencing, and Double Jeopardy Protections

Date: Feb 23, 1996
United States v. Buchanan: Comprehensive Commentary on Evidentiary Rulings, Sentencing, and Double Jeopardy Protections Introduction In United States v. Buchanan, the United States Court of Appeals...
Expanding EX PARTE YOUNG: Eleventh Amendment Immunity, Injunctive Relief, and RFRA in Ganther v. Ingle [5th Cir. 1996]

Expanding EX PARTE YOUNG: Eleventh Amendment Immunity, Injunctive Relief, and RFRA in Ganther v. Ingle [5th Cir. 1996]

Date: Feb 17, 1996
Expanding EX PARTE YOUNG: Eleventh Amendment Immunity, Injunctive Relief, and RFRA in Ganther v. Ingle [5th Cir. 1996] 1. Introduction Ganther v. Ingle is a pivotal case that navigates the...
Excessive Force and Qualified Immunity: Comprehensive Analysis of Baker v. Putnal

Excessive Force and Qualified Immunity: Comprehensive Analysis of Baker v. Putnal

Date: Feb 16, 1996
Excessive Force and Qualified Immunity: Comprehensive Analysis of Baker v. Putnal Introduction Baker v. Putnal, adjudicated by the United States Court of Appeals for the Fifth Circuit on February 15,...
Defining Antisuit Injunction Standards: Kaepa v. Achilles Corporation

Defining Antisuit Injunction Standards: Kaepa v. Achilles Corporation

Date: Feb 15, 1996
Defining Antisuit Injunction Standards: Kaepa v. Achilles Corporation Introduction Kaepa, Inc. v. Achilles Corporation, 76 F.3d 624 (5th Cir. 1996), is a landmark case that addresses the propriety of...
Protecting Shipowner's Right to Limit Liability: Odeco Oil & Gas Co. v. Shell Oil Co.

Protecting Shipowner's Right to Limit Liability: Odeco Oil & Gas Co. v. Shell Oil Co.

Date: Feb 15, 1996
Protecting Shipowner's Right to Limit Liability: Odeco Oil & Gas Co. v. Shell Oil Co. Introduction The case of Odeco Oil and Gas Company, Drilling Division and Odeco Drilling Services, Inc. v. Shell...
Enhancing Due Process in Administrative Forfeiture: The Barrera-Montenegro Decision

Enhancing Due Process in Administrative Forfeiture: The Barrera-Montenegro Decision

Date: Feb 10, 1996
Enhancing Due Process in Administrative Forfeiture: The Barrera-Montenegro Decision Introduction The case of Alphonso Barrera-Montenegro v. USA and Drug Enforcement Administration (74 F.3d 657)...
Harmless Error in Future Dangerousness Testimony: Analysis of Woods v. Johnson

Harmless Error in Future Dangerousness Testimony: Analysis of Woods v. Johnson

Date: Feb 8, 1996
Harmless Error in Future Dangerousness Testimony: Analysis of Woods v. Johnson Introduction Billy Joe Woods v. Gary L. Johnson is a pivotal case adjudicated by the United States Court of Appeals for...
Dismissal of Frivolous Civil Rights Claims: Hamilton v. Lyons and Its Implications

Dismissal of Frivolous Civil Rights Claims: Hamilton v. Lyons and Its Implications

Date: Feb 8, 1996
Dismissal of Frivolous Civil Rights Claims: Hamilton v. Lyons and Its Implications Introduction In Steven D. Hamilton v. D. Lyons, Lt. and DeSoto Police Department, 74 F.3d 99 (5th Cir. 1996), the...
Affirmation of Summary Judgment in Fraudulent Transfer Case: BMG Music v. Martinez

Affirmation of Summary Judgment in Fraudulent Transfer Case: BMG Music v. Martinez

Date: Feb 7, 1996
Affirmation of Summary Judgment in Fraudulent Transfer Case: BMG Music v. Martinez Introduction The case of BMG Music; Sony Music Entertainment, Inc., Plaintiffs-Appellees, v. Hugo Adrian Martinez;...
Separation of Insurance Malpractice Torts from Workers' Compensation Claims Under §1445(c): Patin v. Travelers

Separation of Insurance Malpractice Torts from Workers' Compensation Claims Under §1445(c): Patin v. Travelers

Date: Feb 6, 1996
Separation of Insurance Malpractice Torts from Workers' Compensation Claims Under §1445(c): Patin v. Travelers Introduction Jimmy Charles Patin, Sr., and Margaret Patin, the plaintiffs-appellants,...
Affirmation of Qualified Immunity in Bivens Actions: Vander Zee v. Reno

Affirmation of Qualified Immunity in Bivens Actions: Vander Zee v. Reno

Date: Feb 3, 1996
Affirmation of Qualified Immunity in Bivens Actions: Vander Zee v. Reno Introduction The case Harlan D. Vander Zee v. Janet Reno, et al. (73 F.3d 1365) was adjudicated by the United States Court of...
Vera v. Tue: Establishing Due Process Protections for Bail Bond Businesses

Vera v. Tue: Establishing Due Process Protections for Bail Bond Businesses

Date: Feb 1, 1996
Vera v. Tue: Establishing Due Process Protections for Bail Bond Businesses Introduction Vera v. Tue is a landmark decision rendered by the United States Court of Appeals for the Fifth Circuit on...
Rhodes v. Guiberson Oil Tools: Affirmation of Age Discrimination Verdict Under ADEA Standards

Rhodes v. Guiberson Oil Tools: Affirmation of Age Discrimination Verdict Under ADEA Standards

Date: Feb 1, 1996
Rhodes v. Guiberson Oil Tools: Affirmation of Age Discrimination Verdict Under ADEA Standards Introduction In the case of Calvin Rhodes v. Guiberson Oil Tools, heard by the United States Court of...
FRS Inc. v. United States: Affirming Standing Requirements under the False Claims Act

FRS Inc. v. United States: Affirming Standing Requirements under the False Claims Act

Date: Feb 1, 1996
FRS Inc. v. United States: Affirming Standing Requirements under the False Claims Act Introduction The case of Federal Recovery Services, Inc. (FRS), et al. v. United States of America, et al.,...
Hare v. City of Corinth: Enforcing Subjective Deliberate Indifference Standards for Pretrial Detainees

Hare v. City of Corinth: Enforcing Subjective Deliberate Indifference Standards for Pretrial Detainees

Date: Jan 30, 1996
Hare v. City of Corinth: Enforcing Subjective Deliberate Indifference Standards for Pretrial Detainees Introduction Hare v. City of Corinth, Mississippi, 74 F.3d 633 (5th Cir. 1996), addresses the...
Reaffirming the Role of Spears Hearing Testimony in §1983 Excessive Force Claims: Eason v. Holt Analysis

Reaffirming the Role of Spears Hearing Testimony in §1983 Excessive Force Claims: Eason v. Holt Analysis

Date: Jan 27, 1996
Reaffirming the Role of Spears Hearing Testimony in §1983 Excessive Force Claims: Eason v. Holt Analysis Introduction The case of Danny Ray Eason v. Billy Holt et al., adjudicated by the United...
Judicial Estoppel in Interpleader Actions: Insights from Ergo Science, Inc. v. Elite Therapeutics, Inc.

Judicial Estoppel in Interpleader Actions: Insights from Ergo Science, Inc. v. Elite Therapeutics, Inc.

Date: Jan 27, 1996
Judicial Estoppel in Interpleader Actions: Insights from Ergo Science, Inc. v. Elite Therapeutics, Inc. Introduction The case of Ergo Science, Inc. v. Elite Therapeutics, Inc. adjudicated by the...
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