5th Circuit Case Commentaries

Affirmation of Summary Judgment in §1983 Prisoner Claims: Insights from Woods v. Edwards

Date: May 11, 1995

Affirmation of Summary Judgment in §1983 Prisoner Claims: Insights from Woods v. Edwards Introduction Woods v. Edwards, 51 F.3d 577 (5th Cir. 1995), is a notable case adjudicated by the United States...

Absence of Contribution Cause of Action Under Bankruptcy Code §362: In re Walker v. Cadle Co.

Date: May 10, 1995

Absence of Contribution Cause of Action Under Bankruptcy Code §362: In re Walker v. Cadle Co. Introduction The appellate case of In re Walker v. Cadle Company, decided by the United States Court of...

No Protectible Liberty Interest in Extended Lockdown: Giovanni v. Lynn

Date: May 4, 1995

No Protectible Liberty Interest in Extended Lockdown: Giovanni v. Lynn Introduction Edward Giovanni v. Bruce Lynn, Secretary of the Department of Correction, et al., [48 F.3d 908 (5th Cir....

Preemption of State DTPA Claims by the Longshore and Harbor Workers' Compensation Act: Analysis of Hetzel v. Bethlehem Steel Corporation

Date: Apr 25, 1995

Preemption of State DTPA Claims by the Longshore and Harbor Workers' Compensation Act: Analysis of Hetzel v. Bethlehem Steel Corporation Introduction Hetzel v. Bethlehem Steel Corporation, 50 F.3d...

Judicial Improvements Act of 1990 Overrules Zahn: Comprehensive Analysis of In re Abbott Laboratories et al.

Date: Apr 25, 1995

Judicial Improvements Act of 1990 Overrules Zahn: Comprehensive Analysis of In re Abbott Laboratories et al. Introduction In the landmark case In re Abbott Laboratories, Bristol-Myers Squibb Company,...

Affirming Exigent Circumstances Justifying Warrantless Entry and Upholding Joint Counsel Representation - United States v. Rico

Date: Apr 22, 1995

Affirming Exigent Circumstances Justifying Warrantless Entry and Upholding Joint Counsel Representation United States v. Debra Robinson Rico and Manuel Armando Rico Court: United States Court of...

State-Created Danger and Statute of Limitations in Civil Rights Litigation: An Analysis of Piotrowski v. City of Houston

Date: Apr 22, 1995

State-Created Danger and Statute of Limitations in Civil Rights Litigation: An Analysis of Piotrowski v. City of Houston Introduction Piotrowski v. City of Houston is a significant case adjudicated...

Southmark Corp. v. Grosz: Defining the Debtor's Estate in Commingled Funds for Preference Avoidance under 11 U.S.C. §547

Date: Apr 15, 1995

Southmark Corp. v. Grosz: Defining the Debtor's Estate in Commingled Funds for Preference Avoidance under 11 U.S.C. §547 Introduction The case of Southmark Corporation v. Joseph Grosz (49 F.3d 1111)...

Constructive Knowledge and Overtime Compensation: Insights from Newton v. City of Henderson

Date: Apr 14, 1995

Constructive Knowledge and Overtime Compensation: Insights from Newton v. City of Henderson Introduction The case Stephen R. Newton v. City of Henderson, adjudicated by the United States Court of...

Balancing Attorney Disqualification and Counsel Choice: Insights from FDIC v. U.S. Fire Insurance Company

Date: Apr 13, 1995

Balancing Attorney Disqualification and Counsel Choice: Insights from FDIC v. U.S. Fire Insurance Company Introduction Federal Deposit Insurance Corporation, as Manager for the FSLIC Resolution Fund,...

Clarifying Attorney’s Fees and Lodestar Adjustments in Antitrust Litigation: Louisiana Power Light Co. v. Kellstrom

Date: Apr 11, 1995

Clarifying Attorney’s Fees and Lodestar Adjustments in Antitrust Litigation: Louisiana Power Light Co. v. Kellstrom Introduction The case of Louisiana Power Light Company v. Francis S. Kellstrom et...

Affirmation of Third-Party Consent and Apparent Authority in Warrantless Searches under the Fourth Amendment

Date: Apr 11, 1995

Affirmation of Third-Party Consent and Apparent Authority in Warrantless Searches under the Fourth Amendment Introduction The case of United States of America v. Mary Jane Jenkins et al. (46 F.3d...

Affirmation of Summary Judgment in Engstrom v. First National Bank: Clarifying Application of the Soldiers' and Sailors' Civil Relief Act

Date: Mar 30, 1995

Affirmation of Summary Judgment in Engstrom v. First National Bank: Clarifying Application of the Soldiers' and Sailors' Civil Relief Act Introduction The case of John T. Engstrom, et al. v. The...

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5th Circuit Case Commentaries

Affirmation of Summary Judgment in §1983 Prisoner Claims: Insights from Woods v. Edwards

Absence of Contribution Cause of Action Under Bankruptcy Code §362: In re Walker v. Cadle Co.

No Protectible Liberty Interest in Extended Lockdown: Giovanni v. Lynn

Preemption of State DTPA Claims by the Longshore and Harbor Workers' Compensation Act: Analysis of Hetzel v. Bethlehem Steel Corporation

Judicial Improvements Act of 1990 Overrules Zahn: Comprehensive Analysis of In re Abbott Laboratories et al.

Affirming Exigent Circumstances Justifying Warrantless Entry and Upholding Joint Counsel Representation - United States v. Rico

State-Created Danger and Statute of Limitations in Civil Rights Litigation: An Analysis of Piotrowski v. City of Houston

Southmark Corp. v. Grosz: Defining the Debtor's Estate in Commingled Funds for Preference Avoidance under 11 U.S.C. §547

Constructive Knowledge and Overtime Compensation: Insights from Newton v. City of Henderson

Balancing Attorney Disqualification and Counsel Choice: Insights from FDIC v. U.S. Fire Insurance Company

Clarifying Attorney’s Fees and Lodestar Adjustments in Antitrust Litigation: Louisiana Power Light Co. v. Kellstrom

Affirmation of Third-Party Consent and Apparent Authority in Warrantless Searches under the Fourth Amendment

Affirmation of Summary Judgment in Engstrom v. First National Bank: Clarifying Application of the Soldiers' and Sailors' Civil Relief Act

Accidental Death Defined Under ERISA in Cases of Autoerotic Asphyxiation

Equitable Tolling Not Available for FTCA Claims When Statutory Remedies Exist

Preserving Judicial Impartiality: The Standard for Judge Recusal under 28 U.S.C. § 455(a) in United States v. Jordan

Affirmation of Non-Pretextual Promotion Denial under ADEA

HALE v. TOWNLEY: Defining the Scope of Qualified Immunity in Retaliation Claims under Section 1983

Enforcement of Ipso Facto Clauses in Bank Insolvency: Bank One v. Prudential Insurance Co.

FTCA Liability Requires Breach of State Law Duty: JOHNSON v. SAWYER