5th Circuit Case Commentaries

Affirmation of Summary Judgment: Reinforcing Standards for Ineffective Assistance of Counsel Claims in Habeas Corpus Proceedings

Date: May 27, 1999

Affirmation of Summary Judgment: Reinforcing Standards for Ineffective Assistance of Counsel Claims in Habeas Corpus Proceedings Introduction In the landmark case of James Beathard v. Gary Johnson,...

Invalid Transfer of 'SUGARBUSTERS' Service Mark and Unfair Competition Considerations: Sugar Busters LLC v. Brennan

Date: May 26, 1999

Invalid Transfer of 'SUGARBUSTERS' Service Mark and Unfair Competition Considerations: Sugar Busters LLC v. Brennan Introduction In the landmark case Sugar Busters LLC v. Brennan, the United States...

Deliberate Indifference and Minimal Liberty Interests in Eighth Amendment Claims: Harper v. Mississippi Department of Corrections

Date: May 25, 1999

Deliberate Indifference and Minimal Liberty Interests in Eighth Amendment Claims: Harper v. Mississippi Department of Corrections Introduction Harper v. Mississippi Department of Corrections is a...

Current Drug Use Exclusion under the ADA Affirmed in At-Will Employment: Zenor v. Columbia Medical Center-East

Date: May 25, 1999

Current Drug Use Exclusion under the ADA Affirmed in At-Will Employment: Zenor v. Columbia Medical Center-East Introduction The case of Tom Zenor v. El Paso Healthcare System, Ltd., d/b/a Columbia...

Purposeful Availment and Personal Jurisdiction: Insights from Electrosource Inc. v. Horizon Battery Technologies, Limited

Date: May 25, 1999

Purposeful Availment and Personal Jurisdiction: Insights from Electrosource Inc. v. Horizon Battery Technologies, Limited Introduction The case of Electrosource, Inc. v. Horizon Battery Technologies...

Fisher v. Johnson: Defining the Boundaries of Equitable Tolling under AEDPA

Date: May 25, 1999

Fisher v. Johnson: Defining the Boundaries of Equitable Tolling under AEDPA Introduction In the landmark case Fisher v. Johnson, adjudicated by the United States Court of Appeals for the Fifth...

Affirmation of Procedural Bars in Federal Habeas Corpus: JOHNSON v. MISSISSIPPI

Date: May 21, 1999

Affirmation of Procedural Bars in Federal Habeas Corpus: JOHNSON v. MISSISSIPPI Introduction Samuel Rice Johnson appealed the denial of his habeas corpus application by the United States Court of...

Admissibility of Expert Testimony in Toxic Tort Cases: Dixon v. MS Petroleum

Date: May 21, 1999

Admissibility of Expert Testimony in Toxic Tort Cases: Dixon v. MS Petroleum Introduction In the landmark case of Dixon v. MS Petroleum, the United States Court of Appeals for the Fifth Circuit...

Strict Enforcement of Notice Requirements in Claims-Made Insurance Policies: MATADOR PETROLEUM CORP. v. ST PAUL SURPLUS LINES INSURANCE CO.

Date: May 15, 1999

Strict Enforcement of Notice Requirements in Claims-Made Insurance Policies Introduction In the case of Matador Petroleum Corporation v. St. Paul Surplus Lines Insurance Company, decided by the...

Eleventh Amendment Immunity and the Orleans Parish District Attorney's Office: A Comprehensive Analysis

Date: May 14, 1999

Eleventh Amendment Immunity and the Orleans Parish District Attorney's Office: A Comprehensive Analysis Introduction The case of Keith Hudson v. City of New Orleans; District Attorney's Office; Susan...

Lemoine v. New Horizons Ranch: Redefining Qualified Immunity in Substantive Due Process Claims

Date: May 13, 1999

Lemoine v. New Horizons Ranch: Redefining Qualified Immunity in Substantive Due Process Claims Introduction The case of Lemoine v. New Horizons Ranch and Center, Inc. (174 F.3d 629) adjudicated by...

Clarifying Actual Damages Calculation in Limited Partnership Derivative Actions: Thomas v. Barton Lodge II, Ltd.

Date: May 13, 1999

Clarifying Actual Damages Calculation in Limited Partnership Derivative Actions: Thomas v. Barton Lodge II, Ltd. Introduction The case of Thomas v. Barton Lodge II, Ltd. (174 F.3d 636) adjudicated by...

First-to-File Rule and Judicial Economy in RICO Claims: The Cadle Company v. Whataburger Precedent

Date: May 8, 1999

First-to-File Rule and Judicial Economy in RICO Claims: The Cadle Company v. Whataburger Precedent Introduction The Cadle Company v. Whataburger of Alice, Inc. et al. is a landmark case decided by...

Affirmed: Deliberate Indifference Under the Eighth Amendment in Prison Medical Care – Stewart v. Murphy

Date: Apr 28, 1999

Affirmed: Deliberate Indifference Under the Eighth Amendment in Prison Medical Care – Stewart v. Murphy Introduction The case of Stewart v. Murphy adjudicated by the United States Court of Appeals...

Fifth Circuit Clarifies ESOPs and Class Representation under ERISA: Matassarin v. Great Empire Broadcasting

Date: Apr 28, 1999

Fifth Circuit Clarifies ESOPs and Class Representation under ERISA: Matassarin v. Great Empire Broadcasting Introduction The case of Patricia J. Matassarin v. Great Empire Broadcasting, Inc....

Retaliatory Actions Against Elected Officials: Limits of First Amendment Protections in Colson v. Grohman et al.

Date: Apr 27, 1999

Retaliatory Actions Against Elected Officials: Limits of First Amendment Protections in Colson v. Grohman et al. Introduction The case of Joy Niday Colson v. Paul Grohman, Mike Hogg, Jack Roberts,...

Fifth Circuit Establishes Rigorous Standards for FLSA Exemptions and Attorneys' Fees Enhancements

Date: Apr 22, 1999

Fifth Circuit Establishes Rigorous Standards for FLSA Exemptions and Attorneys' Fees Enhancements Introduction In the landmark case of Kelly Heidtman et al. v. County of El Paso; City of El Paso,...

Retroactive Interpretation of 'Conviction' under IIRIRA § 322(a): Moosa v. INS

Date: Apr 20, 1999

Retroactive Interpretation of "Conviction" under IIRIRA § 322(a): Moosa v. INS Introduction In the landmark case of Wazirali Moosa, also known as Wazir Ali Haider Ali Moosa; Zebunisa Wazirali Moosa...

Jurisdictional Boundaries of Bankruptcy Courts in Enforcing Judgments Against Spendthrift Trusts: Denney v. Bass

Date: Apr 16, 1999

Jurisdictional Boundaries of Bankruptcy Courts in Enforcing Judgments Against Spendthrift Trusts: Denney v. Bass Introduction In the landmark case Denney v. Bass, the United States Court of Appeals...

Prosecutorial Immunity Affirmed: Comprehensive Analysis of Kerr v. Lyford (5th Cir. 1999)

Date: Apr 15, 1999

Prosecutorial Immunity Affirmed: Comprehensive Analysis of Kerr v. Lyford (5th Cir. 1999) Introduction In Kerr v. Lyford, the United States Court of Appeals for the Fifth Circuit addressed the...