United States Fifth Circuit - March 2003 Opinion Summaries

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Description Date Docket #

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

United States Fifth Circuit
Commercial Law, Contracts, Intellectual Property, Trademark
(Industry: Food & Beverage)

The district court did not err in finding that beverage distributors would suffer irreparable harm should defendants continue to distribute products...
03/21/2003 02-30039

QUIJANO v. US

United States Fifth Circuit
Health Law, Injury & Tort Law, Professional Malpractice
In wrongful death and survival action against the U.S. under the Federal Tort Claims Act and Texas law, the district court erred in finding that an...
03/19/2003 02-50095

FELTON v. GREYHOUND LINES, INC.

United States Fifth Circuit
Civil Procedure, Injury & Tort Law, Transportation
The amount-in-controversy could exceed $75,000 in an action for injuries suffered while exiting a bus under Louisiana tort law. The case falls within...
03/17/2003 02-30324

US v. RAMIREZ-VELASQUEZ

United States Fifth Circuit
Criminal Law & Procedure
A marijuana conviction is affirmed as improper prosecutorial vouching for a government witness did not violate defendant's substantial rights where...
03/17/2003 02-40208

SALDANO v. O'CONNELL,

United States Fifth Circuit
Constitutional Law, Criminal Law & Procedure
The district court erred in holding that the District Attorney's application for intervention presented it with non-justiciable political questions,...
03/14/2003 02-41208

BROAD. SATELLITE INT'L, INC. v. NAT'L DIGITAL TELEVISION CTR.

United States Fifth Circuit
Commercial Law, Communications Law, Contracts
The district court properly found that a satellite lease agreement terminated in 1998, and a decision not to allow a jury to construe a fee agreement...
03/13/2003 02-50168

TANGO TRANSP. v. HEALTHCARE FIN. SERVS. LLC

United States Fifth Circuit
Civil Procedure, ERISA, Health Law, Labor & Employment Law
The assignee of a health care provider who has a valid assignment from a plan participant or beneficiary has derivative standing to bring a cause of...
03/12/2003 02-60284

US v. BURTON

United States Fifth Circuit
Criminal Law & Procedure
Where prosecution failed to make a showing that the absence of a Nissan manufacturer in Mississippi was a matter of common knowledge of jurors, and...
03/12/2003 02-60428

US v. GREEN

United States Fifth Circuit
Criminal Law & Procedure, Evidence
A firearm found during a warrantless vehicle search should have been suppressed where defendant was secured 25 feet from the vehicle at the time of...
03/11/2003 01-31359

US v. AHMED

United States Fifth Circuit
Criminal Law & Procedure, Immigration Law, Sentencing
The district court erred in applying the sentence enhancement under U.S.S.G. section 3C1.1.6, where defendant's statements to the FBI did not actually...
03/10/2003 02-51350