5th Circuit Case Commentaries

Seizures Do Not Constitute a Disability Per Se Under the ADA: An Analysis of Deas v. River West

Date: Sep 4, 1998

Seizures Do Not Constitute a Disability Per Se Under the ADA: An Analysis of Deas v. River West Introduction In Allison Deas v. River West, L.P., 152 F.3d 471 (5th Cir. 1998), the United States Court...

Non-Applicability of Rule 6(e) to Rule 59(e) and Rigorous 'Excusable Neglect' Standards Affirmed in Halicki v. Louisiana Casino Cruises

Date: Sep 2, 1998

Non-Applicability of Rule 6(e) to Rule 59(e) and Rigorous 'Excusable Neglect' Standards Affirmed in Halicki v. Louisiana Casino Cruises Introduction In the landmark case of Mary Carole Halicki v....

Application of Rule 6(a) in AEDPA's Habeas Corpus Time Limitations: Flanagan v. Johnson

Date: Sep 2, 1998

Application of Rule 6(a) in AEDPA's Habeas Corpus Time Limitations: Flanagan v. Johnson Introduction Flanagan v. Johnson is a pivotal case decided by the United States Court of Appeals for the Fifth...

Heck and Edwards Principles Restrict Facial §1983 Claims in Prison Disciplinary Actions

Date: Sep 2, 1998

Heck and Edwards Principles Restrict Facial §1983 Claims in Prison Disciplinary Actions Introduction The case of Charles W. Clarke v. Richard L. Stalder et al., adjudicated by the United States Court...

Fiduciary Duties of Lottery Ticket Sales Agents Under §523(a)(4): Texas Lottery Act Does Not Impose Fiduciary Status

Date: Sep 1, 1998

Fiduciary Duties of Lottery Ticket Sales Agents Under §523(a)(4): Texas Lottery Act Does Not Impose Fiduciary Status Introduction In the landmark case Texas Lottery Commission v. Theresa Tran,...

Qualified Immunity Affirmed in Cronn v. Parole Commission: Establishing Boundaries for Parole Revocation Procedures

Date: Aug 27, 1998

Qualified Immunity Affirmed in Cronn v. Parole Commission: Establishing Boundaries for Parole Revocation Procedures Introduction In the landmark case of Cronn v. Buffington, adjudicated by the United...

Preservation of Capital Sentencing Rights: Analysis of Allocution, Psychiatric Evidence, and Victim Impact Statements in United States v. Hall

Date: Aug 22, 1998

Preservation of Capital Sentencing Rights: Analysis of Allocution, Psychiatric Evidence, and Victim Impact Statements in United States v. Hall Introduction In the landmark case of United States of...

Effective Assistance of Counsel in Federal Habeas Corpus: Insights from Jackson v. Johnson

Date: Aug 22, 1998

Effective Assistance of Counsel in Federal Habeas Corpus: Insights from Jackson v. Johnson Introduction Jackson v. Johnson (150 F.3d 520, 5th Cir. 1998) represents a significant appellate decision...

Clarifying Class Certification under Rule 23(b)(2) in Employment Discrimination Cases: Allison v. Citgo Petroleum Corp.

Date: Aug 21, 1998

Clarifying Class Certification under Rule 23(b)(2) in Employment Discrimination Cases: Allison v. Citgo Petroleum Corp. Introduction Allison v. Citgo Petroleum Corp. is a significant case adjudicated...

Reinforcing the Rooker-Feldman Doctrine: Limiting Lower Federal Courts from Appellate Review of State Court Judgments in Bankruptcy Cases

Date: Aug 19, 1998

Reinforcing the Rooker-Feldman Doctrine: Limiting Lower Federal Courts from Appellate Review of State Court Judgments in Bankruptcy Cases Introduction The appellate case of Gene Reitnauer v. Texas...

Collateral Estoppel and Federal Removal Jurisdiction in Winters v. Diamond Shamrock Chemical Co.

Date: Aug 18, 1998

Collateral Estoppel and Federal Removal Jurisdiction in Winters v. Diamond Shamrock Chemical Co. Introduction The case of Margaret Winters v. Diamond Shamrock Chemical Company et al. is a pivotal...

Mandatory Exhaustion of Administrative Remedies Under §1997e: Analysis of Underwood v. Wilson

Date: Aug 15, 1998

Mandatory Exhaustion of Administrative Remedies Under §1997e: Analysis of Underwood v. Wilson Introduction Underwood v. Wilson is a pivotal case adjudicated by the United States Court of Appeals for...

Admissibility of Medical Expert Causation Testimony under Daubert in Toxic Tort Cases

Date: Aug 15, 1998

Admissibility of Medical Expert Causation Testimony under Daubert in Toxic Tort Cases Introduction In the case of Bob T. Moore; Susan Moore v. Ashland Chemical Inc.; Ashland Oil Inc.,...

PLRA Exemption for Section 2241 Habeas Petitions: Analysis of Davis v. Fechtel

Date: Aug 14, 1998

PLRA Exemption for Section 2241 Habeas Petitions: Analysis of Davis v. Fechtel Introduction In Samuel John Major Davis, Jr. v. Vincent J. Fechtel, Jr., the United States Court of Appeals for the...

Reversing Sanctions: Fifth Circuit Limits Inherent Judicial Power in Sanctions Proceedings

Date: Aug 13, 1998

Reversing Sanctions: Fifth Circuit Limits Inherent Judicial Power in Sanctions Proceedings Introduction In the case of Larry D. Crowe, et al. v. James W. Smith, et al., et al., the United States...

Affirmation of Denied Attorneys' Fees: Establishing Limits on §1988 Fee Awards for Excessive Claims

Date: Aug 8, 1998

Affirmation of Denied Attorneys' Fees: Establishing Limits on §1988 Fee Awards for Excessive Claims Introduction In the landmark case of Scham & Kallinen v. Harris County District Courts, the United...

Comprehensive Commentary on Corwin v. Johnson: Establishing Standards for Certificate of Appealability under AEDPA

Date: Aug 8, 1998

Establishing Standards for Certificate of Appealability under AEDPA: A Commentary on Corwin v. Johnson Introduction Corwin v. Johnson, 150 F.3d 467 (5th Cir. 1998), is a pivotal case that delves into...

Timing of Habeas Corpus Petitions Under AEDPA: Spotville v. Cain

Date: Aug 1, 1998

Timing of Habeas Corpus Petitions Under AEDPA: Spotville v. Cain Introduction Jewel Spotville v. Burl Cain is a pivotal case decided by the United States Court of Appeals for the Fifth Circuit on...

Reversing Conviction Due to Insufficient Evidence of Knowing Possession in Drug Cases

Date: Jul 29, 1998

Reversing Conviction Due to Insufficient Evidence of Knowing Possession in Drug Cases Introduction In the landmark case of United States v. Jesus Ortega Reyna (148 F.3d 540), the United States Court...

Scott v. University of Mississippi: Age Discrimination Under ADEA - Comprehensive Commentary

Date: Jul 28, 1998

Scott v. University of Mississippi: Age Discrimination Under the Age Discrimination in Employment Act (ADEA) - Comprehensive Commentary Introduction In the landmark case Linda Anne Scott v....