United States Fifth Circuit - December 2003 Opinion Summaries

DP SOLUTIONS, INC. v. ROLLINS, INC.

Contracts
A judgment awarding plaintiff damages for breach of a computer services contract and tortious interference with contract is affirmed in all aspects...

US v. REDD

Criminal Law & Procedure
Defendant unsuccessfully appeals his conviction for attempting to possess cocaine with the intent to distribute.

CASTELLANO v. FRAGOZO

Constitutional Law
"Malicious prosecution" standing alone is not a violation of the US Constitution; to proceed under section 1983 such a claim must rest upon a denial...

PINEDA v. UNITED PARCEL SERV., INC.

Civil Rights, Labor & Employment Law
There was sufficient evidence for the jury to have found that defendant employer retaliated against plaintiff because he engaged in the protected...

BROWN v. PROTECTIVE LIFE INS. CO.

Civil Procedure
Because plaintiff could only allege injury by defendant in the amount of her credit life insurance premium, which in turn was less than the required...

MARTIN v. ALAMO CMTY. COLL. DIST.

Civil Procedure, Labor & Employment Law
Given the ordinary meaning of the word "issued" in 29 C.F.R. section 1601.19(b), the notice of intent to reconsider was issued on the day it was...

CORFIELD v. DALLAS GLEN HILLS LP

Civil Procedure, Insurance Law
The citizenship of every underwriter subscribing to a Lloyd's policy need not be considered when determining whether complete diversity exists. The...

AVONDALE INDUS., INC. v. ALARIO

Attorney's Fees, Labor & Employment Law
Defendants seeking payment for work-related hearing loss were properly awarded attorney's fees per section 28(a) of the Longshore and Harbor Workers'...

KUNKLE v. DRETKE

Criminal Law & Procedure, Habeas Corpus
District court did not err in denying habeas corpus relief to death row inmate. Plaintiff failed to establish that prejudice resulted from any...

LEWIS v. DRETKE

Criminal Law & Procedure, Habeas Corpus