United States Fifth Circuit - December 2002 Opinion Summaries

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Description Date Docket #

REVELL v. LIDOV

United States Fifth Circuit
Civil Procedure, Cyberspace Law, Injury & Tort Law
Dismissal of an action for defamation, arising from a university professor's posting of an article on the internet, is affirmed as low-level...
12/31/2002 01-10521

US v. JETER

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
The district court did not abuse its discretion in rejecting defendant's initial plea agreement, based on a sentencing discrepancy and the objectives...
12/31/2002 01-11591

SIERRA CLUB v. ENVTL. PROT. AGENCY

United States Fifth Circuit
Administrative Law, Environmental Law, Health Law
The EPA's approval of an extension of the statutory date for meeting ozone attainment standards was in violation of the Clean Air Act (CAA), but the...
12/31/2002 01-60537

US v. RIGGS

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
The district court abused its discretion in equitably tolling the statute of limitations for an untimely 28 U.S.C. section 2255 motion, because mere...
12/30/2002 02-30396

US v. MESSERVEY

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
A trial judge did not abuse his discretion in 1) denying defendant's attorneys a fifth trial continuance for additional preparation time, or 2)...
12/30/2002 01-50803

US v. PRESCRIPTION HOME HEALTH CARE, INC.

United States Fifth Circuit
Bankruptcy Law, Corporation & Enterprise Law, Tax Law
The bankruptcy court was without jurisdiction to enjoin the IRS from, under 26 U.S.C. section 6672, assessing and collecting taxes from a non-debtor...
12/30/2002 02-50132

US v. MCCARTER

United States Fifth Circuit
Criminal Law & Procedure
The trial court abused its discretion in failing to sever a felon-in-possession ammunition charge from drug counts, thus a conviction is vacated.
12/27/2002 01-21203

CITY OF SHREVEPORT v. SHREVE TOWN CORP.

United States Fifth Circuit
Civil Procedure, Constitutional Law, Property Law & Real Estate, Government Law
Entry of final judgment under FRCP 54(b), allowing a city to expropriate a corporation's property, is affirmed because the city possesses a...
12/26/2002 01-30783

FRANK v. DELTA AIRLINES, INC.

United States Fifth Circuit
Injury & Tort Law, Labor & Employment Law, Transportation
An airline employee's claims for negligence, defamation, and intentional infliction of emotional distress under Texas law, arising from employment...
12/26/2002 01-11393

US v. DUFFAUT

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
A vehicle owner's consent was not necessary in order for police officers to use a drug-sniffing dog to perform a free-air search, and admission of...
12/20/2002 01-30984