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  • Commentaries
  • Judgments

5th Circuit Case Commentaries

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

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

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.

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

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.

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...
Reversal of Age Discrimination Verdict in Armendariz v. Pinkerton Tobacco Co.

Reversal of Age Discrimination Verdict in Armendariz v. Pinkerton Tobacco Co.

Date: Aug 2, 1995
Reversal of Age Discrimination Verdict in Armendariz v. Pinkerton Tobacco Co. Introduction The case of Enrique A. Armendariz v. The Pinkerton Tobacco Company (58 F.3d 144) was adjudicated in the...
Affirmation of Section 2255 Motion Dismissal in Samuels v. United States: Standards for Ineffective Assistance and Sentencing Reliability

Affirmation of Section 2255 Motion Dismissal in Samuels v. United States: Standards for Ineffective Assistance and Sentencing Reliability

Date: Jul 29, 1995
Affirmation of Section 2255 Motion Dismissal in Samuels v. United States: Standards for Ineffective Assistance and Sentencing Reliability Introduction In the case of United States of America v....
Reaffirming Maintenance and Cure: Abolishing Punitive Damages in Maritime Law

Reaffirming Maintenance and Cure: Abolishing Punitive Damages in Maritime Law

Date: Jul 27, 1995
Reaffirming Maintenance and Cure: Abolishing Punitive Damages in Maritime Law Introduction DOMINGO GUEVARA, PLAINTIFF-APPELLEE, v. MARITIME OVERSEAS CORPORATION, DEFENDANT-APPELLANT, 59 F.3d 1496...
Clarifying Franchisor Liability under the Americans with Disabilities Act: ADQ v. Neff

Clarifying Franchisor Liability under the Americans with Disabilities Act: ADQ v. Neff

Date: Jul 21, 1995
Clarifying Franchisor Liability under the Americans with Disabilities Act: ADQ v. Neff Introduction In the landmark case of Margo Neff v. American Dairy Queen Corporation (ADQ), the United States...
Judicial Discretion in Sanctions: Upholding Dismissal for Bad Faith and Procedural Abuse in Woodson v. Surgitek

Judicial Discretion in Sanctions: Upholding Dismissal for Bad Faith and Procedural Abuse in Woodson v. Surgitek

Date: Jul 20, 1995
Judicial Discretion in Sanctions: Upholding Dismissal for Bad Faith and Procedural Abuse in Woodson v. Surgitek Introduction The case of Woodson v. Surgitek, Inc., Medical Engineering Corp., and...
Clarifying the Burden of Proof in Indemnity Clause Enforcement: GENE A. WISE v. E.I. DUPONT DE NEMOURS AND CO.

Clarifying the Burden of Proof in Indemnity Clause Enforcement: GENE A. WISE v. E.I. DUPONT DE NEMOURS AND CO.

Date: Jul 19, 1995
Clarifying the Burden of Proof in Indemnity Clause Enforcement: GENE A. WISE v. E.I. DUPONT DE NEMOURS AND CO. Introduction In the landmark case GENE A. WISE, ET AL, PLAINTIFFS, v. E.I. DUPONT DE...
Remittitur in Product Liability Cases: Analysis of Eiland v. Westinghouse

Remittitur in Product Liability Cases: Analysis of Eiland v. Westinghouse

Date: Jul 15, 1995
Remittitur in Product Liability Cases: Analysis of Eiland v. Westinghouse Introduction The case of Tony C. Eiland and Darlene Eiland v. Westinghouse Electric Corporation, adjudicated by the United...
Establishing Probable Cause in Warrantless Arrests: United States v. Wadley

Establishing Probable Cause in Warrantless Arrests: United States v. Wadley

Date: Jul 14, 1995
Establishing Probable Cause in Warrantless Arrests: United States v. Wadley Introduction The case of United States of America v. Marcus Wadley, 59 F.3d 510 (5th Cir. 1995), presents a pivotal...
Martinez v. Chater: Upholding Substantial Evidence in Disability Benefit Denials

Martinez v. Chater: Upholding Substantial Evidence in Disability Benefit Denials

Date: Jul 11, 1995
Martinez v. Chater: Upholding Substantial Evidence in Disability Benefit Denials Introduction Martinez v. Chater is a landmark case decided by the United States Court of Appeals for the Fifth Circuit...
Insulin-Dependent Diabetes as a Non-Qualifying Disability under the ADA: Analysis of Daugherty v. City of El Paso

Insulin-Dependent Diabetes as a Non-Qualifying Disability under the ADA: Analysis of Daugherty v. City of El Paso

Date: Jul 4, 1995
Insulin-Dependent Diabetes as a Non-Qualifying Disability under the ADA: Analysis of Daugherty v. City of El Paso Introduction The case of Carl Daugherty v. The City of El Paso (56 F.3d 695)...
Vought Aircraft Company v. Mayberry: Affirmation of Summary Judgment in Employment Discrimination Case

Vought Aircraft Company v. Mayberry: Affirmation of Summary Judgment in Employment Discrimination Case

Date: Jun 29, 1995
Vought Aircraft Company v. Mayberry: Affirmation of Summary Judgment in Employment Discrimination Case Introduction The case of Robert Mayberry versus Vought Aircraft Company was adjudicated in the...
Qualified Immunity in School Authority: Hassan v. Lubbock ISD

Qualified Immunity in School Authority: Hassan v. Lubbock ISD

Date: Jun 28, 1995
Qualified Immunity in School Authority: Hassan v. Lubbock ISD Introduction Issam Hassan, as Next Friend of Ameen Hassan, a Minor Child, brought forth a lawsuit against the Lubbock Independent School...
Affirmation of 'Tends to Cause Death' Standard in Attempted Murder: Weeks v. Scott

Affirmation of 'Tends to Cause Death' Standard in Attempted Murder: Weeks v. Scott

Date: Jun 24, 1995
Affirmation of 'Tends to Cause Death' Standard in Attempted Murder: Weeks v. Scott Introduction Weeks v. Scott is a pivotal case decided by the United States Court of Appeals for the Fifth Circuit on...
Reich v. Lancaster: Affirmation of Fiduciary Responsibilities under ERISA

Reich v. Lancaster: Affirmation of Fiduciary Responsibilities under ERISA

Date: Jun 23, 1995
Reich v. Lancaster: Affirmation of Fiduciary Responsibilities under ERISA Introduction The case of Robert B. Reich, Secretary of the United States Department of Labor v. Jerry D. Lancaster, et al....
Limits on Federally Appointed Counsel in Death Penalty Cases: STERLING v. SCOTT

Limits on Federally Appointed Counsel in Death Penalty Cases: STERLING v. SCOTT

Date: Jun 23, 1995
Limits on Federally Appointed Counsel in Death Penalty Cases: STERLING v. SCOTT Introduction Gary Sterling, an indigent defendant, was convicted of murder and subsequently sentenced to death by a...
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