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  • Commentaries
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5th Circuit Case Commentaries

Disgorgement of Excessive Attorney Fees in Bankruptcy Proceedings: Insights from Arens v. Boughton

Disgorgement of Excessive Attorney Fees in Bankruptcy Proceedings: Insights from Arens v. Boughton

Date: Feb 8, 1995
Disgorgement of Excessive Attorney Fees in Bankruptcy Proceedings: Insights from Arens v. Boughton Introduction The case of John F. Arens v. Al Boughton, Trustee, et al., adjudicated by the United...
Affirmation of Drug Trafficking Convictions: Allocution Rights, Prosecutorial Conduct, and Sentencing Guidelines

Affirmation of Drug Trafficking Convictions: Allocution Rights, Prosecutorial Conduct, and Sentencing Guidelines

Date: Feb 3, 1995
Affirmation of Drug Trafficking Convictions: Allocution Rights, Prosecutorial Conduct, and Sentencing Guidelines Introduction In the case of United States of America v. Jerry Washington and Herbert...
Balancing First Amendment Rights and Whistleblower Protections: Insights from Davis v. Ector County

Balancing First Amendment Rights and Whistleblower Protections: Insights from Davis v. Ector County

Date: Feb 2, 1995
Balancing First Amendment Rights and Whistleblower Protections: Insights from Davis v. Ector County Introduction Jerry Davis v. Ector County, Texas, et al. is a pivotal case adjudicated by the United...
Affirmation of Drug Conspiracy Convictions: Reasonable Suspicion and Probable Cause in Border Patrol Operations

Affirmation of Drug Conspiracy Convictions: Reasonable Suspicion and Probable Cause in Border Patrol Operations

Date: Jan 31, 1995
Affirmation of Drug Conspiracy Convictions: Reasonable Suspicion and Probable Cause in Border Patrol Operations Introduction The case of United States of America v. Daniel Inocencio, Evaristo...
Defining Magistrate Authority and the Distinction Between Civil and Criminal Contempt in Post-Judgment Discovery: FDIC v. Roughton

Defining Magistrate Authority and the Distinction Between Civil and Criminal Contempt in Post-Judgment Discovery: FDIC v. Roughton

Date: Jan 27, 1995
Defining Magistrate Authority and the Distinction Between Civil and Criminal Contempt in Post-Judgment Discovery: FDIC v. Roughton Introduction In the landmark case of Federal Deposit Insurance...
Qualified Immunity Upholds Reasonable Police Judgment in Public Intoxication Arrests: Gibson v. Rich

Qualified Immunity Upholds Reasonable Police Judgment in Public Intoxication Arrests: Gibson v. Rich

Date: Jan 27, 1995
Qualified Immunity Upholds Reasonable Police Judgment in Public Intoxication Arrests: Gibson v. Rich Introduction The case of James G. Gibson v. P.A. Rich (44 F.3d 274) adjudicated by the United...
Qualified Immunity and Municipal Policy in Negligent Misidentification Cases: Campbell v. City of San Antonio

Qualified Immunity and Municipal Policy in Negligent Misidentification Cases: Campbell v. City of San Antonio

Date: Jan 20, 1995
Qualified Immunity and Municipal Policy in Negligent Misidentification Cases: Campbell v. City of San Antonio Introduction In the landmark case of Gloria Campbell v. City of San Antonio et al., the...
ERISA Preemption in Third-Party Fraud Claims: Hubbard v. Blue Cross Blue Shield Association

ERISA Preemption in Third-Party Fraud Claims: Hubbard v. Blue Cross Blue Shield Association

Date: Jan 13, 1995
ERISA Preemption in Third-Party Fraud Claims: Hubbard v. Blue Cross Blue Shield Association Introduction Rebecca T. Hubbard and her husband, Jim Hubbard, brought a legal action against the Blue Cross...
Preemption of State Law Claims by Federal Copyright Law and the Enforcement of Statutes of Limitations

Preemption of State Law Claims by Federal Copyright Law and the Enforcement of Statutes of Limitations

Date: Jan 13, 1995
Preemption of State Law Claims by Federal Copyright Law and the Enforcement of Statutes of Limitations Introduction The case of MARIO A. DABOUB, D/B/A THE NIGHTCAPS, ET AL., PLAINTIFFS-APPELLANTS, v....
Protecting Free Speech in Private Business Operations: Insights from Blackburn v. Marshall City

Protecting Free Speech in Private Business Operations: Insights from Blackburn v. Marshall City

