United States Fifth Circuit - April 2002 Opinion Summaries

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Description Date Docket #

LASKY v. PHONES FOR ALL, INC.

United States Fifth Circuit
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...
04/30/2002 01-10758

SHIELDS v. NORTON

United States Fifth Circuit
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...
04/29/2002 00-50839

GREEN v. ADMINS. OF THE TULANE EDUC. FUND

United States Fifth Circuit
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...
04/29/2002 00-30530, 00-31118

US v. CARBAJAL

United States Fifth Circuit
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...
04/25/2002 01-40363

CALBILLO v. CAVENDER OLDSMOBILE, INC.

United States Fifth Circuit
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...
04/25/2002 00-51129

WEST v. BALFOUR BEATTY CONSTR., INC.

United States Fifth Circuit
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...
04/24/2002 00-51328

US v. MCWAINE

United States Fifth Circuit
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...
04/24/2002 01-60356

NUNEZ v. B&B DREDGING, INC.

United States Fifth Circuit
Admiralty, Injury & Tort Law
A land-based employee who is permanently assigned to work in the service of a vessel but who spends only 10% of his time working on board, does not...
04/23/2002 00-30993

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

United States Fifth Circuit
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...
04/23/2002 01-30012

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

United States Fifth Circuit
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...
04/23/2002 01-20363