United States Fifth Circuit - February 2002 Opinion Summaries

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Description Date Docket #

NATIONWIDE MUT. INS. CO. v. UNAUTHORIZED PRACTICE OF LAW COMM.

United States Fifth Circuit
Civil Procedure, Ethics & Professional Responsibility, Insurance Law
Whether Texas law prohibits an insurance company from employing staff attorneys to represent its insureds in policy-related cases is not a question...
02/20/2002 00-11025

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

FLEETWOOD ENTERPRISES, INC. v. GASKAMP

United States Fifth Circuit
Contracts, Dispute Resolution & Arbitration, Injury & Tort Law
Children who were neither signatories to, nor third-party beneficiaries of, a contract executed by their parents may not be bound by an arbitration...
02/19/2002 01-20334

STOUT v. BAXTER HEALTHCARE CORP.

United States Fifth Circuit
Civil Rights, Labor & Employment Law
Where all of the evidence in the record indicated that the plaintiff was fired because of her absenteeism, not because of her pregnancy, she could not...
02/19/2002 00-60542

RIVERA v. WYETH-AYERST LAB.

United States Fifth Circuit
Civil Procedure, Class Actions, Constitutional Law, Health Law
In an appeal seeking nationwide class certification of drug purchasers and their insurance companies, plaintiffs' failure to demonstrate an injury in...
02/15/2002 01-40122

BANK ONE, N.A. v. SHUMAKE

United States Fifth Circuit
Commercial Law, Dispute Resolution & Arbitration, Indian Law
In a appeal of the dismissal of a bank's consolidated claims to compel arbitration of credit card disputes occurring on an Indian Reservation, under...
02/15/2002 01-60228, 01-60229, 01-60230, 01-60231, 01-60232, 01-60233, 01-60234, 01-60235, 01-60236, 01-60237, 01-60238

LYN-LEA TRAVEL CORP. v. AMERICAN AIRLINES

United States Fifth Circuit
Contracts
The Airline Deregulation Act, 49 USC 41713(b)(1), preempts a travel agent's state law claims, but will not defeat the agent's defense to the airline's...
02/14/2002 00-11174

WILLIAMS v PUCKETT

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
No certificate of appealability will issue under the AEDPA where petitioner could not make a substantial showing that a constitutional right was...
02/14/2002 00-60547

US v MORECI

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
Identification of "over 50 kilograms" of marijuana without an explicit upper range quantity in defendant's indictment sufficiently alleges a drug...
02/14/2002 00-20795

STAHL v NOVARTIS PHARMACEUTALS CORP.

United States Fifth Circuit
Health Law, Injury & Tort Law
Since there is no "intentional acts" exception to the exclusive remedy provision of the Louisiana Products Liability Act, plaintiff's intentional tort...
02/14/2002 00-31440