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United States Fifth Circuit - July 2004 Opinion Summaries

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Description Date Docket #
US v. SARMIENTO-FUNES
United States Fifth Circuit
Criminal Law & Procedure 
Defendant's conviction for illegal reentry is affirmed, however, his sentence is reversed on grounds that it was erroneously enhanced based on a prior... 		07/30/2004 03-40741
AMERICAN HOME ASSURANCE CO. v. UNITED SPACE ALLIANCE
United States Fifth Circuit
Insurance Law 
In an insurance policy liability dispute, denial of plaintiff's request for a declaratory judgment that it did not owe defendant a duty to defend is... 		07/29/2004 03-20241
CALIFORNIA FINA GROUP, INC. v HERRIN
United States Fifth Circuit
Dispute Resolution & Arbitration 
Defendant's motion to compel arbitration is affirmed where defendants fall within the term "customers" as used in Rule 10301(a) of the NASD Uniform... 		07/28/2004 03-10939
GOSWAMI v. AMERICAN COLLECTIONS ENTER., INC.
United States Fifth Circuit
Consumer Protection Law 
Dismissal of plaintiff's claim of improper collection practices in violation of the Fair Debt Collections Practices Act (FDCPA) is reversed where... 		07/28/2004 03-20834
JOHNSON v. DEEP EAST TEXAS REGIONAL NARCOTICS TRAFFICKING TASK FORCE
United States Fifth Circuit
Criminal Law & Procedure, Injury & Tort Law 
Summary judgment on plaintiff's charges that defendants violated her rights under the Fourth Amendment to be free from unreasonable search and seizure... 		07/27/2004 03-40394
BRENNAN'S INC. v DICKIE BRENNEN & CO.
United States Fifth Circuit
Contracts, Intellectual Property, Trademark 
Plaintiffs' award of $250,000 in damages on its breach of contract claims is affirmed, along with the denial of the plaintiffs' motion for judgment as... 		07/22/2004 03-30470
MCLAUGHLIN v. MISSISSIPPI POWER CO.
United States Fifth Circuit
Contracts, Intellectual Property, Trademark 
Class Action, Public Utilities 		07/22/2004 03-60214
IBERIA CREDIT BUREAU. v. CINGULAR WIRELESS
United States Fifth Circuit
Communications Law, Dispute Resolution & Arbitration 
The district court's judgment denying defendant-Centennial's motion to compel arbitration is affirmed, however the judgments denying arbitration... 		07/21/2004 03-30613
SHAFER v. ARMY & AIR FORCE EXCHANGE
United States Fifth Circuit
Civil Rights, Labor & Employment Law 
Judgment in favor of plaintiff is reversed, where the special master exceeded his authority by considering claims made by plaintiff in a separate... 		07/21/2004 03-10074, 03-10220
HEGNA v. ISLAMIC REPUBLIC OF IRAN
United States Fifth Circuit
International Law 
Plaintiff sought to obtain a default judgment against property owned by Iran, who gave partial support to terrorists who killed plaintiff, but the... 		07/19/2004 03-10994, 03-20984

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