5th Circuit Case Commentaries

Defining "Similarly Situated" in ADEA Representative Actions: Fifth Circuit Affirms Decertification

Date: Jun 21, 1995

Defining "Similarly Situated" in ADEA Representative Actions: Fifth Circuit Affirms Decertification Introduction The case of Robert R. Mooney, et al. v. Aramco Services Co., et al. adjudicated by the...

Fifth Circuit Revises Stance on Polygraph Evidence Following Daubert Decision

Date: Jun 21, 1995

Fifth Circuit Revises Stance on Polygraph Evidence Following Daubert Decision Introduction In the landmark case of United States of America v. Miriam Henao Posado et al., the United States Court of...

Involuntary Plea and Ineffective Counsel: Insights from RONNIE JAMES v. BURL CAIN

Date: Jun 21, 1995

Involuntary Plea and Ineffective Counsel: Insights from RONNIE JAMES v. BURL CAIN Introduction RONNIE JAMES v. BURL CAIN, 56 F.3d 662 (5th Cir. 1995), represents a significant appellate decision that...

Arbitrary Enforcement in Employment Disputes: Williams v. Cigna Financial Advisors

Date: Jun 20, 1995

Enforcing Arbitration in Employment Disputes: Williams v. Cigna Financial Advisors Introduction In Williams v. Cigna Financial Advisors, Inc., the United States Court of Appeals for the Fifth Circuit...

Abuse of Writ Doctrine Reinforced in Fearance v. Scott: Implications for Serial Habeas Corpus Petitions

Date: Jun 19, 1995

Abuse of Writ Doctrine Reinforced in Fearance v. Scott: Implications for Serial Habeas Corpus Petitions Introduction John Fearance, Jr., the petitioner-appellant, has been at the center of a...

Strict Compliance with Notice Requirements under 21 U.S.C. § 851(a) for Sentencing Enhancements

Date: Jun 14, 1995

Strict Compliance with Notice Requirements under 21 U.S.C. § 851(a) for Sentencing Enhancements Introduction The case of United States of America v. Sandy Steen, Jr. and Bernel Ruiz, reported at 55...

Retroactive Sentencing Guidelines and Right to Counsel: Insights from United States v. Whitebird

Date: Jun 10, 1995

Retroactive Sentencing Guidelines and Right to Counsel: Insights from United States v. Whitebird Introduction In the landmark case of United States of America v. Malcolm Jones Whitebird, 55 F.3d 1007...

ECOA Waiver of Federal Sovereign Immunity Confirmed: Moore v. USDA

Date: Jun 7, 1995

ECOA Waiver of Federal Sovereign Immunity Confirmed: Moore v. USDA Introduction In Moore v. United States Department of Agriculture, 55 F.3d 991 (5th Cir. 1995), the United States Court of Appeals...

Establishing Probable Cause Through Olfactory Evidence in Drug Conspiracy Cases: Gibson v. United States

Date: Jun 6, 1995

Establishing Probable Cause Through Olfactory Evidence in Drug Conspiracy Cases: Gibson v. United States Introduction Gibson v. United States is a landmark decision by the United States Court of...

Dutcher v. Ingalls Shipbuilding: Defining Disability Under the ADA

Date: Jun 6, 1995

Dutcher v. Ingalls Shipbuilding: Defining Disability Under the ADA Introduction Case Citation: Tamela J. Dutcher v. Ingalls Shipbuilding, 53 F.3d 723 (5th Cir. 1995) Court: United States Court of...

Exhaustion of Administrative Remedies for Monetary Damages in Section 1983 Suits Affirmed

Date: Jun 3, 1995

Exhaustion of Administrative Remedies for Monetary Damages in Section 1983 Suits Affirmed Introduction Tanya Marsh v. Johnnie W. Jones, Jr., Warden, et al. serves as a pivotal case in the realm of...

Prepayment Premiums Not Usurious Under Texas Law: Analysis of C.C. Port, Ltd. v. Davis-Penn Mortgage Company

Date: Jun 2, 1995

Prepayment Premiums Not Usurious Under Texas Law: Analysis of C.C. Port, Ltd. v. Davis-Penn Mortgage Company Introduction The case of C.C. Port, Ltd., a Texas Limited Partnership, and Weil...

Authority of Liquidating Trustee to Assert Avoidance Actions in Chapter 11 Plans

Date: Jun 2, 1995

Authority of Liquidating Trustee to Assert Avoidance Actions in Chapter 11 Plans Introduction The case of Van E. McFarland and McFarland Tondre v. Steven A. Leyh, Trustee of the Liquidating Trust of...

Enhancing the Good Cause Exception: Confrontation Rights in Supervised Release Revocation

Date: May 25, 1995

Enhancing the Good Cause Exception: Confrontation Rights in Supervised Release Revocation Introduction The case of United States of America v. Woody Hyatt McCormick, Jr. (54 F.3d 214) addresses...

Federal Jurisdiction Reinforced: Understanding the Limits of Removal in Avitts v. Amoco Production Co.

Date: May 23, 1995

Federal Jurisdiction Reinforced: Understanding the Limits of Removal in Avitts v. Amoco Production Co. Introduction The case of W.H. Avitts, et al. v. Amoco Production Co., et al. (53 F.3d 690)...

Expanding the Scope of Vehicle Search Consent: Insights from United States v. McSween

Date: May 20, 1995

Expanding the Scope of Vehicle Search Consent: Insights from United States v. McSween Introduction United States of America v. Gerry Carlyle McSween, 53 F.3d 684 (5th Cir. 1995), is a pivotal case...

BILOXI BELLE Classification under the Jones Act: A Comprehensive Analysis

Date: May 20, 1995

BILOXI BELLE Classification under the Jones Act: A Comprehensive Analysis Introduction In Christopher Pavone v. Mississippi Riverboat Amusement Corporation, et al., and Kathleen L. Ketzel v....

Establishing Sedentary Work Standards in Disability Benefits: Vaughan v. Shalala

Date: May 18, 1995

Establishing Sedentary Work Standards in Disability Benefits: Vaughan v. Shalala Introduction Vaughan v. Shalala is a pivotal case adjudicated by the United States Court of Appeals for the Fifth...

Establishing the K-2 as a Non-Vessel: Implications for Jones Act and LHWCA Claims

Date: May 12, 1995

Establishing the K-2 as a Non-Vessel: Implications for Jones Act and LHWCA Claims Introduction The case of David Burchett and Cheryl Burchett v. Cargill, Inc. addresses critical issues surrounding...

Hostile Work Environment Claims Require Severe and Pervasive Conduct: Insights from DeAngelis v. El Paso Municipal Police Officers Association

Date: May 11, 1995

Hostile Work Environment Claims Require Severe and Pervasive Conduct: Insights from DeAngelis v. El Paso Municipal Police Officers Association Introduction DeAngelis v. El Paso Municipal Police...

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