United States Fifth Circuit - April 2002 Opinion Summaries

LASKY v. PHONES FOR ALL, INC.

Bankruptcy Law, Labor & Employment Law
Employee not entitled to an administrative priority claim for severance pay from the debtor, where he executed an employment contract containing a...

GREEN v. ADMINS. OF THE TULANE EDUC. FUND

Constitutional Law, Labor & Employment Law
In the Title VII context, where a supervisor's harassment of the plaintiff was not sexual, but occurred only after his consensual relationship with...

SHIELDS v. NORTON

Civil Procedure, Constitutional Law, Environmental Law
Action challenging the constitutionality of the Take Provision of the Endangered Species Act, 16 U.S.C. section 1538(a)(1)(B), as applied to the...

CALBILLO v. CAVENDER OLDSMOBILE, INC.

Injury & Tort Law, Labor & Employment Law
Appellant failed to create a genuine issue of material fact as to whether a polygraph service exercised sufficient control over an employer's...

US v. CARBAJAL

Criminal Law & Procedure, Sentencing
In appeal based on multiple arguments by multiple defendants, all denied, court did not err in declining to apply a proximate cause or reasonable...

US v. MCWAINE

Criminal Law & Procedure, Sentencing
No Apprendi violation in court's application of U.S.S.G. section 2D1.1(c)(1) to determine a base offense level where appellant was not sentenced in...

WEST v. BALFOUR BEATTY CONSTR., INC.

Bankruptcy Law, Corporation & Enterprise Law
A corporate officer is not entitled to indemnification under Delaware law for acts committed for his own benefit before he was employed by the...

KEENAN v. TEJADA

Civil Rights, Constitutional Law
Plaintiffs, who after alerting the district attorney and the media to police officer misconduct were later subjected to a questionable traffic stop,...

BATON ROUGE OIL & CHEM. WORKERS UNION v. EXXONMOBIL CORP.

Dispute Resolution & Arbitration, Labor & Employment Law
Because a collective bargaining agreement at issue does not require the defendant to arbitrate grievances protesting the discharge of probationary...

VOEST-ALPINE TRADING USA CORP. v. BANK OF CHINA

Banking Law, Civil Procedure, Contracts
In a diversity suit regarding the validity of a letter of credit, defendant's notice of refusal was improper where rejection was ambiguous and not...