United States Fifth Circuit - November 2002 Opinion Summaries

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Description Date Docket #

ASSURANCE CO. OF AM. v. KIRKLAND

United States Fifth Circuit
Civil Procedure, Insurance Law, Remedies
The district court erred in applying the Federal Anti-Injunction Act's re-litigation exception to a state chancery court action, where no...
11/26/2002 01-60913

MOORE v. COCKRELL

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
State court's denial of habeas, finding that assistance of counsel was not ineffective for failure to give notification of outcome of an appeal and...
11/26/2002 01-41160

RAMIREZ v. CITY OF SAN ANTONIO

United States Fifth Circuit
Civil Rights, Labor & Employment Law
A claim for ADA violations in employment, based on removal from a position, was time-barred where claimant failed to file a charge within 300 days...
11/26/2002 02-50002

ATLAS GLOBAL GROUP, L.P. v. GRUPO DATAFLUX

United States Fifth Circuit
Civil Procedure, Contracts
Subject matter jurisdiction existed in a contract suit by a Texas limited partnership against a Mexican corporation, where complete diversity was...
11/25/2002 01-20245

ATLAS GLOBAL GROUP, L.P. v. GRUPO DATAFLUX

United States Fifth Circuit
Civil Procedure, Contracts
Subject matter jurisdiction existed in a contract suit by a Texas limited partnership against a Mexican corporation, where complete diversity was...
11/22/2002 01-20245

US v. BIEGANOWSKI

United States Fifth Circuit
Criminal Law & Procedure, Sentencing, Health Law, Insurance Law
Multiple mail fraud, conspiracy, and money laundering convictions and sentences, arising from a scheme to use Healthcare Finance Administration forms...
11/22/2002 00-50593

CHRIS ALBITTRON CONSTR. CO., INC. v. PITNEY BOWES, INC.

United States Fifth Circuit
Commercial Law, Contracts, Injury & Tort Law
In claims arising from alleged fraud in office equipment leases, plaintiffs failed to create any issue of fact regarding fraudulent intent in fraud,...
11/21/2002 01-60727

WALKER v. CITY OF MESQUITE

United States Fifth Circuit
Attorney's Fees, Civil Rights, Constitutional Law, Property Law & Real Estate
Homeowners who challenged a remedial order as unconstitutional were a prevailing party for the purposes of an attorneys' fees award within the meaning...
11/21/2002 01-11380

CASTELLANO v. FRAGOZO

United States Fifth Circuit
Civil Rights, Constitutional Law, Criminal Law & Procedure, Injury & Tort Law
A 42 U.S.C. section 1983 claim for malicious prosecution exists under the Fourth Amendment, and evidence was sufficient for a reasonable jury to find...
11/20/2002 00-50591

THOMPSON v. MASTERCARD INT'L, INC.

United States Fifth Circuit
Banking Law, Cyberspace Law, Injury & Tort Law, Debt Collection
A lawsuit, alleging RICO violations by credit card companies and web sites arising from online gambling operations, was properly dismissed where...
11/20/2002 01-30389