United States Fifth Circuit - November 2000 Opinion Summaries

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Description Date Docket #

IN RE: ADM/GROWMARK

United States Fifth Circuit
Admiralty, Commercial Law, Injury & Tort Law, Labor & Employment Law
Under Section 905(b) of the Longshore and Harbor Worker's Compensation Act, a dual capacity employer sued for negligence in its capacity as vessel...
11/30/2000 99-30535

PALA, INC. EMPLOYEES PROFIT SHARING PLAN AND TRUST AGREEMENT v. US

United States Fifth Circuit
Tax Law
IRS waiver of a tax in one year does not compel waiver for another year, and does not cure plaintiff's failure to amend a formal claim after a timely...
11/29/2000 99-31037

STRIPLING v. JORDAN PRODUCTION CO., LLC.

United States Fifth Circuit
Civil Procedure
A magistrate's order has no collateral estoppel effect because it does not become final until the district court makes it final.
11/29/2000 99-60875

BAYOU FLEET, INC. v. ALEXANDER

United States Fifth Circuit
Antitrust & Trade Regulation, Civil Procedure
Generally, the Noerr-Pennington doctrine should be raised as an affirmative defense in the first responsive pleadings. However, the trial court may...
11/28/2000 99-31172

MEISTER v. TEXAS ADJUTANT GEN.'S DEP'T

United States Fifth Circuit
Labor & Employment Law, Military Law
Where designated "federal" position requires active military service, civilian employee cannot establish a prima facie case for discrimination....
11/28/2000 99-50935

US v. HENRIQUES

United States Fifth Circuit
Criminal Law & Procedure, Cyberspace Law
A world wide web address embedded in an image is not sufficient evidence to show that the image was downloaded from the Internet. Without evidence...
11/27/2000 99-60819

US v. GUERRERO

United States Fifth Circuit
Criminal Law & Procedure
18 USC 922(a)(6), prohibiting false statements while acquiring a gun, is not an "attempt" crime, requiring the government to prove that the defendant...
11/27/2000 99-21087

ENGLAND v. ENGLAND

United States Fifth Circuit
Family Law, International Law
Separation from an adopted mother after the trauma of being an orphan and growing up in foster homes is not "grave psychological risk" satisfying...
11/27/2000 00-20008

GARCIA v. RENO

United States Fifth Circuit
Criminal Law & Procedure
The question of interpreting 28 USC 1227(a)(2)(A)(iii) is properly raised on direct appeal from the Board of Immigration Appeals. Failure to perfect...
11/27/2000 99-20486

THOMAS v. THE GREAT ATLANTIC AND PACIFIC TEA CO, INC.

United States Fifth Circuit
Civil Procedure
When direct evidence is weak or suspect, strong circumstantial evidence will defeat a summary judgment motion.
11/27/2000 99-60919