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  • Commentaries
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5th Circuit Case Commentaries

Intentional Infliction of Emotional Distress Claims Under FTCA: Truman v. United States

Intentional Infliction of Emotional Distress Claims Under FTCA: Truman v. United States

Date: Jul 23, 1994
Intentional Infliction of Emotional Distress Claims Under FTCA: Truman v. United States Introduction Donna Truman, an employee at the Sheppard Air Force Base Commissary, filed a lawsuit against the...
Severance, Double Jeopardy, and Fair Trial Protections in Drug Conspiracy Cases: An In-Depth Analysis of United States v. Pace et al., 27 F.3d 1035 (5th Cir. 1994)

Severance, Double Jeopardy, and Fair Trial Protections in Drug Conspiracy Cases: An In-Depth Analysis of United States v. Pace et al., 27 F.3d 1035 (5th Cir. 1994)

Date: Jul 22, 1994
Severance, Double Jeopardy, and Fair Trial Protections in Drug Conspiracy Cases: An In-Depth Analysis of United States v. Pace et al., 27 F.3d 1035 (5th Cir. 1994) Introduction The case of United...
Clarifying the Continuity of Escape and Its Implications for Aiding Felons: Analysis of United States v. Smithers

Clarifying the Continuity of Escape and Its Implications for Aiding Felons: Analysis of United States v. Smithers

Date: Jul 19, 1994
Clarifying the Continuity of Escape and Its Implications for Aiding Felons: Analysis of United States v. Smithers Introduction In the landmark case United States of America v. Dillard Jack Smithers,...
Bankruptcy Courts' Authority to Reclassify State-Court Characterized Debts as Nondischargeable Alimony

Bankruptcy Courts' Authority to Reclassify State-Court Characterized Debts as Nondischargeable Alimony

Date: Jul 14, 1994
Bankruptcy Courts' Authority to Reclassify State-Court Characterized Debts as Nondischargeable Alimony Introduction The case of LeBaron Dennis v. Audrey H. Dennis (25 F.3d 274) addressed a critical...
Fifth Circuit Recognizes Copyright Protection for Computer User Interfaces: Engineering Dynamics v. Structural Software

Fifth Circuit Recognizes Copyright Protection for Computer User Interfaces: Engineering Dynamics v. Structural Software

Date: Jul 14, 1994
Court Commentary: Copyright Protection for Computer User Interfaces Engineering Dynamics, Inc. v. Structural Software, Inc., and S. Rao Guntur Court: United States Court of Appeals, Fifth Circuit...
Enforcement of Arbitration Awards: Executone Information Systems, Inc. v. Lloyd K. Davis and Others – A Comprehensive Analysis

Enforcement of Arbitration Awards: Executone Information Systems, Inc. v. Lloyd K. Davis and Others – A Comprehensive Analysis

Date: Jul 13, 1994
Enforcement of Arbitration Awards: Executone Information Systems, Inc. v. Lloyd K. Davis and Others – A Comprehensive Analysis Introduction The case of Executone Information Systems, Inc. v. Lloyd K....
Enhanced Protections for Noncitizens: Effective Assistance of Counsel in JRAD Requests - United States v. Castro

Enhanced Protections for Noncitizens: Effective Assistance of Counsel in JRAD Requests - United States v. Castro

Date: Jul 12, 1994
Enhanced Protections for Noncitizens: Effective Assistance of Counsel in JRAD Requests - United States v. Castro Introduction United States of America v. Marvin Castro is a pivotal case decided by...
Reaffirming the Jurisdictional Limits on Post-Sentencing Modifications: United States v. Lopez

Reaffirming the Jurisdictional Limits on Post-Sentencing Modifications: United States v. Lopez

Date: Jul 6, 1994
Reaffirming the Jurisdictional Limits on Post-Sentencing Modifications: United States v. Lopez Introduction The case of United States of America v. Raymond Joseph Lopez, adjudicated by the United...
Estate vs. Creditor Claims: Fifth Circuit Clarifies Bankruptcy Estate's Ownership of Causes of Action in EGHT v. Wright

Estate vs. Creditor Claims: Fifth Circuit Clarifies Bankruptcy Estate's Ownership of Causes of Action in EGHT v. Wright

Date: Jul 1, 1994
Estate vs. Creditor Claims: Fifth Circuit Clarifies Bankruptcy Estate's Ownership of Causes of Action in EGHT v. Wright Introduction In the landmark case Educators Group Health Trust (EGHT) v....
New Frontier in Qualified Immunity: Fifth Circuit's Stance Post-HUDSON v. McMILLIAN

New Frontier in Qualified Immunity: Fifth Circuit's Stance Post-HUDSON v. McMILLIAN

