5th Circuit Case Commentaries

Strict Standards for Qualification Disparities in Title VII Pretext Claims Established by Fifth Circuit

Date: Jan 20, 1999

Strict Standards for Qualification Disparities in Title VII Pretext Claims Established by Fifth Circuit Introduction The case of Walter Deines v. Texas Department of Protective and Regulatory...

Employer's Prompt and Effective Response to Harassment Allegations Exempts from Title VII Liability: Indest v. Freeman Decorating, Inc.

Date: Jan 20, 1999

Employer's Prompt and Effective Response to Harassment Allegations Exempts from Title VII Liability: Indest v. Freeman Decorating, Inc. Introduction Indest v. Freeman Decorating, Inc. is a landmark...

Fifth Circuit Clarifies Evidentiary Standards in Gender Discrimination Tenure Cases: Krystek v. USM

Date: Jan 15, 1999

Fifth Circuit Clarifies Evidentiary Standards in Gender Discrimination Tenure Cases: Krystek v. University of Southern Mississippi Introduction The case of Dennis J. Krystek v. University of Southern...

Establishing Employer Liability for Sexual Harassment and Retaliation: Sharp v. City of Houston

Date: Jan 13, 1999

Establishing Employer Liability for Sexual Harassment and Retaliation: Sharp v. City of Houston Introduction In the landmark case of Patrice Sharp v. City of Houston, the United States Court of...

Bankruptcy Court's Core Jurisdiction Over Malpractice Claims and Issue Preclusion in Chapter 11 Proceedings: Southmark Corp. v. Coopers Lybrand

Date: Jan 12, 1999

Bankruptcy Court's Core Jurisdiction Over Malpractice Claims and Issue Preclusion in Chapter 11 Proceedings: Southmark Corp. v. Coopers Lybrand Introduction Southmark Corporation, a real estate...

Gomez v. Chandler: Establishing the 'More than De Minimis' Threshold for Eighth Amendment Excessive Force Claims in the Fifth Circuit

Date: Jan 12, 1999

Gomez v. Chandler: Establishing the 'More than De Minimis' Threshold for Eighth Amendment Excessive Force Claims in the Fifth Circuit Introduction Gomez v. Chandler, 163 F.3d 921 (5th Cir. 1999) is a...

Kiser v. Johnson: Clarifying AEDPA’s Statute of Limitations in Habeas Corpus Petitions

Date: Jan 7, 1999

Kiser v. Johnson: Clarifying AEDPA’s Statute of Limitations in Habeas Corpus Petitions Introduction In the landmark case of Ben Lyndon Kiser v. Gary Johnson, the United States Court of Appeals for...

Ensuring Damages Reflect Evidence Over Jury Prejudice: Commentary on Whitehead v. Kmart

Date: Jan 7, 1999

Ensuring Damages Reflect Evidence Over Jury Prejudice: Commentary on Whitehead v. Kmart Introduction Whitehead v. Kmart, 163 F.3d 265 (5th Cir. 1999), addresses critical issues surrounding premises...

Kathy Lawrence v. UTMB: Upholding Summary Judgment in Employment Discrimination Claims

Date: Jan 6, 1999

Kathy Lawrence v. UTMB: Upholding Summary Judgment in Employment Discrimination Claims Introduction The case of Kathy Lawrence v. University of Texas Medical Branch at Galveston (UTMB) involves...

FMLA's Applicability in Post-Adoption Employment Retaliation: Bocalbos v. National Western Life Insurance Co.

Date: Dec 29, 1998

FMLA's Applicability in Post-Adoption Employment Retaliation: Bocalbos v. National Western Life Insurance Co. Introduction The case of Bernardo G. Bocalbos v. National Western Life Insurance Company...

Exhaustion of Administrative Remedies in §1983 Civil Rights Actions: Chandler Wendell Jr. v. Lloyd Asher et al.

Date: Dec 25, 1998

Exhaustion of Administrative Remedies in §1983 Civil Rights Actions: Chandler Wendell Jr. v. Lloyd Asher et al. Introduction The case of Chandler Wendell Jr. v. Lloyd Asher addresses the critical...

Creel v. Johnson: Non-Capital Classification for Lesser-Included Offense Instruction

Date: Dec 24, 1998

Creel v. Johnson: Non-Capital Classification for Lesser-Included Offense Instruction Introduction Creel v. Johnson is a significant appellate decision by the United States Court of Appeals for the...

Exhaustion of State Remedies and Ineffective Assistance of Counsel: Analysis of Jones v. Jones

Date: Dec 17, 1998

Exhaustion of State Remedies and Ineffective Assistance of Counsel: Analysis of Jones v. Jones Introduction Jones v. Jones, 163 F.3d 285 (5th Cir. 1998), addresses critical issues surrounding the...

Sonnié v. Johnson: Setting Precedent on AEDPA Statutory Limitations and COA Standards

Date: Dec 17, 1998

Sonnié v. Johnson: Setting Precedent on AEDPA Statutory Limitations and COA Standards Introduction Sonnié v. Johnson is a pivotal case adjudicated by the United States Court of Appeals for the Fifth...

United States v. Mario Ruiz Massieu: Affirmation of Forfeiture and Clarifications on Standing and Probable Cause

Date: Dec 16, 1998

United States v. Mario Ruiz Massieu: Affirmation of Forfeiture and Clarifications on Standing and Probable Cause Introduction In the landmark case of United States of America v. Mario Ruiz Massieu,...

Concurrent Supervised Release Terms Under 18 U.S.C. § 3624(e): Analysis of United States v. Hernandez-Guevara

Date: Dec 12, 1998

Concurrent Supervised Release Terms Under 18 U.S.C. § 3624(e): Analysis of United States v. Hernandez-Guevara Introduction United States v. Hernandez-Guevara, 162 F.3d 863 (5th Cir. 1998), addresses...

Exclusion of Co-Defendant's Confession and Its Implications: Little v. Johnson (1998)

Date: Dec 11, 1998

Exclusion of Co-Defendant's Confession and Its Implications: Little v. Johnson (1998) Introduction Little v. Johnson, 162 F.3d 855 (5th Cir. 1998), is a significant appellate decision that delves...

EPA's Authority to Set Zero Discharge Standards Upheld in Coastal Oil and Gas Effluent Guidelines

Date: Dec 11, 1998

EPA's Authority to Set Zero Discharge Standards Upheld in Coastal Oil and Gas Effluent Guidelines Introduction In the landmark case Texas Oil Gas Association et al. v. United States Environmental...

Material Breach in Transactional Immunity Agreements: The Castaneda Decision

Date: Dec 10, 1998

Material Breach in Transactional Immunity Agreements: The Castaneda Decision Introduction The case of United States of America v. Raymond Castaneda, adjudicated by the United States Court of Appeals...

Clarifying State Actor Requirements under 42 U.S.C. § 1983: Analysis of Taylor v. Charter Medical Corporation

Date: Dec 10, 1998

Clarifying State Actor Requirements under 42 U.S.C. § 1983: Analysis of Taylor v. Charter Medical Corporation Introduction The case of David Taylor v. Charter Medical Corporation and Charter Provo...