United States Fifth Circuit - August 2003 Opinion Summaries

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Description Date Docket #

SCHILLER v. PHYSICIANS RES. GROUP INC.

United States Fifth Circuit
Civil Procedure, Securities Law
District court did not abuse its discretion in dismissing with prejudice a third-amended private securities fraud complaint, as plaintiffs were aware...
08/29/2003 02-11049

ROSS v. CITIFINANCIAL, INC.

United States Fifth Circuit
Civil Procedure
In consolidated 28 U.S.C. section 1292(b) interlocutory appeals from remand-denials where diversity-jurisdiction removal was based on fraudulent...
08/29/2003 02-60608, 02-60609

LAWRENCE v. MCCARTHY

United States Fifth Circuit
Civil Procedure, Military Law
In a suit arising from the U.S. Marine Corps's attempts to recall the plaintiff to active duty in order to answer allegations of improper behavior,...
08/29/2003 02-30966

US EX REL. DOE v. DOW CHEM. CO.

United States Fifth Circuit
Administrative Law, Civil Procedure, Sanctions
Dismissal of a reverse false claim under the False Claims Act is affirmed based on failure to plead with particularity under FRCP 9(b), and denial of...
08/29/2003 02-30790

BAUER v. STATE OF TEXAS

United States Fifth Circuit
Civil Rights, Constitutional Law
A 42 U.S.C. section 1983 claim challenging the constitutionality of the Texas guardianship statutes, against the presiding judge of a county probate...
08/28/2003 02-20412

US v. GRANT

United States Fifth Circuit
Constitutional Law, Criminal Law & Procedure
A police officer who made a traffic stop did not detain defendant for an unreasonable time, beyond the scope of the traffic stop, and discovery of the...
08/27/2003 02-41130

CARSON v. DYNEGY, INC.

United States Fifth Circuit
Copyright, Intellectual Property, Civil Procedure
In an infringement action, estoppel bars plaintiff's infringement claim in the 24HA Worksheet, used to process bids for electrical power over the...
08/27/2003 02-41279

IN THE MATTER OF EVERT

United States Fifth Circuit
Bankruptcy Law, Contracts, Family Law
A promissory note did not constitute "alimony, support, or separate maintenance" to be shielded from bankruptcy creditors under 11 U.S.C. section...
08/26/2003 02-50411

MORRIS v. T E MARINE CORP.

United States Fifth Circuit
Admiralty, Civil Procedure, Injury & Tort Law
District court's remand order, following an order granting summary judgment, was a final appealable order, and plaintiff's failure to appeal that...
08/26/2003 02-31188

US v. CARMICHAEL

United States Fifth Circuit
Civil Rights, Constitutional Law, Criminal Law & Procedure, Sentencing
Convictions and sentence for federal bank robbery charges are affirmed and appeals dismissed for lack of jurisdiction where it is a matter of...
08/25/2003 02-40561, 02-21023