United States Fifth Circuit - July 2003 Opinion Summaries

US v. PAYNE

Criminal Law & Procedure, Evidence
Considering an affidavit and the circumstances surrounding issuance of a search warrant, the good faith exception applies; evidence supported a...

NUNEZ v. SIMMS

Constitutional Law, Education Law, Labor & Employment Law
Because a teacher had no property interest in continued employment after her teaching certification lapsed, the clearly established constitutional...

IN RE: HORSESHOE ENTM'T.

Civil Procedure
The district court clearly erred and abused its discretion in denying a motion to transfer venue of a Title VII/ADA case, as factors favoring transfer...

NEWBY v. ENRON CORP.

Civil Procedure, Securities Law
The district court was authorized, under the Securities Litigation Uniform Standards Act of 1998 and the All Writs Act, to issue an order staying...

BAUER v. STATE OF TEXAS

Civil Procedure, Constitutional Law
Dismissal of a 42 U.S.C. section 1983 claim against a county judge, seeking a declaratory judgment that section 875 of the Texas Probate Code is...

LISLE v. COMM'R OF INTERNAL REVENUE

Tax Law
The Tax Court clearly erred in finding that the government proved income taxpayers' deficiency due to fraud by clear and convincing evidence, but...

MONK v. HUSTON

Administrative Law, Constitutional Law, Environmental Law
A preliminary injunction precluding the Texas Commission of Environmental Quality from considering a landfill permit application is vacated because...

GOLDSTEIN v. MCI WORLDCOM

Civil Procedure, Securities Law
Where a complaint for securities fraud does not adequately plead scienter in conformity with the Private Securities Litigation Reform Act and Rule...

BIGBY v. COCKRELL

Constitutional Law, Criminal Law & Procedure, Habeas Corpus, Sentencing
Murder conviction is affirmed over claims that trial judge denied petitioner his constitutional right to due process by declining to recuse himself...

FRUGE v. PARKER DRILLING CO.

Contracts, Injury & Tort Law
In a claim for personal injuries suffered on a drilling platform, the platform owner and independent contractors hired by the owner are not subject to...