United States Fifth Circuit - May 2002 Opinion Summaries

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Description Date Docket #

US v. WYNN

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
Prisoner's late-filed 28 U.S.C. section 2255 motion may be entitled to equitable tolling, where a court letter advising him of the lack of action in...
05/31/2002 01-10660

HUGH SYMONS GROUP v. MOTOROLA, INC.

United States Fifth Circuit
Contracts, Consumer Protection Law, Injury & Tort Law
A plaintiff may not assert a claim acquired by assignment, under the Texas Deceptive Trade Practices Act, where the assignor has assets of greater...
05/28/2002 01-50835

US v. MORGAN

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
District court erred in considering the weight of the liquid solution in which LSD was contained, in addition to the weight of the LSD itself, in...
05/23/2002 01-20500

US v. RUNYAN

United States Fifth Circuit
Criminal Law & Procedure, Sentencing, Cyberspace Law
Defendant's conviction for distribution of child pornography reversed, where evidence did not show dissemination or transportation; searches conducted...
05/22/2002 00-10821, 01-11207

US v. SOUTHLAND MGMT. CORP.

United States Fifth Circuit
Property Law & Real Estate, Government Law
Materiality is a required element of an action under the civil False Claims Act, but summary judgment in favor of defendants was inappropriate, where...
05/22/2002 00-60267

MARTINEZ v. TEXAS COURT OF CRIMINAL APPEALS

United States Fifth Circuit
Civil Rights, Constitutional Law, Criminal Law & Procedure, Sentencing, Habeas Corpus
Even if Texas Death Row prisoners' challenges to state's "policy" of appointing ineffective state habeas counsel could be distinguished from their...
05/21/2002 02-40755

BAUHAUS USA, INC. v. COPELAND

United States Fifth Circuit
ERISA, Injury & Tort Law, Insurance Law, Labor & Employment Law
ERISA does not authorize an employer's action seeking a declaratory judgment that it was entitled, under the terms of an employee benefit plan, to...
05/21/2002 01-60343

ABRAMS v. BAKER HUGHES INC.

United States Fifth Circuit
Class Actions, Securities Law
Dismissal of a securities fraud class action claim, under sections 10(b) and 20(a) of the Exchange Act, was proper where plaintiffs failed to...
05/21/2002 01-20514

RAMSEY v. HENDERSON

United States Fifth Circuit
Civil Rights, Labor & Employment Law
While it was error for the district court not to consider acts of discrimination falling outside of the actionable period as relevant background...
05/20/2002 01-30287

LASALLE BANK NAT'L ASS'N v. SLEUTEL

United States Fifth Circuit
Contracts, Property Law & Real Estate
A guarantor validly waived any right of offset he may have had under Texas Property Code section 51.003; prepayment consideration was properly...
05/16/2002 01-10487