United States Fifth Circuit - March 2003 Opinion Summaries

GOBERT v. WILLIAMS

Attorney's Fees, Civil Rights, Contracts, Ethics & Professional Responsibility
A contingent fee provision in a retainer agreement entered into between an attorney and a Title VII plaintiff was reasonable, and counsel was not...

US v. GRIFFIN

Criminal Law & Procedure, Tax Law
The district court abused its discretion in allowing the government to utilize an FBI agent as an overview witness to testify to issues in dispute,...

US v. RODRIGUEZ-DUBERNEY

Criminal Law & Procedure, Sentencing
An upward sentence adjustment under U.S.S.G. section 2L1.2 was based on a prior conviction for a felony drug trafficking offense under the Travel Act,...

PRESTIGE FORD v. FORD DEALER COMPUTER SERVS., INC.

Commercial Law, Contracts, Cyberspace Law, Dispute Resolution & Arbitration
A commercial arbitration award after breach of a contract to provide hardware, software, and maintenance related to computer systems is upheld, as no...

US v. MEDINA-ANICACIO

Criminal Law & Procedure, Sentencing
A California conviction for possession of a deadly weapon did not constitute a crime of violence under 18 U.S.C. section 16(b), and therefore is not...

SANDY CREEK INVESTORS, LTD. v. CITY OF JONESTOWN

Administrative Law, Civil Procedure, Constitutional Law, Property Law & Real Estate
The district court lacked jurisdiction to consider a case where a federal takings claim was not ripe, when the case was removed, for failure to...

GRANT v. GILBERT

Civil Procedure, Class Actions, Elder Law, Government Benefits, Government Law, Health Law
Where a nursing home resident has since applied for and is receiving community-based care, his challenge to state officials' failure to provide...

PACE v. BOGALUSA CITY SCH. BD.

Civil Rights, Education Law, Government Law
ADA Title II, Rehabilitation Act, and Individuals with Disabilities Education Act (IDEA) claims against state defendants are barred by state sovereign...

MARTINEZ v. DEP'T OF THE US ARMY

Civil Rights, Government Law, Labor & Employment Law
Dismissal of Title VII claims is reversed, because 42 U.S.C. section 2000e-16(c) allows federal employees to file suit in federal court if an agency...

ICEE DISTRIB., INC. v. J&J SNACK FOODS CORP.

Commercial Law, Contracts, Intellectual Property, Trademark
The district court did not err in finding that beverage distributors would suffer irreparable harm should defendants continue to distribute products...