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United States Fifth Circuit - July 2006 Opinion Summaries

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Description Date Docket #
FG Hemisphere Assocs., LLC v. Republique du Congo
United States Fifth Circuit
Banking Law, Civil Procedure, Contracts, Debt Collection, Government Law, International Law, International Trade, Oil and Gas Law 
A foreign sovereign's property must be in the U.S. when a district court determines whether an exception to the Foreign Sovereign Immunities Act...
07/11/2006 04-20965, 05-20042
Hudson v. Texas Racing Comm'n
United States Fifth Circuit
Administrative Law, Civil Rights, Constitutional Law, Drugs & Biotech, Gaming Law  (Industry: Travel & Leisure)
The Texas absolute insurer rule, 16 Tex. Admin. Code section 311.104(b), which provides, inter alia, that "[a] trainer shall ensure that a...
07/11/2006 04-51431
Salazar v. Allstate Texas Lloyd's, Inc.
United States Fifth Circuit
Civil Procedure, Consumer Protection Law, Contracts, Insurance Law  (Industry: Travel & Leisure)
Federal Rule of Civil Procedure 21 does not allow for substitution of parties to create jurisdiction.
07/10/2006 04-41043
Gutierrez-Morales v. Homan
United States Fifth Circuit
Immigration Law  (Industry: Travel & Leisure)
A petition for review of a Board of Immigration Appeals (BIA) decision declining to reopen petitioner's removal proceedings is dismissed as petitioner...
07/07/2006 04-51143
Loving v. Johnson
United States Fifth Circuit
Criminal Law & Procedure, Labor & Employment Law  (Industry: Travel & Leisure)
A prisoner doing work in or for a prison is not an "employee" under the Fair Labor Standards Act (FLSA) and is thus not entitled to the federal...
07/07/2006 05-10679
Marquez-Marquez v. Gonzales
United States Fifth Circuit
Criminal Law & Procedure, Immigration Law  (Industry: Travel & Leisure)
A petition for review of an order by the Board of Immigration Appeals (BIA) affirming an Immigration Judge's (IJ) removal order is denied where...
07/07/2006 05-60436
Frazier v. Pioneer Ams. LLC
United States Fifth Circuit
Administrative Law, Civil Procedure, Class Actions, Environmental Law, Government Law, Injury & Tort Law  (Industry: Travel & Leisure)
Plaintiffs have the burden to show the applicability of the Class Action Fairness Act's sections 1332(d)(3)-(5) exceptions when jurisdiction turns on...
07/07/2006 06-30434
US v. Hall
United States Fifth Circuit
Criminal Law & Procedure, Evidence, Habeas Corpus  (Industry: Travel & Leisure)
An application for a certificate of appealability (COA) brought by a prisoner under a sentence of death is denied over claims that a COA should issue...
07/06/2006 04-70050
Wilmore v. Gonzales
United States Fifth Circuit
Administrative Law, Civil Procedure, Immigration Law  (Industry: Travel & Leisure)
With regards to eligibility for cancellation of removal, Congress has stripped courts of jurisdiction to review the Attorney General's discretionary...
07/06/2006 05-60467
Granados v. Quarterman
United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus, Sentencing  (Industry: Travel & Leisure)
Denial of a petition for writ of habeas corpus brought by a prisoner under a sentence of death is affirmed over claims that: 1) defendant was denied...
07/06/2006 05-70009

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