5th Circuit Case Commentaries

FDIC v. Conner et al.: Reestablishing Plaintiff Claims Amid Discovery Sanctions

Date: May 26, 1994

FDIC v. Conner et al.: Reestablishing Plaintiff Claims Amid Discovery Sanctions Introduction The case of Federal Deposit Insurance Corporation (FDIC) as Receiver of Capital National Bank vs. William...

Enforcing Statutes of Limitations on Cross-Claims: Insights from Kansa Reinsurance Company v. Stewart Title Company

Date: May 25, 1994

Enforcing Statutes of Limitations on Cross-Claims: Insights from Kansa Reinsurance Company v. Stewart Title Company Introduction The case of Kansa Reinsurance Company, Ltd. v. Stewart Title Company...

Affirmation of Death Sentence in Ward v. Whitley: An Analysis of Post-Conviction Habeas Corpus Relief

Date: May 18, 1994

Affirmation of Death Sentence in Ward v. Whitley: An Analysis of Post-Conviction Habeas Corpus Relief Introduction Ward v. Whitley, 21 F.3d 1355 (5th Cir. 1994), is a pivotal case that examines the...

Comprehensive Analysis of Andrews v. Collins: Affirmation of Death Sentence under Capital Punishment Statute

Date: May 14, 1994

Comprehensive Analysis of Andrews v. Collins: Affirmation of Death Sentence under Capital Punishment Statute Introduction Maurice Andrews v. James A. Collins is a seminal case adjudicated by the...

Double Jeopardy Preserved: Civil Forfeiture of Drug Proceeds Not Punitive in United States v. Tilley

Date: May 12, 1994

Double Jeopardy Preserved: Civil Forfeiture of Drug Proceeds Not Punitive in United States v. Tilley Introduction In United States of America v. Jerry Wayne Tilley et al., the United States Court of...

LMRA Section 301 Preemption of Tort Claims Dependent on Collective Bargaining Agreements

Date: May 12, 1994

LMRA Section 301 Preemption of Tort Claims Dependent on Collective Bargaining Agreements Introduction The case of Patricia Burgos, et al. v. Southwestern Bell Telephone Co., adjudicated by the United...

Fifth Circuit Limits the "Bespeaks Caution" Doctrine in Securities Fraud Claims

Date: May 6, 1994

Fifth Circuit Limits the "Bespeaks Caution" Doctrine in Securities Fraud Claims Introduction The case of Judith Rubinstein, Individually and on Behalf of All Others Similarly Situated, and Howard...

Establishing the Collateral Source Rule in Jones Act Negligence Claims: Davis v. Murphy Exploration Production Co.

Date: May 4, 1994

Establishing the Collateral Source Rule in Jones Act Negligence Claims: Davis v. Murphy Exploration Production Co. Introduction In the landmark case of Davis v. Murphy Exploration Production Company,...

Rejection of Nonresidential Leases under Bankruptcy Law: Insights from Eastover Bank v. Sowashee Venture

Date: May 4, 1994

Rejection of Nonresidential Leases under Bankruptcy Law: Insights from Eastover Bank v. Sowashee Venture Introduction In the landmark case of Eastover Bank for Savings v. Sowashee Venture, the United...

FDIC v. Mijalis: Establishing New Precedents in Director and Officer Liability and Insurance Coverage

Date: May 3, 1994

FDIC v. Mijalis: Establishing New Precedents in Director and Officer Liability and Insurance Coverage Introduction The case of Federal Deposit Insurance Corporation (FDIC) v. Gus S. Mijalis et al.,...

Strict Requirements for 'Default' Declarations in Surety Bonds: L A Contracting Co. v. Southern Concrete Services

Date: May 3, 1994

Strict Requirements for 'Default' Declarations in Surety Bonds: L A Contracting Co. v. Southern Concrete Services Introduction L A Contracting Company v. Southern Concrete Services, Inc. is a pivotal...

Clarifying Operator's Notification Duties and Fiduciary Obligations in Oil and Gas Leases: Norman v. Apache Corporation

Date: Apr 30, 1994

Clarifying Operator's Notification Duties and Fiduciary Obligations in Oil and Gas Leases: Norman v. Apache Corporation Introduction In Norman et al. v. Apache Corporation, 19 F.3d 1017 (5th Cir....

Faulkner v. United States (5th Cir. 1994): Enhanced Interpretation of RICO and Jurisdictional Venue in Complex Financial Fraud

Date: Apr 30, 1994

Faulkner v. United States (5th Cir. 1994): Enhanced Interpretation of RICO and Jurisdictional Venue in Complex Financial Fraud Introduction In the landmark case of Faulkner v. United States,...

Affirmation of "Death Penalty" Sanctions for Frivolous Litigants: United Markets International, Inc. v. R. David Legg

Date: Apr 29, 1994

Affirmation of "Death Penalty" Sanctions for Frivolous Litigants: United Markets International, Inc. v. R. David Legg Introduction The case of United Markets International, Inc., Debtor. W. Steve...

Affirmation of Convictions on Circumstantial Evidence and Guilty Knowledge: United States v. Casilla, Torres, Quintero

Date: Apr 27, 1994

Affirmation of Convictions on Circumstantial Evidence and Guilty Knowledge: United States v. Casilla, Torres, Quintero Introduction In the landmark case of United States of America v. Ruben Casilla,...

Affirmation of Ineffective Assistance of Counsel Standards and Exclusion of Upward Departure Challenges in § 2255 Proceedings: United States v. Faubion

Date: Apr 23, 1994

Affirmation of Ineffective Assistance of Counsel Standards and Exclusion of Upward Departure Challenges in § 2255 Proceedings: United States v. Faubion Introduction United States v. Faubion, 19 F.3d...

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