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United States Fifth Circuit - September 2003 Opinion Summaries

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Description Date Docket #
LOUISIANA DEP'T OF HEALTH & HOSP. v. CTR. FOR MEDICARE & MEDICAID SERVS.
United States Fifth Circuit
Government Benefits, Health Law 
An administrator of Medicare and Medicaid Services was unreasonable in determining that Rural Health Clinics in Louisiana do not furnish "hospital... 		09/22/2003 02-60834
US v. MENDEZ-VILLA
United States Fifth Circuit
Government Benefits, Health Law 
Criminal Law & Procedure, Sentencing 		09/22/2003 03-10258
WESTCHESTER FIRE INS. CO. v. HASPEL-KANSAS INV. P'SHIP
United States Fifth Circuit
Injury & Tort Law, Insurance Law, Property Law & Real Estate 
There was ample evidence in the record of an insurance subrogation action to support the district court's findings that the actions or inactions of a... 		09/19/2003 02-30718
OTTO CANDIES, L.L.C. v. NIPPON KAIJI KYOKAI CORP.
United States Fifth Circuit
Admiralty, Contracts, Injury & Tort Law, Transportation 
General maritime law cautiously recognizes the tort of negligent misrepresentation as applied to vessel classification societies, and on the facts... 		09/17/2003 02-30842
MORRIS v. T E MARINE CORP.
United States Fifth Circuit
Admiralty, Civil Procedure, Injury & Tort Law 
District court's remand order following an order granting summary judgment was a final appealable order, and plaintiff's failure to appeal that order... 		09/16/2003 02-31188
PONDEXTER v. DRETKE
United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus 
In a capital murder petition, the district court failed to afford proper deference to the state court's decision, and the state court did not... 		09/16/2003 02-41543
US v. GORDON
United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus 
Criminal Law & Procedure, Sentencing 		09/11/2003 03-60085
ROBERTS v. US R.R. RETIREMENT BD.
United States Fifth Circuit
Civil Procedure, Labor & Employment Law, Transportation 
The court has no jurisdiction to review the Railroad Retirement Board's refusal to reopen prior claims for benefits, here the denial of a first... 		09/11/2003 03-60038
HADNOT v. BAY, LTD.
United States Fifth Circuit
Contracts, Dispute Resolution & Arbitration, Labor & Employment Law 
The district court did not err in holding the arbitration provision of an employment contract valid and enforceable, after striking a ban on the... 		09/11/2003 03-40325
HOSKINS v. BEKINS VAN LINES
United States Fifth Circuit
Contracts, Injury & Tort Law, Transportation 
Summary judgment for a common carrier is affirmed in a suit stemming from loss or damage to plaintiff's personal belongings as a result of a move of... 		09/10/2003 01-21236

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