United States Fifth Circuit - February 2003 Opinion Summaries

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Description Date Docket #

KANE ENTERS. v. MACGREGOR (USA), INC.

United States Fifth Circuit
Admiralty, Contracts, Government Contracts
(Industry: Aerospace & Defense)

In a contract claim against a naval contractor, a commercial barge operator failed to state a claim for an equitable lien in any appropriate fund or...
02/27/2003 02-30432

US v. RUBIO

United States Fifth Circuit
Criminal Law & Procedure
Convictions for extortion and conspiracy under the Hobbs Act are affirmed, as (1) the district court did not constructively amend the indictment...
02/27/2003 01-40105

AM. HERITAGE LIFE INS. CO. v. LANG

United States Fifth Circuit
Contracts, Dispute Resolution & Arbitration, Insurance Law
Where plaintiff had notice of defendant's ignorance, the alleged failure to identify and explain arbitration agreements at issue may constitute fraud...
02/26/2003 02-60639

US v. MENDOZA-MATA

United States Fifth Circuit
Criminal Law & Procedure, Immigration Law
Where failed to show that he was actually prejudiced by the denial of a discretionary hearing of a deportation order, the district court properly...
02/25/2003 01-51147

GOWESKY v. SINGING RIVER HOSP. SYS.

United States Fifth Circuit
Health Law, Labor & Employment Law
A plaintiff infected with hepatitis C, who repeatedly refused to report for work assignments, was not considered "disabled" within the meaning of the...
02/25/2003 02-60283

US v. GARCIA

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
U.S.S.G. section 5G1.2(d) requires that the district court impose consecutive sentences to equal the "total punishment" prescribed by the guidelines,...
02/21/2003 01-51150

BOCANEGRA v. VICMAR SERVICES, INC.

United States Fifth Circuit
Evidence, Injury & Tort Law
In a wrongful death and survival action, evidence relating to the effect of defendant's use of marijuana on his driving abilities was improperly...
02/19/2003 01-31121

BEAN v. BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

United States Fifth Circuit
Administrative Law, Criminal Law & Procedure
The District Court's ruling that it had jurisdiction, under 18 U.S.C. section 925(c), to review plaintiff's application for relief from federal...
02/19/2003 00-40304

BANKS v. E. BATON ROUGE PARISH SCH. BD.

United States Fifth Circuit
Civil Rights, Education Law, Labor & Employment Law
Employees failed to make a prima facie showing of Title VII retaliation, where they did not show that a school board's implementation of a reading...
02/19/2003 02-30090

CASTELLANO v. FRAGOZO

United States Fifth Circuit
Constitutional Law, Criminal Law & Procedure, Remedies
In a malicious prosecution case, the trial court's erroneous use of "due process" instead of "unreasonable seizure" did not result in an incorrect...
02/18/2003 00-50591