United States Fifth Circuit - September 2003 Opinion Summaries

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Description Date Docket #

LOUISIANA DEP'T OF HEALTH & HOSP. v. CTR. FOR MEDICARE & MEDICAID SERVS.

United States Fifth Circuit
Government Benefits, Health Law
An administrator of Medicare and Medicaid Services was unreasonable in determining that Rural Health Clinics in Louisiana do not furnish "hospital...
09/22/2003 02-60834

US v. MENDEZ-VILLA

United States Fifth Circuit

Criminal Law & Procedure, Sentencing
09/22/2003 03-10258

WESTCHESTER FIRE INS. CO. v. HASPEL-KANSAS INV. P'SHIP

United States Fifth Circuit
Injury & Tort Law, Insurance Law, Property Law & Real Estate
There was ample evidence in the record of an insurance subrogation action to support the district court's findings that the actions or inactions of a...
09/19/2003 02-30718

OTTO CANDIES, L.L.C. v. NIPPON KAIJI KYOKAI CORP.

United States Fifth Circuit
Admiralty, Contracts, Injury & Tort Law, Transportation
General maritime law cautiously recognizes the tort of negligent misrepresentation as applied to vessel classification societies, and on the facts...
09/17/2003 02-30842

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 order...
09/16/2003 02-31188

PONDEXTER v. DRETKE

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
In a capital murder petition, the district court failed to afford proper deference to the state court's decision, and the state court did not...
09/16/2003 02-41543

US v. GORDON

United States Fifth Circuit

Criminal Law & Procedure, Sentencing
09/11/2003 03-60085

ROBERTS v. US R.R. RETIREMENT BD.

United States Fifth Circuit
Civil Procedure, Labor & Employment Law, Transportation
The court has no jurisdiction to review the Railroad Retirement Board's refusal to reopen prior claims for benefits, here the denial of a first...
09/11/2003 03-60038

HADNOT v. BAY, LTD.

United States Fifth Circuit
Contracts, Dispute Resolution & Arbitration, Labor & Employment Law
The district court did not err in holding the arbitration provision of an employment contract valid and enforceable, after striking a ban on the...
09/11/2003 03-40325

HOSKINS v. BEKINS VAN LINES

United States Fifth Circuit
Contracts, Injury & Tort Law, Transportation
Summary judgment for a common carrier is affirmed in a suit stemming from loss or damage to plaintiff's personal belongings as a result of a move of...
09/10/2003 01-21236