5th Circuit Case Commentaries

TILA Compliance in Insurance Premium Disclosures: Edwards v. Your Credit Inc. (5th Cir. 1998)

Date: Jul 22, 1998

TILA Compliance in Insurance Premium Disclosures: Edwards v. Your Credit Inc. (5th Cir. 1998) Introduction In Edwards v. Your Credit Inc., decided by the United States Court of Appeals for the Fifth...

HUGHEY v. UNITED STATES: Affirming Sixth Amendment Protections in Criminal Proceedings

Date: Jul 22, 1998

HUGHEY v. UNITED STATES: Affirming Sixth Amendment Protections in Criminal Proceedings Introduction HUGHEY v. UNITED STATES is a pivotal case adjudicated by the United States Court of Appeals for the...

Carmack Amendment Preempts Federal Common Law Remedies in Common Carrier Liability Cases

Date: Jul 21, 1998

Carmack Amendment Preempts Federal Common Law Remedies in Common Carrier Liability Cases Introduction The case of Tex Morris; Cindy Sagrera Morris v. Covan Worldwide Moving, Inc.; Coleman American...

ERISA and the Integrity of Initial Benefit Determinations – Schadler v. Anthem

Date: Jul 18, 1998

ERISA and the Integrity of Initial Benefit Determinations – Schadler v. Anthem Introduction Schadler v. Anthem Life Insurance Company, 147 F.3d 388 (5th Cir. 1998), is a pivotal case addressing the...

Final Judgments and Interlocutory Appeals: A Comprehensive Analysis of Hamilton v. Williams in the Fifth Circuit

Date: Jul 17, 1998

Final Judgments and Interlocutory Appeals: A Comprehensive Analysis of Hamilton v. Williams in the Fifth Circuit Introduction Hamilton Plaintiffs, Plaintiffs-Appellants, v. Williams Plaintiffs,...

Statute of Limitations in Health Care Liability Claims: Analysis of Rotella v. Dallas Psychiatric Associates

Date: Jul 15, 1998

Statute of Limitations in Health Care Liability Claims: Analysis of Rotella v. Dallas Psychiatric Associates Introduction Rotella v. Dallas Psychiatric Associates is a significant case adjudicated by...

Clarifying Appellate Jurisdiction in Qualified Immunity Cases: Insights from COLSTON v. BARNHART

Date: Jul 15, 1998

Clarifying Appellate Jurisdiction in Qualified Immunity Cases: Insights from COLSTON v. BARNHART Introduction COLSTON v. BARNHART, 146 F.3d 282 (5th Cir. 1998), presents a pivotal examination of...

Speedy Trial Act and Superseding Indictments: Analysis of United States v. Alford

Date: Jul 15, 1998

Speedy Trial Act and Superseding Indictments: Analysis of United States v. Alford Introduction United States of America v. Billy Mel Alford, 142 F.3d 825 (5th Cir. 1998), presents a pivotal analysis...

Strict Construction of Traffic Laws: Impact of United States v. Richard Eugene Miller

Date: Jul 14, 1998

Strict Construction of Traffic Laws: Impact of United States v. Richard Eugene Miller Introduction United States v. Richard Eugene Miller, 146 F.3d 274 (5th Cir. 1998), is a pivotal case that...

Municipal Liability for Political Retaliation in Employment: Insights from BRADY v. FORT BEND COUNTY

Date: Jul 3, 1998

Municipal Liability for Political Retaliation in Employment: Insights from BRADY v. FORT BEND COUNTY Introduction The case of Kenneth Craig Brady, et al. v. Fort Bend County, et al. (145 F.3d 691,...

Federal Courts Barred from Reviewing Municipal Impact Fee Ordinances under the Tax Injunction Act: Douglas Place Partnerships v. City of Madison

Date: Jul 2, 1998

Federal Courts Barred from Reviewing Municipal Impact Fee Ordinances under the Tax Injunction Act: Douglas Place Partnerships v. City of Madison Introduction The case of Douglas Place Partnerships v....

Establishing Due Process in Jury Tampering Claims: Requirements for Notice and Participation of All Parties

Date: Jun 30, 1998

Establishing Due Process in Jury Tampering Claims: Requirements for Notice and Participation of All Parties Introduction The case of United States of America v. Sylvester, Brown, and Culley (143 F.3d...

Affirmation of Competitive Price Assistance Practices: Analysis of Metro Ford Truck Sales, Inc. v. Ford Motor Company

Date: Jun 27, 1998

Affirmation of Competitive Price Assistance Practices: Analysis of Metro Ford Truck Sales, Inc. v. Ford Motor Company Introduction The case of Metro Ford Truck Sales, Inc. v. Ford Motor Company,...

Strict Enforcement of Proof of Loss Requirements in Federal Flood Insurance Claims

Date: Jun 26, 1998

Strict Enforcement of Proof of Loss Requirements in Federal Flood Insurance Claims Introduction The case of Charles L. Gowland; Marguerite C. Gowland, Plaintiffs-Appellants versus Aetna and related...

Establishing Limits on Insurers' Duty to Defend under 'Sudden and Accidental' Pollution Exclusion

Date: Jun 25, 1998

Establishing Limits on Insurers' Duty to Defend under 'Sudden and Accidental' Pollution Exclusion Introduction The case of Guaranty National Insurance Company and Landmark American Insurance Company...

MARATHON OIL CO. v. RUHRGAS: Federal Courts Must Prioritize Subject-Matter Jurisdiction Over Personal Jurisdiction in Removed Cases

Date: Jun 23, 1998

MARATHON OIL CO. v. RUHRGAS: Federal Courts Must Prioritize Subject-Matter Jurisdiction Over Personal Jurisdiction in Removed Cases Introduction In Marathon Oil Company, Marathon International Oil...

Affirmation of Forum Selection Clauses Enforceability in Admiralty Cases: Marinechance Shipping v. Sebastian & Galedo

Date: Jun 23, 1998

Affirmation of Forum Selection Clauses Enforceability in Admiralty Cases: Marinechance Shipping v. Sebastian & Galedo Introduction In the landmark case Marinechance Shipping, Ltd.,...

Non-Dischargeability of Property Settlement Debts Under § 523(a)(15): An In-Depth Analysis of Gamble v. Gamble

Date: Jun 23, 1998

Non-Dischargeability of Property Settlement Debts Under § 523(a)(15): An In-Depth Analysis of Gamble v. Gamble Introduction The case of Sim Michael Gamble v. Arcina Ann Gamble (143 F.3d 223),...

Unprotected Ethical Breach in Employment Retaliation: Douglas v. DynMcDermott

Date: Jun 19, 1998

Unprotected Ethical Breach in Employment Retaliation: Douglas v. DynMcDermott Introduction Douglas v. DynMcDermott Petroleum Operations Company (144 F.3d 364) is a significant judgment delivered by...

Federal Courts' Authority to Sua Sponte Apply Procedural Defaults in Habeas Corpus: Analysis of Magouirk v. Phillips

Date: Jun 19, 1998

Federal Courts' Authority to Sua Sponte Apply Procedural Defaults in Habeas Corpus: Analysis of Magouirk v. Phillips Introduction Kenneth Wayne Magouirk appealed the dismissal of his federal habeas...