United States Fifth Circuit - July 2003 Opinion Summaries

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Description Date Docket #

US v. PAYNE

United States Fifth Circuit
Criminal Law & Procedure, Evidence
Considering an affidavit and the circumstances surrounding issuance of a search warrant, the good faith exception applies; evidence supported a...
07/31/2003 01-50351

IN RE: HORSESHOE ENTM'T.

United States Fifth Circuit
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...
07/30/2003 02-30682

BAUER v. STATE OF TEXAS

United States Fifth Circuit
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...
07/30/2003 02-20412

NEWBY v. ENRON CORP.

United States Fifth Circuit
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...
07/30/2003 02-20486

LISLE v. COMM'R OF INTERNAL REVENUE

United States Fifth Circuit
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...
07/30/2003 01-60639/40/41/42

NUNEZ v. SIMMS

United States Fifth Circuit
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...
07/30/2003 02-50625

GOLDSTEIN v. MCI WORLDCOM

United States Fifth Circuit
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...
07/29/2003 02-60322, 03-60248

MONK v. HUSTON

United States Fifth Circuit
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...
07/29/2003 02-40880, 02-41155

BIGBY v. COCKRELL

United States Fifth Circuit
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...
07/29/2003 99-11262

IN THE MATTER OF CPDC, INC.

United States Fifth Circuit
Banking Law, Bankruptcy Law, Commercial Law, Contracts, Debt Collection
Defendants timely cured alleged violations of the Texas usury statute, which affords a creditor 60 days to cure from the date when the creditor...
07/23/2003 02-20197