5th Circuit Case Commentaries

Jury Instruction Challenges and Counsel's Effectiveness: A Comprehensive Analysis of Moawad v. Anderson

Date: Jun 17, 1998

Jury Instruction Challenges and Counsel's Effectiveness: A Comprehensive Analysis of Moawad v. Anderson Introduction Gary Moawad was convicted in the state of Mississippi for murder and aggravated...

Establishing Direct Effect: FSIA's Commercial Activity Exception Affirmed in Voest-Alpine Trading v. Bank of China

Date: Jun 13, 1998

Establishing Direct Effect: FSIA's Commercial Activity Exception Affirmed in Voest-Alpine Trading v. Bank of China Introduction Voest-Alpine Trading USA Corporation v. Bank of China is a pivotal case...

Defining Government Employee vs. Independent Contractor Under the FTCA: Linkous v. United States

Date: Jun 10, 1998

Defining Government Employee vs. Independent Contractor Under the FTCA: Linkous v. United States Introduction The case of Kim J. Linkous, individually and as next friend of Joshua Linkous, Kirsten...

Qualified Immunity in Excessive Force Claims: Insights from PETTA v. RIVERA

Date: Jun 10, 1998

Qualified Immunity in Excessive Force Claims: Insights from PETTA v. RIVERA Introduction PETTA v. RIVERA, heard by the United States Court of Appeals for the Fifth Circuit on June 9, 1998, delves...

Non-Disabled Applicants Cannot Seek Damages for ADA Preemployment Medical Inquiries: Armstrong v. Turner Industries

Date: Jun 9, 1998

Non-Disabled Applicants Cannot Seek Damages for ADA Preemployment Medical Inquiries: Armstrong v. Turner Industries Introduction Armstrong v. Turner Industries, Inc. is a landmark case adjudicated by...

Procedural Due Process in Attorney Disbarrment: Collie v. Vought Aircraft Company

Date: Jun 6, 1998

Procedural Due Process in Attorney Disbarrment: Collie v. Vought Aircraft Company Introduction The case of OLLIE DAILEY, PLAINTIFF-APPELLANT and NOEMI ALESSANDRA COLLIE, APPELLANT v. VOUGHT AIRCRAFT...

Strict Interpretation of Mental Disorder Coverage under ERISA Plans: Tolson v. Avondale Industries

Date: Jun 4, 1998

Strict Interpretation of Mental Disorder Coverage under ERISA Plans: Tolson v. Avondale Industries Introduction Gregory A. Tolson filed a lawsuit against Avondale Industries, Inc. and its affiliated...

McCarran-Ferguson Act Preempts Federal Arbitration in Insurance Delinquency Proceedings: A Comprehensive Analysis of Munich American Reinsurance Co. v. Crawford

Date: Jun 3, 1998

McCarran-Ferguson Act Preempts Federal Arbitration in Insurance Delinquency Proceedings: A Comprehensive Analysis of Munich American Reinsurance Co. v. Crawford Introduction The legal landscape...

Compulsory Counterclaims and Diversity Removal in Federal Interpleader Actions: New York Life v. June G. Smith

Date: Jun 2, 1998

Compulsory Counterclaims and Diversity Removal in Federal Interpleader Actions: New York Life v. June G. Smith Introduction The case of New York Life Insurance Company v. June G. Smith serves as a...

De Novo Review and Supplemental Evidence: Fifth Circuit’s Decision in Freeman v. County of Bexar

Date: May 30, 1998

De Novo Review and Supplemental Evidence: Fifth Circuit’s Decision in Freeman v. County of Bexar Introduction Freeman v. County of Bexar is a landmark case adjudicated by the United States Court of...

Scope of Arbitration Clauses under TGAA: Limitations on Arbitrating Legally Independent Claims

Date: May 30, 1998

Scope of Arbitration Clauses under TGAA: Limitations on Arbitrating Legally Independent Claims Introduction The case of Kenneth Ford, Dr., Plaintiff-Appellee v. NYLCare Health Plans of the Gulf...

Walker v. Texas Regents: Clarifying Removal Procedures, Qualified Immunity Standards, and Bankruptcy Debt Discharge Post-Seminole

Date: May 29, 1998

Walker v. Texas Regents: Clarifying Removal Procedures, Qualified Immunity Standards, and Bankruptcy Debt Discharge Post-Seminole Introduction Walker v. Texas Regents is a seminal case decided by the...

Reversal of Municipal Liability in James Snyder v. Sidney Trepagnier: Qualified Immunity Affirmed

Date: May 28, 1998

Reversal of Municipal Liability in James Snyder v. Sidney Trepagnier: Qualified Immunity Affirmed Introduction James Snyder v. Sidney Trepagnier, et al. is a pivotal case decided by the United States...

Elvis Presley Enterprises v. Capece: Impact of Advertising and Parody on Trademark Confusion

Date: May 28, 1998

Elvis Presley Enterprises v. Capece: Impact of Advertising and Parody on Trademark Confusion Introduction The case of Elvis Presley Enterprises, Incorporated (EPE) versus Barry Capece and associated...

Affirmation of Garcia Abrego's Conviction: CCE and Pinkerton Liability Uphold Drug and Money Laundering Charges

Date: May 27, 1998

Affirmation of Garcia Abrego's Conviction: CCE and Pinkerton Liability Uphold Drug and Money Laundering Charges Introduction The case of United States of America v. Juan Garcia Abrego, 141 F.3d 142...

Establishing the Viability of Hostile Environment Claims Under the Continuing Violation Doctrine in Title VII Cases

Date: May 23, 1998

Establishing the Viability of Hostile Environment Claims Under the Continuing Violation Doctrine in Title VII Cases Introduction HUCKABAY v. MOORE, Jefferson County, Texas is a seminal case...

Narrow Interpretation of 'Interest Covered' in Employee Dishonesty Insurance: Lynch Properties Inc. v. Potomac Insurance Co.

Date: May 20, 1998

Narrow Interpretation of 'Interest Covered' in Employee Dishonesty Insurance: Lynch Properties Inc. v. Potomac Insurance Co. Introduction The case Lynch Properties Inc. v. Potomac Insurance Company...

Admissibility of Late-Designated Experts and Former NTSB Testimony: Insights from Campbell v. Keystone

Date: May 20, 1998

Admissibility of Late-Designated Experts and Former NTSB Testimony: Insights from Campbell v. Keystone Introduction The case of Campbell v. Keystone Aerial Surveys, Incorporated, adjudicated by the...

Comprehensive Analysis of Spicer v. Collins: Establishing Standards for Inmate Civil Rights Claims under Section 1983

Date: May 15, 1998

Comprehensive Analysis of Spicer v. Collins: Establishing Standards for Inmate Civil Rights Claims under Section 1983 Introduction In the landmark case Rickey Gene Spicer v. James A. Collins, et al.,...

Affirming Broad Arbitration Clauses in Joint Operating Agreements: Ramco v. Pennzoil Sets Precedent

Date: May 14, 1998

Affirming Broad Arbitration Clauses in Joint Operating Agreements: Ramco v. Pennzoil Sets Precedent Introduction Ramco Energy Limited and Pennzoil Exploration and Production Company were embroiled in...