United States Fifth Circuit - July 2001 Opinion Summaries

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Description Date Docket #

US v. GONZALEZ

United States Fifth Circuit
Criminal Law & Procedure
Where the court and counsel engaged in extensive discussion about defendant's waiver of the right to appeal, and defendant affirmatively acknowledged...
07/19/2001 00-50406

INTERNAL REVENUE SERVICE v. LUONGO

United States Fifth Circuit
Bankruptcy Law, Civil Procedure, Tax Law
11 USC 505(a)(1) vests the bankruptcy court with broad jurisdiction over tax matters of the estate and the debtor, including determinations with...
07/18/2001 00-10475

DELEON v. LLOYD'S LONDON, CERTAIN UNDERWRITERS

United States Fifth Circuit
Insurance Law
Where a company self-insured under Texas law, but diversified its risk by purchasing life insurance on the lives of its workers, the insurance company...
07/18/2001 00-20120

PRICE v. ROARK

United States Fifth Circuit
Civil Rights, Constitutional Law
Where there is any valid reason for arrest, a law enforcement officer is entitled to qualified immunity from charges of false arrest and malicious...
07/18/2001 00-60589

DOE v. GLICKMAN

United States Fifth Circuit
Civil Procedure
Even if a potential intervenor in a federal suit has known about the existence of the lawsuit for some time, the appropriate time period for...
07/18/2001 00-50832

US v. JOHNSTON

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
The consensual delegation of 28 USC 2255 motions to magistrate judges violates Article III of the Constitution.
07/13/2001 99-20810

US v. WHITE

United States Fifth Circuit
Criminal Law & Procedure
The offenses of "reckless conduct" and "terroristic threat" lack the element of physical force or threatened use of a deadly weapon required by 18 USC...
07/13/2001 00-40393

HORAIST v. DOCTOR'S HOSP. OF OPELOUSAS

United States Fifth Circuit
Civil Rights, Labor & Employment Law
La. Rev. Stat. Ann. 23:303(D), which tolled the statute of limitations for state law related employment discrimination pending EEOC review, does not...
07/11/2001 99-31121

ELLIS v. WEASLER ENG'G INC.

United States Fifth Circuit
Injury & Tort Law
Evidence that plaintiff's arm was torn off while inspecting a malfunctioning nut-harvesting machine while it was running is sufficient to support...
07/11/2001 99-30965

BOUDREAUX v. JEFFERSON ISLAND STORAGE & HUB, LLC

United States Fifth Circuit
Civil Procedure, Property Law & Real Estate
Statute of limitations for trespass claim started to run when plaintiff learned of defendant's allegedly trespassing conduct, and continued presence...
07/11/2001 00-31184