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United States Fifth Circuit - February 2004 Opinion Summaries

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Description Date Docket #
MILLER-EL v. DRETKE
United States Fifth Circuit
Constitutional Law, Criminal Law & Procedure, Evidence, Habeas Corpus 
Death row inmate's Batson challenge is unavailing. He failed to show by clear and convincing evidence that the state court erred in finding no...
02/26/2004 00-10784
VIZENA v. UNION PAC. R.R. CO.
United States Fifth Circuit
Constitutional Law, Criminal Law & Procedure, Evidence, Habeas Corpus 
Civil Procedure, Class Actions, Evidence, Transportation
02/26/2004 01-31434
BUSBY v. DRETKE
United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus 
The issues for which death row inmate was granted a certificate of appealability are meritless; the denial of his habeas petition is affirmed....
02/25/2004 03-40492
DRESSER-RAND CO. v. VIRTUAL AUTOMATION INC.
United States Fifth Circuit
Commercial Law, Contracts 
District court erred in denying plaintiff's motion for judgment as a matter of law on its breach of contract claim against Apix; Apix breached when it...
02/23/2004 02-20834, 03-20417
VICTOR v. GRAND CASINO-COUSHATTA
United States Fifth Circuit
Commercial Law, Contracts 
Civil Procedure, Gaming Law, Indian Law
02/19/2004 03-30703
US v. TENORIO
United States Fifth Circuit
Criminal Law & Procedure 
Evidence was sufficient to support defendants' convictions for conspiracy and aiding and abetting the knowing and intentional possession of a quantity...
02/17/2004 02-50691
PINEDA v. UNITED PARCEL SERV., INC.
United States Fifth Circuit
Civil Rights, Labor & Employment Law 
Though plaintiff engaged in protected activity, there is no evidence independently suggesting that defendant falsely and selectively fired him because...
02/16/2004 03-50268
US v. MILES
United States Fifth Circuit
Criminal Law & Procedure, Health Law, Sentencing 
Convictions of money laundering promotion and illegal Medicare kickbacks are reversed; defendants' home health care company was not a wholly...
02/13/2004 02-20017
DRURY v. JIM SMITH CONTRACTING CO. INC.
United States Fifth Circuit
Criminal Law & Procedure, Health Law, Sentencing 
Administrative Law, Civil Procedure, Injury And Tort Law
02/12/2004 03-30161
THE HOUSTON EXPLORATION CO. v. HALLIBURTON ENERGY SERVS., INC.
United States Fifth Circuit
Contracts, Injury & Tort Law, Oil and Gas Law 
Because plaintiff's agent had the implied authority to consent to the release and indemnity provision on defendant's work order, plaintiff is...
02/10/2004 02-30978

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