Date: Jan 13, 1995
Protecting Free Speech in Private Business Operations: Insights from Blackburn v. Marshall City Introduction Blackburn v. Marshall City, 42 F.3d 925 (5th Cir. 1995), is a pivotal case addressing the...
Reaffirming Aiding and Abetting Standards in Narcotics Cases: United States v. Jaramillo

Reaffirming Aiding and Abetting Standards in Narcotics Cases: United States v. Jaramillo

Date: Jan 11, 1995
Reaffirming Aiding and Abetting Standards in Narcotics Cases: United States v. Jaramillo Introduction United States of America v. Martha Jaramillo is a pivotal case decided by the United States Court...
Enforcing Guaranties on Promissory Notes: Insights from Resolution Trust Corporation v. Starkey

Enforcing Guaranties on Promissory Notes: Insights from Resolution Trust Corporation v. Starkey

Date: Jan 10, 1995
Enforcing Guaranties on Promissory Notes: Insights from Resolution Trust Corporation v. Starkey Introduction The case of Resolution Trust Corporation (RTC) v. Jerry L. Starkey, et al., 41 F.3d 1018...
Heightened Pleading Standards in Qualified Immunity: Insights from Wicks v. Mississippi State Employment Services

Heightened Pleading Standards in Qualified Immunity: Insights from Wicks v. Mississippi State Employment Services

Date: Jan 7, 1995
Heightened Pleading Standards in Qualified Immunity: Insights from Wicks v. Mississippi State Employment Services Introduction The case of George Wicks, Sr. v. Mississippi State Employment Services,...
Substantial Evidence Standards in Disability Determinations: Greenspan v. Shalala

Substantial Evidence Standards in Disability Determinations: Greenspan v. Shalala

Date: Dec 31, 1994
Substantial Evidence Standards in Disability Determinations: Greenspan v. Shalala Introduction In the landmark case of Patricia Greenspan v. Donna E. Shalala, adjudicated by the United States Court...
Affirmation of Habeas Corpus Denial in Capital Murder Case: Legal Implications and Precedents

Affirmation of Habeas Corpus Denial in Capital Murder Case: Legal Implications and Precedents

Date: Dec 22, 1994
Affirmation of Habeas Corpus Denial in Capital Murder Case: Legal Implications and Precedents Introduction In the landmark case of Fletcher Thomas Mann v. Wayne Scott, the United States Court of...
Liability of School Districts Under §1983: Analyzing Johnson v. Dallas Independent School District

Liability of School Districts Under §1983: Analyzing Johnson v. Dallas Independent School District

Date: Dec 15, 1994
Liability of School Districts Under §1983: Analyzing Johnson v. Dallas Independent School District Introduction Andrew Johnson v. Dallas Independent School District and Donnie Breedlove is a seminal...
ERISA Preemption and Employer Negligence Claims: Insight into Hook v. Morrison Milling Company

ERISA Preemption and Employer Negligence Claims: Insight into Hook v. Morrison Milling Company

Date: Dec 14, 1994
ERISA Preemption and Employer Negligence Claims: Insight into Hook v. Morrison Milling Company Introduction The case Roxanne Hook v. The Morrison Milling Company (38 F.3d 776) adjudicated by the...
Section 301 of LMRA Preempts State Labor Claims Dependent on CBA: Thomas v. LTV Corporation

Section 301 of LMRA Preempts State Labor Claims Dependent on CBA: Thomas v. LTV Corporation

Date: Dec 14, 1994
Section 301 of LMRA Preempts State Labor Claims Dependent on CBA: Thomas v. LTV Corporation Introduction In Thomas v. LTV Corporation, the United States Court of Appeals for the Fifth Circuit...
Reaffirmation of 'Abuse of Discretion' Standard in ERISA Disability Claims

Reaffirmation of 'Abuse of Discretion' Standard in ERISA Disability Claims

Date: Dec 10, 1994
Reaffirmation of 'Abuse of Discretion' Standard in ERISA Disability Claims Introduction Cynthia Sweatman v. Commercial Union Insurance Co., 39 F.3d 594 (5th Cir. 1994), is a pivotal case within the...
Affirmation of Laches in Employment Discrimination: National Association of Government Employees v. City Public Service Board of San Antonio

Affirmation of Laches in Employment Discrimination: National Association of Government Employees v. City Public Service Board of San Antonio

Date: Dec 7, 1994
Affirmation of Laches in Employment Discrimination: National Association of Government Employees v. City Public Service Board of San Antonio Introduction The case of National Association of...
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