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United States Fifth Circuit - November 2007 Opinion Summaries

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Description Date Docket #
Sobranes Recovery Pool I, LLC v. Todd & Hughes Constr. Corp.
United States Fifth Circuit
Civil Procedure, Debt Collection, Government Law 
In an assignee's action seeking to execute on a judgment entered against defendants in favor of the FDIC under the Federal Debt Collection Procedures... 		11/29/2007 06-10912
Stotter v. Univ. of Texas at San Antonio
United States Fifth Circuit
Civil Procedure, Civil Rights, Education Law, Government Law, Labor & Employment Law 
In a civil rights case involving the termination of an employment contract of a tenured professor and the alleged destruction of his personal... 		11/28/2007 06-50305
US v. Carbajal-Diaz
United States Fifth Circuit
Criminal Law & Procedure, Sentencing 
A sentence for unlawful reentry into the U.S. after deportation is affirmed where the district court did not err in applying a "crime of violence"... 		11/27/2007 06-41491
Citibank Texas, N.A. v. Progressive Cas. Ins. Co.
United States Fifth Circuit
Banking Law, Contracts, Insurance Law 
In a suit brought by Citibank against Progressive insurance as the issuer of a fidelity bond, claiming it should cover a loss Citibank sustained in a... 		11/26/2007 07-10142
DTEX, LLC v. BBVA Bancomer, S.A.
United States Fifth Circuit
Civil Procedure, Commercial Law, Debt Collection, International Law, International Trade 
In a dispute arising in Mexico involving competing claims to textile manufacturing equipment, dismissal of plaintiff's action on the basis of forum... 		11/26/2007 07-20364
Rose v. Tennessee Gas Pipeline Co.
United States Fifth Circuit
Civil Procedure, Contracts, Oil and Gas Law, Property Law & Real Estate 
In an action brought by the joint owner of an undivided interest in certain property, across which defendant-gas pipeline owner holds a pipeline... 		11/21/2007 06-31119
Ponce v. Socorro Indep. Sch. Dist.
United States Fifth Circuit
Civil Procedure, Civil Rights, Constitutional Law, Education Law 
Student speech that threatens a Columbine-style attack on a school is not protected by the First Amendment, because such speech poses a direct threat... 		11/21/2007 06-50709
US v. Rabanal
United States Fifth Circuit
Criminal Law & Procedure, Immigration Law, Sentencing 
Defendants' sentences in unrelated cases, imposed after they plead guilty to illegal reentry, are affirmed where the district court did not... 		11/20/2007 06-10307, 06-11281
Bailey v. US
United States Fifth Circuit
Asset Forfeiture, Civil Procedure, Criminal Law & Procedure 
Dismissal of defendant's motion seeking the return of property seized from him at his arrest and a grant of the government's motion to dismiss are... 		11/20/2007 07-40309
US v. Newsom
United States Fifth Circuit
Criminal Law & Procedure, Sentencing 
In the context of sentencing and upward departures pursuant to U.S.S.G. section 5K2.21 based on uncharged conduct, section 5K2.21 requires some degree... 		11/20/2007 06-10822

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