United States Fifth Circuit - January 2004 Opinion Summaries

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Description Date Docket #

AIR LIQUIDE AM. CORP. v. US ARMY CORPS OF ENG'RS

United States Fifth Circuit
Military Law, Oil and Gas Law, Property Law & Real Estate, Transportation, Water Law
District court improperly allocated the cost of relocating privately owned pipelines to the Port of Houston Authority. Since the relocation was part...
01/30/2004 02-20442

CARMONA v. ANDREWS

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
District court properly dismissed prisoner's habeas petition for lack of jurisdiction. Because the Louisiana Board of Parole does not act as a state...
01/29/2004 03-30479

US v. SLANINA

United States Fifth Circuit

Criminal Law & Procedure
01/28/2004 03-20181, 03-20447

US v. VARGAS-DURAN

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
For the "use of force" provision of U.S.S.G. section 2L1.2 to apply, a defendant must intentionally avail himself of that force, and intentional use...
01/27/2004 02-20116

US v. REYNA

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
In the absence of an objection by the defendant, district court's failure to give the defendant an opportunity to allocute as required by FRCP rule 32...
01/26/2004 01-41164

ACTION INDUS., INC. v. ENGINEERED HANDLING SYS., INC.

United States Fifth Circuit
Construction, Dispute Resolution & Arbitration
Defendant unsuccessfully appeals the district court's confirmation of an arbitration award per the Federal Arbitration Act.
01/26/2004 02-60765

MCKEE v. KANSAS CITY S. RY. CO.

United States Fifth Circuit
Civil Procedure, Injury & Tort Law, Transportation
District court erred in denying plaintiff's motion to remand, incorrectly deeming the non-diverse defendants to have been fraudulently joined.
01/23/2004 03-60259

US v. LEE

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
Defendant, convicted of possession of a firearm by a convicted felon, unsuccessfully appeals from a discretionary upward departure applied pursuant to...
01/20/2004 03-10135

US v. REINHART

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
District court erred in denying defendant's motion challenging his sentence for conspiracy to commit sexual exploitation of children. Defense counsel...
01/14/2004 02-30697

LEE v. AM. AIRLINES INC.

United States Fifth Circuit
Injury & Tort Law, Transportation
(Industry: Travel & Leisure)

Plaintiff's damages claims for inconvenience and loss of a full day of "refreshing, memorable vacation" are merely an attempted re-characterization of...
01/14/2004 03-10178