United States Fifth Circuit - July 2001 Opinion Summaries

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Description Date Docket #

PAINEWEBBER INC. v. THE CHASE MANHATTAN PRIVATE BANK (SWITZERLAND)

United States Fifth Circuit
Civil Procedure, Dispute Resolution & Arbitration
A foreign corporation with no other meaningful connection to Texas does not impliedly consent to the jurisdiction of a district court in Texas by...
07/31/2001 00-20917

US v. DE LOS SANTOS

United States Fifth Circuit
Criminal Law & Procedure
A preliminary order of forfeiture is a final, appealable judgment under the 1994 version of Rule 32(d)(2) of the Federal Rules of Criminal Procedure.
07/31/2001 98-41602

WANG v. ASHCROFT

United States Fifth Circuit
Administrative Law, Civil Procedure
While an agency may act upon its own motion, a party that seeks to challenge on appeal the failure of an agency to act sua sponte must sufficiently...
07/31/2001 00-60291

US v. RODRIGUEZ

United States Fifth Circuit
Constitutional Law, Criminal Law & Procedure
The government may not argue that the jury should infer a defendant's guilt directly from his post-arrest silence, and where the prosecutor argues...
07/30/2001 99-10982

US v. LANDEROS - ARREOLA

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
Where defendant's sentence was reduced from a potentially qualifying term of imprisonment to probation, and it was not a suspension of the sentence, a...
07/27/2001 00-50512

HICKMAN v. STATE OF TEXAS

United States Fifth Circuit
Bankruptcy Law
11 USC 523(a)(7) excludes from discharge only those forfeitures imposed because of misconduct or wrongdoing by the debtor, so a debt arising from the...
07/26/2001 00-10604

US v. CLARK

United States Fifth Circuit
Criminal Law & Procedure, Sentencing, Habeas Corpus
In determining whether an amendment to a habeas petition would be futile, district courts may need to determine whether Apprendi announces a...
07/26/2001 99-50485

MCCLENDON v. CITY OF COLUMBIA

United States Fifth Circuit
Civil Rights, Injury & Tort Law
The Fifth Circuit adopts the "State Created Danger" theory of liability, requiring that a plaintiff need only show that state actors created a...
07/26/2001 00-60256

HARPER MACLEOD SOLICITORS v. KEATY & KEATY

United States Fifth Circuit
Civil Procedure
A registering court may rely on F. R. Civ. P. 60(b)(4) to entertain jurisdictional challenges to the validity of a default judgment issued by another...
07/26/2001 00-30906

US v. VILLAFRANCA

United States Fifth Circuit
Criminal Law & Procedure
A local prosecutor's fixing of drug cases interfered with or facilitated narcotics trafficking sufficient to create an effect on interstate commerce,...
07/25/2001 99-4059