Date: Jun 29, 1994
New Frontier in Qualified Immunity: Fifth Circuit's Stance Post-HUDSON v. McMILLIAN Introduction The case of Gloria Jean Harper v. Harris County, Texas, et al. represents a pivotal moment in the...
Enforcement of WARN Act and Validity of Release Agreements: Insights from Williams v. Phillips Petroleum Company

Enforcement of WARN Act and Validity of Release Agreements: Insights from Williams v. Phillips Petroleum Company

Date: Jun 25, 1994
Enforcement of WARN Act and Validity of Release Agreements: Insights from Williams v. Phillips Petroleum Company Introduction The case of Williams et al. v. Phillips Petroleum Company et al. (23 F.3d...
Qualified Immunity Affirmed in Pro Se Civil Rights Action: Macias v. Raul A.

Qualified Immunity Affirmed in Pro Se Civil Rights Action: Macias v. Raul A.

Date: Jun 17, 1994
Qualified Immunity Affirmed in Pro Se Civil Rights Action: Macias v. Raul A. Introduction Moses Macias, Jr. v. Raul A., et al. is a significant case decided by the United States Court of Appeals for...
Inter-American Convention on Letters Rogatory Does Not Exclusively Govern Service of Process: Kreimerman v. Casa Veerkamp

Inter-American Convention on Letters Rogatory Does Not Exclusively Govern Service of Process: Kreimerman v. Casa Veerkamp

Date: Jun 16, 1994
Inter-American Convention on Letters Rogatory Does Not Exclusively Govern Service of Process: Kreimerman v. Casa Veerkamp Introduction The case of Alberto Kreimerman, et al. v. Casa Veerkamp, S.A. de...
Personal Jurisdiction Limits in Defamation Cases: Wilson v. Belin and Blakley

Personal Jurisdiction Limits in Defamation Cases: Wilson v. Belin and Blakley

Date: Jun 10, 1994
Personal Jurisdiction Limits in Defamation Cases: Wilson v. Belin and Blakley Introduction In the case of Thomas W. Wilson v. David W. Belin and G. Robert Blakley, decided by the United States Court...
Limitation of §7433 Claims to Collection Practices: Shaw v. United States

Limitation of §7433 Claims to Collection Practices: Shaw v. United States

Date: Jun 8, 1994
Limitation of §7433 Claims to Collection Practices: Shaw v. United States Introduction Shaw v. United States, 20 F.3d 182 (5th Cir. 1994), is a pivotal case addressing the scope and procedural...
Policy Statements in Supervised Release Revocation Are Advisory: An Analysis of United States v. Mathena

Policy Statements in Supervised Release Revocation Are Advisory: An Analysis of United States v. Mathena

Date: Jun 7, 1994
Policy Statements in Supervised Release Revocation Are Advisory: An Analysis of United States v. Mathena Introduction United States v. James William Mathena is a pivotal case decided by the United...
Affirmation of Dismissal: Competency and Voluntariness in Guilty Pleas

Affirmation of Dismissal: Competency and Voluntariness in Guilty Pleas

Date: May 28, 1994
Affirmation of Dismissal: Competency and Voluntariness in Guilty Pleas Introduction The case of Patrick O. DeVille and Jimmy A. Vidrine v. John P. Whitley serves as a significant examination of the...
Non-Reviewability of Denied Summary Judgment Post-Adverse Final Judgment: Black v. J.I. Case Co.

Non-Reviewability of Denied Summary Judgment Post-Adverse Final Judgment: Black v. J.I. Case Co.

Date: May 28, 1994
Non-Reviewability of Denied Summary Judgment Post-Adverse Final Judgment: Black v. J.I. Case Co. Introduction Black v. J.I. Case Company, Inc. is a seminal case decided by the United States Court of...
Title VII Jurisprudence: Individuals Not Defined as 'Employers' Are Exempt from Personal Liability for Backpay Damages

Title VII Jurisprudence: Individuals Not Defined as 'Employers' Are Exempt from Personal Liability for Backpay Damages

Date: May 28, 1994
Title VII Jurisprudence: Individuals Not Defined as 'Employers' Are Exempt from Personal Liability for Backpay Damages Introduction The case of Paula Jo Grant v. Lone Star Company, B.L. Watson, et...
Successor Liability and Bankruptcy Discharge in Wrongful Death Actions: Lemelle v. Universal Manufacturing Corp.

Successor Liability and Bankruptcy Discharge in Wrongful Death Actions: Lemelle v. Universal Manufacturing Corp.

Date: May 28, 1994
Successor Liability and Bankruptcy Discharge in Wrongful Death Actions: Lemelle v. Universal Manufacturing Corp. Introduction In the landmark case Lemelle v. Universal Manufacturing Corp. (18 F.3d...
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