United States Fifth Circuit - March 2003 Opinion Summaries

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Description Date Docket #

US v. GRIFFIN

United States Fifth Circuit
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,...
03/10/2003 01-20368

GREGSON v. ZURICH AM. INS. CO.

United States Fifth Circuit
Administrative Law, Contracts, Health Law, Insurance Law, Labor & Employment Law, Workers' Compensation
An employee need not initiate and exhaust administrative remedies through the Texas Workers' Compensation Commission when an insurance carrier who...
03/07/2003 02-20169

FOLEY v. UNIV. OF HOUSTON SYS.

United States Fifth Circuit
Civil Rights, Education Law, Labor & Employment Law
The district court erred in rejecting a defense of qualified immunity with respect to a university faculty member's 42 U.S.C. section 1981 retaliation...
03/06/2003 01-41485

US v. VILLARREAL

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
Sufficiency of evidence, motion for new trial based on newly discovered evidence, and ineffective assistance of counsel claims are all rejected, and...
03/06/2003 01-40392

BELGARD v. US DEP'T OF AGRIC.

United States Fifth Circuit
Administrative Law, Agriculture, Remedies
In an appeal of the USDA's reduction of plaintiff's award under the Crop Loss Disaster Assistance Program, summary judgment in favor of the USDA is...
03/06/2003 02-30091, 02-30306

US v. MISSISSIPPI DEP'T OF PUBLIC SAFETY

United States Fifth Circuit
Constitutional Law, Government Law, Labor & Employment Law
The United States is not barred by the Eleventh Amendment from suing a state to enforce federal law and obtain the relief authorized by the Americans...
03/05/2003 02-60048

CENTRAL FREIGHT LINES INC. v. APA TRANSPORT CORP.

United States Fifth Circuit
Civil Procedure, Transportation
District court erred in holding that it lacked personal jurisdiction over the New Jersey defendant, because defendant's actions of sending...
03/05/2003 02-50702

US v. JIMENEZ

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
Defendant's conviction and sentence affrimed where his high-speed chase thorough a neighborhood satisfied the "Reckless Endangerment during Flight"...
03/05/2003 02-40490

ROBERTSON v. CAIN

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
AEDPA's restrictions on federal review of state habeas decisions do not alter the Brecht v. Abrahamson, 507 U.S. 619 (1993), mandate for harmless...
03/05/2003 01-31223

US v.GARCIA-GARCIA

United States Fifth Circuit
Criminal Law & Procedure, Immigration Law
A canine "sniff-and contact" at a fixed immigration checkpoint, and subsequent questioning of defendant about drug activity, were reasonable under the...
03/05/2003 02-40083