United States Fifth Circuit - February 2001 Opinion Summaries

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Description Date Docket #

REYES-REQUENA v. US

United States Fifth Circuit
Criminal Law & Procedure
Because Bailey v. US, 516 US 137 (1995), is a substantive, non-constitutional decision concerning the reach of a federal statute, a second 28 USC 2255...
02/28/2001 99-41254

FED. DEPOSIT INS. CORP. v. MCFARLAND

United States Fifth Circuit
Commercial Law
The Federal Deposit Insurance Corporation, when acting as receiver, must abide by state reinscription rules to preserve assignee liens.
02/28/2001 99-30756

HOWERY v. ALLSTATE INS. CO.

United States Fifth Circuit
Civil Procedure
Where plaintiff alleges that violation of federal law provides one avenue for relief under state law, but not the only avenue for relief, the claim...
02/28/2001 99-20878

US v. JIMENEZ-NAVA

United States Fifth Circuit
Immigration Law, International Law
The Vienna Convention on Consular relations does not provide judicially enforceable rights of consultation between a detained foreign national and his...
02/28/2001 99-11300

SEC. AND EXCHANGE COMM'N v. FOREX ASSET MGMT. LLC

United States Fifth Circuit
Banking Law, Injury & Tort Law, Remedies
A distribution of assets to victims of the fraud on a pro rata basis was a permissible equitable remedy even if other remedies were available to the...
02/26/2001 00-10224

GILES v. GEN. ELEC. CO.

United States Fifth Circuit
Civil Rights, Labor & Employment Law
Because the legal issue was well-litigated and the issue did not develop further between the close of evidence and defendant's post-trial motion, the...
02/26/2001 99-11059

SYS. PIPE & SUPPLY, INC. v. KURNATOVSKIY

United States Fifth Circuit
Civil Procedure
The discharge of cargo at the port of Houston may be a sufficient contact with the state of Texas for exercise of personal jurisdiction, so the...
02/26/2001 00-20273

WILLIAMS v. DALLAS AREA RAPID TRANSIT

United States Fifth Circuit
Constitutional Law
A regional transportation authority organized under Tex. Transp. Code Ann. ch. 452 is not an arm of the state entitled to Eleventh Amendment immunity...
02/22/2001 00-10361

GLENN v. CITY OF TYLER

United States Fifth Circuit
Civil Rights, Constitutional Law
Handcuffing too tightly, without more, does not amount to excessive force. Where officers had probable cause to arrest plaintiff and did not act...
02/22/2001 00-40133

BROWN v. LYFORD

United States Fifth Circuit
Civil Rights
Doubts as to the credibility of the witnesses, even where the interrogation techniques are highly coercive, does not necessarily preclude a reasonable...
02/21/2001 99-41297