5th Circuit Case Commentaries

AEDPA’s One-Year Limitation Period Subject to Equitable Tolling in Federal Habeas Corpus Claims: Davis v. Johnson

Date: Oct 22, 1998

AEDPA’s One-Year Limitation Period Subject to Equitable Tolling in Federal Habeas Corpus Claims: Davis v. Johnson Introduction William Prince Davis v. Gary Johnson is a pivotal case adjudicated by...

Fifth Circuit Affirms Limitation on Debtor’s Attorney Compensation Post-Trustee Appointment under §330(a)(1)

Date: Oct 21, 1998

Fifth Circuit Affirms Limitation on Debtor’s Attorney Compensation Post-Trustee Appointment under §330(a)(1) Introduction In the landmark case of Andrews Kurth L.L.P. v. Family Snacks, Inc., the...

Exhaustion of Administrative Remedies in Mixed Title VII Claims: Randel v. Dept. of the Navy

Date: Oct 16, 1998

Exhaustion of Administrative Remedies in Mixed Title VII Claims: Randel v. Dept. of the Navy Introduction Colburn P. Randel, a computer specialist employed by the United States Department of the...

Establishing Substantial Equivalence in Exhaustion of State Remedies: Whitehead v. Johnson

Date: Oct 16, 1998

Establishing Substantial Equivalence in Exhaustion of State Remedies: Whitehead v. Johnson Introduction In the landmark case of James Edward Whitehead v. Gary L. Johnson, the United States Court of...

Affirmation and Reversal of Summary Judgment in First Amendment Retaliation Claims: Benningfield v. City of Houston

Date: Oct 6, 1998

Affirmation and Reversal of Summary Judgment in First Amendment Retaliation Claims: Benningfield v. City of Houston Introduction The case of Debbie L. Benningfield, Peggy Frankhouser, and Pamela M....

Fifth Circuit Limits on Border Search Practices: Non-Routine Searches and Drug Dog Alerts

Date: Oct 3, 1998

Fifth Circuit Limits on Border Search Practices: Non-Routine Searches and Drug Dog Alerts Introduction United States of America v. Carlos Rivas; Douglas Ibarra (157 F.3d 364), adjudicated by the...

Collateral Estoppel and Intent in Bankruptcy Dischargeability: Analysis of Miller v. J.D. Abrams Inc.

Date: Sep 25, 1998

Collateral Estoppel and Intent in Bankruptcy Dischargeability: Analysis of Miller v. J.D. Abrams Inc. Introduction The case of William L. Miller versus J.D. Abrams Incorporated, adjudicated in the...

Sierra Club v. USDA: Affirming ESA § 7(a)(1) Compliance

Date: Sep 25, 1998

Sierra Club v. USDA: Affirming ESA § 7(a)(1) Compliance Introduction Sierra Club; Clark Hubbs, Plaintiffs-Appellees v. Dan Glickman, Secretary, Department of Agriculture; United States Department of...

Establishing Boundaries for Equal Protection and First Amendment Claims in Correctional Policies: The Stefanoff v. Hays County Case

Date: Sep 25, 1998

Establishing Boundaries for Equal Protection and First Amendment Claims in Correctional Policies: The Stefanoff v. Hays County Case Introduction The case of Jeffrey "Zeal" Stefanoff v. Hays County,...

Establishing Vicarious Liability and Standards for Punitive Damages in Racial Discrimination Cases: Deffenbaugh-Williams v. Wal-Mart Stores

Date: Sep 25, 1998

Establishing Vicarious Liability and Standards for Punitive Damages in Racial Discrimination Cases: Deffenbaugh-Williams v. Wal-Mart Stores Introduction The case of Julie Deffenbaugh-Williams v....

Fifth Circuit Reaffirms FLSA Claims Remain Independent of Collective Bargaining Agreements: IBP, Inc. v. Plaintiffs

Date: Sep 22, 1998

Fifth Circuit Reaffirms FLSA Claims Remain Independent of Collective Bargaining Agreements: IBP, Inc. v. Plaintiffs Introduction In the seminal case of IBP, Inc. of Nebraska v. Plaintiffs-Appellees,...

Robison v. Johnson (5th Cir. 1998): Comprehensive Review of Ineffective Assistance of Counsel and Penry Claims in Capital Sentencing

Date: Sep 22, 1998

Robison v. Johnson (5th Cir. 1998): Comprehensive Review of Ineffective Assistance of Counsel and Penry Claims in Capital Sentencing Introduction Robison v. Johnson is a pivotal case adjudicated by...

Affirmation of Reduced Attorneys' Fees and Cost Awards Under IDEA: Jason W. v. Houston Independent School District

Date: Sep 22, 1998

Affirmation of Reduced Attorneys' Fees and Cost Awards Under IDEA: Jason W. v. Houston Independent School District Introduction The case of Jason D.W., by next friend M.R. Mrs. Douglas W. v. Houston...

Enhanced Accountability for Educational Institutions: Doe v. Dallas Independent School District Analysis

Date: Sep 18, 1998

Enhanced Accountability for Educational Institutions: Doe v. Dallas Independent School District Analysis Introduction The case of Doe v. Dallas Independent School District (153 F.3d 211) represents a...

Affirmation of Felon-in-Possession Conviction: Insights into the Plain View Doctrine and Voir Dire Procedures

Date: Sep 17, 1998

Affirmation of Felon-in-Possession Conviction: Insights into the Plain View Doctrine and Voir Dire Procedures Introduction In the case of United States of America v. Martin Gonzalez Munoz (150 F.3d...

Law of the Case Doctrine Reinforced: Sentencing Based on Trial Testimony in United States v. Becerra

Date: Sep 17, 1998

Law of the Case Doctrine Reinforced: Sentencing Based on Trial Testimony in United States v. Becerra Introduction United States of America v. Ruben Gil Becerra and co-defendants is a criminal case...

Separation of Insureds Provision Constrains Workers' Compensation and Employee Injury Exclusions: Centennial Ins. Co. v. Ryder Truck Rental

Date: Sep 15, 1998

Separation of Insureds Provision Constrains Workers' Compensation and Employee Injury Exclusions Introduction In the landmark case Centennial Insurance Company v. Ryder Truck Rental, Inc., the United...

Fifth Circuit Sets New Precedent on Service-Mark and Trade-Dress Infringement in Golf Course Replication

Date: Sep 15, 1998

Fifth Circuit Sets New Precedent on Service-Mark and Trade-Dress Infringement in Golf Course Replication Introduction The case of Pebble Beach Company; Sea Pines Company Incorporated v. Tour 18 I...

Rule 11 Sanctions Limited to Federal Filings; §1927 Upheld for Vexatious Post-Removals

Date: Sep 12, 1998

Rule 11 Sanctions Limited to Federal Filings; §1927 Upheld for Vexatious Post-Removals Introduction In the case of Edwards and Crampton v. General Motors Corporation, the United States Court of...

Clarifying Preemption Doctrine in Removal Jurisdiction: McClelland v. Gronwaldt

Date: Sep 10, 1998

Clarifying Preemption Doctrine in Removal Jurisdiction: McClelland v. Gronwaldt Introduction The case McClelland v. Gronwaldt, 155 F.3d 507 (5th Cir. 1998), adjudicated by the United States Court of...