5th Circuit Case Commentaries

Limits on Bankruptcy Courts' Jurisdiction Over Third-Party Actions: Zale Corp v. Feld & NUFIC

Date: Sep 8, 1995

Limits on Bankruptcy Courts' Jurisdiction Over Third-Party Actions: Zale Corp v. Feld & NUFIC Introduction The case of Zale Corporation, Debtor, et al. v. Alan D. Feld and National Union Fire...

Affirmation of District Court's Denial of Rule 60(b) and Rule 59(a) Motions: GFS One LP v. Peyton Place, Inc.

Date: Sep 8, 1995

Affirmation of District Court's Denial of Rule 60(b) and Rule 59(a) Motions: GFS One LP v. Peyton Place, Inc. Introduction In the appellate case of Government Financial Services One Limited...

Affirmation of Capital Sentencing and Jury Selection Standards in Garza and Flores v. United States

Date: Sep 2, 1995

Affirmation of Capital Sentencing and Jury Selection Standards in Garza and Flores v. United States Introduction In the landmark case of United States of America v. Manuel Flores and Juan Raul Garza,...

Greyhound Lines, Inc. v. Rogers: Establishing Excusable Neglect Standards in Bankruptcy Proceedings

Date: Sep 2, 1995

Greyhound Lines, Inc. v. Rogers: Establishing Excusable Neglect Standards in Bankruptcy Proceedings Introduction In the appellate decision Greyhound Lines, Inc., et al. vs. Donna Rogers, et al. (62...

Aggregation of Punitive Damages in Diversity Jurisdiction: Allen v. R H Oil Gas Co. et al.

Date: Aug 30, 1995

Aggregation of Punitive Damages in Diversity Jurisdiction: Allen v. R H Oil Gas Co. et al. Introduction In the landmark case Barbara Allen, et al. v. R H Oil Gas Company, Farrar Oilfield Service and...

Establishing Precedent in Mail Fraud Conspiracy: United States v. Sneed et al.

Date: Aug 25, 1995

Establishing Precedent in Mail Fraud Conspiracy: United States v. Sneed et al. Introduction In the landmark case of United States of America v. Paula Sneed, Norris Louis McGraw, Patrick Johnson, and...

Cumulative Circumstantial Evidence in Establishing Conspiracy: Insights from Dean v. United States

Date: Aug 24, 1995

Cumulative Circumstantial Evidence in Establishing Conspiracy: Insights from Dean v. United States Introduction In the landmark case United States of America v. George Dean, James Earl Cofer, Kenneth...

Procedural Default in Federal Habeas Review: Analysis of Sones v. Hargett

Date: Aug 22, 1995

Procedural Default in Federal Habeas Review: Analysis of Sones v. Hargett Establishing the Boundaries of Collateral Relief and Procedural Barriers in Habeas Corpus Petitions Introduction Glendle Ray...

Enforcement of Indemnity Agreements: Insights from Transamerica Ins. Co. v. Paul R. Avenell

Date: Aug 18, 1995

Enforcement of Indemnity Agreements: Insights from Transamerica Insurance Co. v. Paul R. Avenell Introduction The case of Transamerica Insurance Co. v. Paul R. Avenell, adjudicated by the United...

Vuong v. Texas: Upholding the Eighth Amendment Constitutionality of Texas' Special Issues in Capital Sentencing

Date: Aug 17, 1995

Vuong v. Texas: Upholding the Eighth Amendment Constitutionality of Texas' Special Issues in Capital Sentencing Introduction In Hai Hai Vuong v. Wayne Scott, Director, Texas Department of Criminal...

Affirmation of Qualified Immunity in Retaliation Claims: Woods v. Smith

Date: Aug 16, 1995

Affirmation of Qualified Immunity in Retaliation Claims: Woods v. Smith Introduction The case of Claude E. Woods v. Larry Smith et al. (60 F.3d 1161) presents a critical examination of qualified...

Effective Assistance of Counsel in Habeas Corpus Proceedings: The Teague v. Scott Case Analysis

Date: Aug 16, 1995

Effective Assistance of Counsel in Habeas Corpus Proceedings: The Teague v. Scott Case Analysis Introduction Edward L. Teague v. Wayne Scott is a pivotal case decided by the United States Court of...

Refined Scope of §1983 Claims in Parole Procedures: Orellana v. Kyle

Date: Aug 12, 1995

Refined Scope of §1983 Claims in Parole Procedures: Orellana v. Kyle Introduction In the landmark case Samuel Orellana v. Jack Kyle, Chairman, Board of Pardons and Parole, decided by the United...

Limitation of Judicial Review in Veterans' Benefits Determinations: Insights from Zuspann v. Brown

Date: Aug 12, 1995

Limitation of Judicial Review in Veterans' Benefits Determinations: Insights from Zuspann v. Brown Introduction Gary Zuspann, a former Navy cook, filed a lawsuit against Jesse Brown, Secretary of the...

ERISA Plan Classification Affirmed in McDonald v. Provident Indemnity Life Insurance Company

Date: Aug 10, 1995

ERISA Plan Classification Affirmed in McDonald v. Provident Indemnity Life Insurance Company Introduction The case of Nathan and Sharyl McDonald, Individually and as Next Friend and Guardians of...

COATS v. PENROD DRILLING CORPoration: Upholding Traditional Joint and Several Liability in Maritime Law

Date: Aug 9, 1995

COATS v. PENROD DRILLING CORPoration: Upholding Traditional Joint and Several Liability in Maritime Law Introduction COATS v. PENROD DRILLING CORPoration, 61 F.3d 1113 (5th Cir. 1995), marks a...

Affirmation of Texas Contemporaneous Objection Rule's Adequacy in Habeas Corpus Review

Date: Aug 8, 1995

Affirmation of Texas Contemporaneous Objection Rule's Adequacy in Habeas Corpus Review Introduction The case Bernard Eugene Amos v. Wayne Scott, Director of the Texas Department of Criminal Justice...

Intentional Handicap Discrimination Required for Reasonable Accommodation Claims: Kelly v. Boeing Petroleum Services, Inc.

Date: Aug 8, 1995

Intentional Handicap Discrimination Required for Reasonable Accommodation Claims: Kelly v. Boeing Petroleum Services, Inc. Introduction In Peter J. Kelly v. Boeing Petroleum Services, Inc., 61 F.3d...

Establishing Standards for Fraudulent Joinder in Diversity Jurisdiction: Insights from Burden v. General Dynamics

Date: Aug 5, 1995

Establishing Standards for Fraudulent Joinder in Diversity Jurisdiction: Insights from Burden v. General Dynamics Introduction In the landmark case of Burden v. General Dynamics Corporation, et al.,...

Affirmation of Limited Liability for Independent Drug Testing Laboratories Under Texas Law: WILLIS v. ROCHE BIOMEDICAL LABORATORIES, INC.

Date: Aug 3, 1995

Affirmation of Limited Liability for Independent Drug Testing Laboratories Under Texas Law: WILLIS v. ROCHE BIOMEDICAL LABORATORIES, INC. Introduction In Robert E. WILLIS v. ROCHE BIOMEDICAL...

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