United States Fifth Circuit - December 2001 Opinion Summaries

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Description Date Docket #

ARNOLD v. STATE FARM FIRE AND CASUALTY CO

United States Fifth Circuit
Civil Procedure
Where the lower court's order is premised on lack of federal subject matter jurisdiction, even though it be wrong, it is not reviewable "by appeal or...
12/28/2001 00-60104

COMPAQ COMPUTER CORP. v. COMM'R OF INTERNAL REVENUE

United States Fifth Circuit
Tax Law
In a foreign stock transaction involving the purchase and resale of American Depository Receipts (ADRs), ADR transactions have economic substance and...
12/28/2001 00-60648

MORRIS v. DILLARD DEP'T STORES, INC.

United States Fifth Circuit
Constitutional Law, Criminal Law & Procedure
A private merchant and private security officer, who arrested a plaintiff suspected of shoplifiting, are not subject to federal liability under 42...
12/26/2001 00-30710

HUNT v, RAPIDES HEALTHCARE SYSTEM, LLC

United States Fifth Circuit
Labor & Employment Law
A change in shift, without more, does not constitute an adverse employment action under the anti-retaliation provision of the Family and Medical Leave...
12/26/2001 00-31260

VALDEZ v. COCKRELL

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
The lack of a full and fair hearing during prosecution of a state crime conviction does not preclude deferential review of a federal habeas petition...
12/26/2001 99-41216

REICKENBACKER v. FOSTER

United States Fifth Circuit
Constitutional Law
Title II of the Americans with Disabilities Act of 1990 and - 504 of the Rehabilitation Act of 1973, do not validly abrogate a state's Eleventh...
12/26/2001 00-31121

US v. TAYLOR

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
Where a cooperating defendant has a use immunity agreement with the government, the government must prove that the information in defendant's...
12/21/2001 00-30936

US v. GOMEZ

United States Fifth Circuit
Criminal Law & Procedure
A homeowner has a reasonable expectation of privacy in a vehicle, owned and operated by a third party but parked on the homeowner's driveway, if the...
12/20/2001 00-51233

WALGREEN CO. v. HOOD

United States Fifth Circuit
Health Law
Medicaid providers are not intended beneficiaries under the "efficiency, economy, and quality of care" provisions of section 30(A) of Medicaid, 42 USC...
12/20/2001 01-30314

US v. FOUNTAIN

United States Fifth Circuit
Criminal Law & Procedure
16 USC 3372(d) of the Lacey Act for creating false records regarding the sale of fish does not require materiality of the false record as an element.
12/20/2001 01-30213