5th Circuit Case Commentaries

Independent Contractor Determination for Delivery Drivers Affirmed under FLSA: Express 60-Minutes Delivery Service v. Secretary of Labor

Date: Dec 5, 1998

Independent Contractor Determination for Delivery Drivers Affirmed under FLSA Introduction In the landmark case of Express 60-Minutes Delivery Service, Inc. v. Secretary of Labor, the United States...

Affirmation of Summary Judgment in ADA Claims: Robertson v. Neuomedical Center

Date: Dec 4, 1998

Affirmation of Summary Judgment in ADA Claims: Robertson v. Neuomedical Center Introduction Robertson v. Neuomedical Center, 161 F.3d 292 (5th Cir. 1998), is a pivotal case that addresses the...

Affirmation of Conviction and Death Sentence in United States v. Webster: Comprehensive Analysis of Jury Instructions, Aggravating Factors, and Appellate Review Standards

Date: Dec 4, 1998

Affirmation of Conviction and Death Sentence in United States v. Webster: Comprehensive Analysis of Jury Instructions, Aggravating Factors, and Appellate Review Standards Introduction United States...

Ysleta Independent School District v. Butler & Gracia: Affirmation of No Hostile Work Environment under Title VII

Date: Dec 4, 1998

Ysleta Independent School District v. Butler & Gracia: Affirmation of No Hostile Work Environment under Title VII Introduction The case of Rose Butler and Erma Gracia versus the Ysleta Independent...

Clarifying "Imminent Danger" Under the Prison Litigation Reform Act: Insights from Choyce v. Dominguez

Date: Dec 4, 1998

Clarifying "Imminent Danger" Under the Prison Litigation Reform Act: Insights from Choyce v. Dominguez Introduction Choyce v. Dominguez, 160 F.3d 1068 (5th Cir. 1998), is a pivotal case that...

Limitation on Federal Habeas Relief and Counsel Appointment for Death-Row Inmates: Cantu-Tzin v. Johnson

Date: Dec 3, 1998

Limitation on Federal Habeas Relief and Counsel Appointment for Death-Row Inmates: Cantu-Tzin v. Johnson Introduction Case: Andrew Flores Cantu-Tzin v. Gary Johnson, Director Texas Department of...

Issue Preclusion and Successor Liability in Employment Discrimination: Insights from York v. Prive Corp.

Date: Nov 25, 1998

Issue Preclusion and Successor Liability in Employment Discrimination: Insights from York v. Prive Corp. Introduction In Linda Ann York v. Prive Corporation et al., the United States Court of Appeals...

Affirmation of Conspiracy Convictions in Mann v. United States: A Landmark in Banking Fraud Enforcement

Date: Nov 24, 1998

Affirmation of Conspiracy Convictions in Mann v. United States: A Landmark in Banking Fraud Enforcement Introduction In the pivotal case of UNITED STATES OF AMERICA v. JAMES SCOTT MANN; WILLIAM M....

Qualified Immunity and Unreasonable Detention under the Fourth Amendment: Heitschmidt v. City of Houston

Date: Nov 24, 1998

Qualified Immunity and Unreasonable Detention under the Fourth Amendment: Heitschmidt v. City of Houston Introduction Heitschmidt v. City of Houston, 161 F.3d 834 (5th Cir. 1998), is a pivotal case...

Reaffirming Sixth Amendment Protections in Drug Smuggling Cases: Analysis of United States v. Medina et al.

Date: Nov 24, 1998

Reaffirming Sixth Amendment Protections in Drug Smuggling Cases: Analysis of United States of America v. Medina et al. Introduction United States of America v. Marina Medina, Marco Antonio Martinez,...

At-Will Employment Recognized as Contractual Under 42 U.S.C. §1981 in Fadeyi v. Planned Parenthood

Date: Nov 12, 1998

At-Will Employment Recognized as Contractual Under 42 U.S.C. §1981 in Fadeyi v. Planned Parenthood Introduction Fadeyi v. Planned Parenthood Association of Lubbock, Inc., 160 F.3d 1048 (5th Cir....

Affirmation of Denial of Habeas Corpus Relief in Capital Murder Conviction: Application of Strickland Standards

Date: Nov 12, 1998

Affirmation of Denial of Habeas Corpus Relief in Capital Murder Conviction: Application of Strickland Standards Introduction The case of Norman Evans Green v. Gary L. Johnson addresses critical...

Community-Based Treatment Requirements for Early Release: Rublee v. Fleming Analysis

Date: Nov 7, 1998

Community-Based Treatment Requirements for Early Release: Rublee v. Fleming Analysis Introduction Rublee v. Fleming, 160 F.3d 213 (5th Cir. 1998), is a pivotal case addressing the Bureau of Prisons'...

Qualified Immunity Jurisdiction Limits in Failure-to-Supervise Claims: Smith v. Whitley

Date: Nov 6, 1998

Qualified Immunity Jurisdiction Limits in Failure-to-Supervise Claims: Smith v. Whitley Introduction In the case of Eric Smith v. John P. Whitley, decided by the United States Court of Appeals for...

Affirmation of Summary Judgment Standards in Title VII and FMLA Claims: Boyd v. State Farm Insurance

Date: Nov 4, 1998

Affirmation of Summary Judgment Standards in Title VII and FMLA Claims: Boyd v. State Farm Insurance Introduction Boyd v. State Farm Insurance Companies, 158 F.3d 326 (5th Cir. 1998), is a...

Fifth Circuit Reverses District Court's Dismissal of Eighth Amendment Claim: Deliberate Indifference Standard Applied

Date: Oct 27, 1998

Fifth Circuit Reverses District Court's Dismissal of Eighth Amendment Claim: Deliberate Indifference Standard Applied Introduction In the landmark case Mondric Bradley v. Steve W. Puckett et al.,...

Reversing Liability under the Fair Credit Reporting Act: CSC Credit Services Case Analysis

Date: Oct 24, 1998

Reversing Liability under the Fair Credit Reporting Act: CSC Credit Services Case Analysis Introduction The case of Edward C. Sepulvado; Sheree D. Sepulvado v. CSC Credit Services, Inc. explores...

Time-Barred Limitations in In Forma Pauperis Section 1983 Suits: Gonzales v. Wyatt

Date: Oct 24, 1998

Time-Barred Limitations in In Forma Pauperis Section 1983 Suits: Gonzales v. Wyatt Introduction Gonzales v. Wyatt, 157 F.3d 1016 (5th Cir. 1998), is a pivotal case that examines the stringent...

Whitley v. Hunt: Fifth Circuit Clarifies Exhaustion of Administrative Remedies for Federal Prisoners Seeking Monetary Damages

Date: Oct 24, 1998

Whitley v. Hunt: Fifth Circuit Clarifies Exhaustion of Administrative Remedies for Federal Prisoners Seeking Monetary Damages Introduction In Russell William Whitley v. John Hunt et al., 158 F.3d 882...

Clarifying RICO Conspiracy Thresholds: Fifth Circuit's Decision in United States v. Posada-Rios et al.

Date: Oct 22, 1998

Clarifying RICO Conspiracy Thresholds: Fifth Circuit's Decision in United States v. Posada-Rios et al. Introduction The case of United States of America v. Posada-Rios et al. involves a complex web...