United States Fifth Circuit - February 2002 Opinion Summaries

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Description Date Docket #

WATSON v. JOHNSON MOBILE HOMES

United States Fifth Circuit
Injury & Tort Law, Remedies
Under BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996), the size of punitive damages award of $700,000 in this case makes it constitutionally...
02/27/2002 00-60768

US v. CHARLES

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
Simple vehicle theft is a crime of violence for the purposes of U.S.S.G. section 2K2.1(a)(4)(A).
02/27/2002 01-10113

WEAVER v. DIR., OFFICE OF WORKERS' COMP. PROGRAMS

United States Fifth Circuit
Admiralty, Attorney's Fees, Injury & Tort Law, Workers' Compensation
Under the fee-shifting provision of the Longshore and Harbor Workers' Compensation Act, if an employer controverts a claim within the 30-day window...
02/26/2002 00-60475

HERNANDEZ v. JOBE CONCRETE PRODUCTS, INC.

United States Fifth Circuit
ERISA, Injury & Tort Law, Workers' Compensation
Where an employer adopted its own occupational injury plan to cover its employees' on-site injuries, a decision not required under Texas law, ERISA's...
02/26/2002 01-50292

DANIEL v. COCKRELL

United States Fifth Circuit
Criminal Law & Procedure
Defense counsel's assurance, that a particular judge would be the sentencing judge if the defendant were to plead guilty, lacked the requisite...
02/25/2002 00-20624

US v. DAVIDSON

United States Fifth Circuit
Criminal Law & Procedure, Sentencing, Cyberspace Law
Because U.S.S.G. section 3D1.2 does not require grouping of offenses, the district court did not err by failing to group seventy-one counts of child...
02/22/2002 00-10907

RIVERA v. WYETH-AYERST LABS.

United States Fifth Circuit
Civil Procedure, Class Actions, Health Law
Where plaintiffs aver that the allegedly defective product was not defective as to them, they have not demonstrated an injury in fact to themselves,...
02/22/2002 01-40122

US v. SLANINA

United States Fifth Circuit
Criminal Law & Procedure, Cyberspace Law
Given the absence of notice from the defendant's employer that his computer usage would be monitored, and the lack of any indication that other...
02/21/2002 00-20926

COCKERHAM v. CAIN

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
For the purpose of determining whether the defendant could avail himself of a particular rule in challenging his conviction, the Louisiana Supreme...
02/20/2002 99-31044

WILLIAMS v PUCKETT

United States Fifth Circuit
Criminal Law & Procedure
No certificate of appealability will issue under the AEDPA where the petitioner cannot make a substantial showing that a constitutional right was...
02/20/2002 00-60547