United States Fifth Circuit - April 2001 Opinion Summaries

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Description Date Docket #

CADDO PARISH-VILLAS SOUTH, LTD. v. BEAL BANK, S.S.B.

United States Fifth Circuit
Bankruptcy Law, Commercial Law
The right to enforce a negotiable instrument is not a strictly personal obligation, so it therefore may be assigned, and where there is an assignment...
04/30/2001 00-10959

US v. BERRIOS-CENTENO

United States Fifth Circuit
Criminal Law & Procedure, Immigration Law
8 USC 1326, prohibiting non-permissive re-entry into the United States after deportation, is a general intent crime, and an indictment is sufficient...
04/27/2001 00-20373

US v. BOUDREAU

United States Fifth Circuit
Criminal Law & Procedure, Sentencing, Cyberspace Law
Where defendant's conviction was for possession of magazines containing child pornography, and the possession of this material did not result from his...
04/27/2001 00-30271

LYCON INC. v. JUENKE

United States Fifth Circuit
Antitrust & Trade Regulation
Where a manufacturer's disputed price structure harms only its retail outlets, the price discrimination has no prohibited effect on competition and...
04/27/2001 00-30595

US v. BRENES

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
Where the defendant admitted his responsibility only after the sentencing judge warned him that he could receive a greater sentence if he continued to...
04/27/2001 99-41061

RICE v. HARKEN EXPLORATION CO.

United States Fifth Circuit
Environmental Law
Intermittent streams which only infrequently contain running water are not "navigable waters" in for puroses of the Oil Pollution Act of 1990, 33 USC...
04/25/2001 99-11229

SHOLDRA v. CHILMARK FINANCIAL LLP

United States Fifth Circuit
Bankruptcy Law, Civil Procedure
Debtor's inexperience with financial affairs or reliance on incorrect advice or information does not raise a genuine issue of material fact with...
04/24/2001 00-10208

HENRIKSON v. GUZIK

United States Fifth Circuit
Criminal Law & Procedure
Congress intended "offense of which the prisoner was convicted" in 18 USC 4042(b) to refer to the current conviction, as it was clarifying that it...
04/24/2001 00-10810

CHRISTOPHER v. KENDAVIS HOLDING CO.

United States Fifth Circuit
Bankruptcy Law, Constitutional Law
Prior employee's discovery of his former employer's bankruptcy proceeding through news paper articles does not satisfy due process requirements, so...
04/24/2001 00-10670

ST. PAUL FIRE & MARINE INS. CO. v. GREEN TREE FIN. CORP.-TEXAS

United States Fifth Circuit
Contracts, Insurance Law
Alleging unlawful debt collection practices potentially states a cause of action covered under commercial insurance policies that do not limit...
04/24/2001 00-10237