United States Fifth Circuit - September 2001 Opinion Summaries

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Description Date Docket #

ZIBMAN v. TOW

United States Fifth Circuit
Bankruptcy Law
Because the Texas homestead exemption explicitly limits the exemption to six months, a failure to reinvest the proceeds of a sale into another Texas...
09/28/2001 00-20898

CONNER v. LAVACA HOSP. DIST.

United States Fifth Circuit
Contracts
An unearned benefit per se is not sufficient to grant relief under the partial performance exception to the statute of frauds; instead, the...
09/28/2001 00-40526

US v. ESPARZA-GONZALEZ

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
A district court's failure to verify that a defendant has read and discussed the presentencing report with his defense counsel, as required by Fed. R....
09/26/2001 01-50213; 01-50262

LITTLEFIELD v. FORNEY INDEP. SCH. DIST.

United States Fifth Circuit
Constitutional Law, Education Law
While parents have a fundamental right in the upbringing and education of their children, this right does not mandate that a parental objection to a...
09/26/2001 00-10965

NATHENSON v. ZONAGEN INC.

United States Fifth Circuit
Class Actions, Securities Law
In determining whether plaintiffs have pled the necessary "strong inference" of scienter in a securities class action complaint, the district court...
09/25/2001 99-20449

THERMO TERRATECH v. GDC ENVIRO-SOLUTIONS, INC.

United States Fifth Circuit
Insurance Law
Under Louisiana law, a Professional Liability exclusion applies only when the property damage arose from the negligent rendering of a professional...
09/24/2001 00-30723

US v. VALADEZ

United States Fifth Circuit
Constitutional Law, Criminal Law & Procedure
Police violated defendant's Fourth Amendment rights by detaining him pending the completion of a computer check after the stopping officer became...
09/21/2001 00-50751

US v. JOHNSON

United States Fifth Circuit
Constitutional Law, Criminal Law & Procedure
A trial court may not sequester a defendant from speaking with his counsel, even if the court recesses during the defendant's testimony, because it...
09/19/2001 99-30549; 99-30586

US v. CARREON-PALACIO

United States Fifth Circuit
Criminal Law & Procedure
In situations where adequate allegations regarding venue are in the indictment, but the impropriety of venue becomes apparent at the close of the...
09/19/2001 00-50362

CELESTINE v. PETROLEOS DE VENEZUELLA SA

United States Fifth Circuit
Civil Procedure
While strict enforcement of the ten day notice requirement of Rule 56(c) is necessary because summary judgment is a final adjudication on the merits,...
09/18/2001 00-30171