United States Fifth Circuit - November 2003 Opinion Summaries

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Description Date Docket #

US v. BREDIMUS

United States Fifth Circuit
Commercial Law, Constitutional Law, Criminal Law & Procedure
Conviction for knowingly and willfully traveling in foreign commerce for the purpose of engaging in a sexual act with a person under 18 years of age...
11/26/2003 02-11307

WILL-DRILL RESOURCES, INC. v. SAMSON RESOURCES CO.

United States Fifth Circuit
Contracts, Dispute Resolution & Arbitration
An order compelling arbitration is vacated, where because the very existence of any agreement to arbitrate is at issue, it is for the courts to decide...
11/26/2003 02-31185

US v. PERKINS

United States Fifth Circuit
Criminal Law & Procedure
Drug-related conviction affirmed where Border Patrol agents may make roving stops on the basis of reasonable suspicion of any criminal activity, and...
11/26/2003 02-50255

N.W. ENTERS. INC. v. CITY OF HOUSTON

United States Fifth Circuit
Constitutional Law
In an challenge to Houston's 1997 amendments to its ordinances governing sexually oriented businesses (SOBs), all of the provisions of City Ordinance...
11/25/2003 98-20255, 98-20885

VOGLER v. BLACKMORE

United States Fifth Circuit
Injury & Tort Law
Defendant's appeal, contending that district court erred in admitting the testimony of a "grief expert" and in upholding the jury's damage award to...
11/25/2003 02-41527

TAITA CHEM. CO. LTD. v. WESTLAKE STYRENE

United States Fifth Circuit
Contracts
The court reversed the judgment's award to defendant on its aiding and abetting counterclaim as it couldn't establish damages but affirmed the...
11/21/2003 02-30622

MACLACHLAN v. EXXON MOBIL CORP.

United States Fifth Circuit
ERISA, Labor & Employment Law
District court's grant of summary judgment as to defendant is affirmed. ERISA does not require employers to define its benefits plans in such a way as...
11/21/2003 02-31249

DEHOYOS v. ALLSTATE CORP.

United States Fifth Circuit
Civil Rights, Insurance Law
Application of civil rights statutes are not precluded by the McCarran-Ferguson Act, 15 U.S.C. - 1012(b).
11/21/2003 02-50721

GARCIA-MELENDEZ v. ASHCROFT

United States Fifth Circuit
Immigration Law
Petitioner's application for cancellation of removal is denied where the Immigration Judge had substantial evidence to conclude that petitioner failed...
11/19/2003 02-60382

US v. DARRINGTON

United States Fifth Circuit
Constitutional Law, Criminal Law & Procedure
Conviction affirmed where the felon in possession statute, 18 U.S.C. section 922(g)(1), is constitutional.
11/18/2003 03-20052