5th Circuit Case Commentaries

Entitlement to Surplus Assets in Employer-Funded Defined Benefit Plans: Analysis of Borst v. Chevron

Date: Dec 2, 1994

Entitlement to Surplus Assets in Employer-Funded Defined Benefit Plans: Analysis of Borst v. Chevron Introduction The case of Dean Borst, et al. v. Chevron Corp., et al. (36 F.3d 1308) adjudicated by...

Karl Rove Co. v. Thornburgh: Establishing Personal Liability of Political Candidates for Campaign Committee Debts

Date: Dec 1, 1994

Karl Rove Co. v. Thornburgh: Establishing Personal Liability of Political Candidates for Campaign Committee Debts Introduction The case of Karl Rove Company v. Thornburgh, et al. adjudicated by the...

St. Paul Insurance Co. v. Trejo: Upholding Diversity Jurisdiction in Declaratory Judgment Actions Amid Worker’s Compensation Claims

Date: Nov 30, 1994

St. Paul Insurance Co. v. Trejo: Upholding Diversity Jurisdiction in Declaratory Judgment Actions Amid Worker’s Compensation Claims Introduction In The St. Paul Insurance Company v. Estanislado...

Affirmation of Summary Judgment in Malicious Prosecution and False Arrest Claims: Taylor and Dixon v. Gregg and City of Lubbock

Date: Nov 29, 1994

Affirmation of Summary Judgment in Malicious Prosecution and False Arrest Claims: Taylor and Dixon v. Gregg and City of Lubbock Introduction The case of Taylor and Dixon v. Gregg and City of Lubbock...

Armstead v. Scott: Reinforcing the Presumption of Correctness and Strickland/Hill Standards in Ineffective Assistance Claims

Date: Nov 29, 1994

Armstead v. Scott: Reinforcing the Presumption of Correctness and Strickland/Hill Standards in Ineffective Assistance Claims Introduction Armstead v. Scott is a pivotal case adjudicated by the United...

Enforcing Choice-of-Law Provisions in Interstate Contracts: Cherokee Pump Equipment Inc. v. Aurora Pump

Date: Nov 24, 1994

Enforcing Choice-of-Law Provisions in Interstate Contracts: Cherokee Pump Equipment Inc. v. Aurora Pump Introduction Cherokee Pump Equipment Inc. v. Aurora Pump is a landmark case adjudicated by the...

Substitution of Prime Rates and Continuity in Interest Calculations Post-Bank Failure: Ginsberg v. Cadle

Date: Nov 24, 1994

Substitution of Prime Rates and Continuity in Interest Calculations Post-Bank Failure: Ginsberg v. Cadle Introduction In Ginsberg 1985 Real Estate Partnership v. The Cadle Company, the United States...

Affirmation of § 1927 Sanctions for Unreasonable Multiplication of Proceedings: Travelers Insurance Co. v. St. Jude Hospital of Kenner

Date: Nov 22, 1994

Affirmation of § 1927 Sanctions for Unreasonable Multiplication of Proceedings Introduction In the case of Travelers Insurance Company v. St. Jude Hospital of Kenner, La., Inc., et al., Kenneth C....

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5th Circuit Case Commentaries

Entitlement to Surplus Assets in Employer-Funded Defined Benefit Plans: Analysis of Borst v. Chevron

Karl Rove Co. v. Thornburgh: Establishing Personal Liability of Political Candidates for Campaign Committee Debts

St. Paul Insurance Co. v. Trejo: Upholding Diversity Jurisdiction in Declaratory Judgment Actions Amid Worker’s Compensation Claims

Affirmation of Summary Judgment in Malicious Prosecution and False Arrest Claims: Taylor and Dixon v. Gregg and City of Lubbock

Armstead v. Scott: Reinforcing the Presumption of Correctness and Strickland/Hill Standards in Ineffective Assistance Claims

Enforcing Choice-of-Law Provisions in Interstate Contracts: Cherokee Pump Equipment Inc. v. Aurora Pump

Substitution of Prime Rates and Continuity in Interest Calculations Post-Bank Failure: Ginsberg v. Cadle

Affirmation of § 1927 Sanctions for Unreasonable Multiplication of Proceedings: Travelers Insurance Co. v. St. Jude Hospital of Kenner

Strict Enforcement of Judicial Recusal and Sanctions: Travelers Insurance Co. v. Liljeberg Enterprises, Inc.

Reasonableness of Institutional Searches in Emergencies: Elliott v. Lynn

Retaliation Under Title VII and §1983: Insights from Pierce v. Texas Department of Criminal Justice

United States v. Segler: Clarifying the Scope of Post-Conviction Relief under 28 U.S.C. § 2255

Portis v. First National Bank: Direct Evidence of Intentional Sex Discrimination Overcomes Summary Dismissal

Houston Pipe Line Co. v. United States: Affirmation of Non-Deductibility of Stock Redemption Costs

Interpretation of 'Intercept' Under ECPA: Fifth Circuit's Affirmation in Steve Jackson Games v. U.S. Secret Service

Enforcement of Settlement Agreements and Denial of Attorney's Fees Under 42 U.S.C. § 1988

Affirmation of Summary Judgment in Products Liability: Reinforcing Evidentiary Burden on Plaintiffs

Faddoul v. INS: Asylum and Deportation Standards for Stateless Individuals under INA

Clarifying 'Abuse of Writ' Standards in Habeas Corpus Petitions: United States v. Tubwell

Establishing §1983 as a Viable Remedy for Challenges to Parole Board Procedures Involving Voided Convictions