United States Fifth Circuit - October 2001 Opinion Summaries

BALOGUN v. ASHCROFT

Civil Procedure, Immigration Law
If an alien is inadmissible for having committed offenses specified in 8 USC 1182(a), he is removable as well, and 8 USC 1252(a)(2)(C) prevents...

BANKS v. DALLAS HOUSING AUTH.

Civil Rights, Landlord Tenant Law
There is no implied private right of action under section 8 of the Housing Act of 1937, 42 USC 1437f(e)(since repealed), and violations of that...

THE HOUSTON EXPLORATION CO. v. HALLIBURTON ENERGY SERVS., INC.

Injury & Tort Law
Where the record does not support a conclusion that an operator would anticipate that an improperly pinned valve would contribute to a well blow-out,...

DIAL ONE OF THE MID-SOUTH ONE, INC. v. BELLSOUTH TELECOMMS., INC.

Intellectual Property
The innocent infringer defense under section 1114(2) of the Lanham Act requires the infringer to act in an objectively reasonable manner, rather than...

SANTELLAN v. COCKRELL

Criminal Law & Procedure, Habeas Corpus
Where the jury convicted on a ground that was not supported by adequate evidence, but there existed alternative grounds for which the evidence was...

US v. EMERSON

Constitutional Law
18 USC 922(g)(8)(C)(ii), prohibiting possession of a firearm while subject to a court order relating to a threat of harm against a spouse or child, is...

WASHINGTON LEGAL FOUND. v. TEXAS EQUAL ACCESS TO JUSTICE FOUND.

Constitutional Law, Ethics & Professional Responsibility
The Texas Interest on Lawyers Trust Accounts program's confiscation of interest earned on client-funds deposited in demand accounts is a per se...

MATO v. BALDAUF

Labor & Employment Law
Where the plaintiff has not shown that the persons with the animus toward her were responsible for her discharge, as opposed to involved with the...

FRIBERG v. KANSAS CITY S. RY. CO.

Transportation
The Interstate Commerce Commission Termination Act of 1995 preempts actions under state laws regulating the length of time a train can block a highway...

US v. DAVIS

Constitutional Law, Criminal Law & Procedure
Even "hybrid" representation, which involves the defendant acting as his own attorney at certain points in the trial, while his attorney continues to...