United States Fifth Circuit - April 2004 Opinion Summaries

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Description Date Docket #

PROVIDENT LIFE & ACCIDENT INS. CO. v. SHARPLESS

United States Fifth Circuit
Contracts, ERISA, Insurance Law, Labor & Employment Law
Anaesthesiologist was properly found to have made material, fraudulent misstatements in her ERISA-governed disability policy application; as this made...
04/09/2004 03-30566

BAKER v. METRO. LIFE INS. CO.

United States Fifth Circuit
ERISA, Insurance Law, Labor & Employment Law
Decedent's increased benefits never became effective under the employee life insurance plan because he was not actively at work when he increased his...
04/09/2004 02-20966

SALDANO v. ROACH

United States Fifth Circuit
Civil Procedure, Criminal Law & Procedure, Habeas Corpus
Because the District Attorney does not have a direct, substantial, and legally protectable interest in these habeas proceedings, and any interest he...
04/08/2004 03-40905

MARKOS v. CITY OF ATLANTA, TEXAS

United States Fifth Circuit
Constitutional Law, Labor & Employment Law
Former police sergeant's speech concerning alleged corruption in the police department, made when he was approached by a reporter against a backdrop...
04/08/2004 03-40140

KANIDA v. GULF COAST MED. PERS. LP

United States Fifth Circuit
Civil Rights, Injury & Tort Law, Labor & Employment Law
Plaintiff-employee was properly awarded overtime pay in the amount stipulated to by the parties before trial, no more. Her various challenges to the...
04/07/2004 02-21149

MCGOWIN v. MANPOWER INT'L, INC.

United States Fifth Circuit
ERISA, Labor & Employment Law
Plaintiff's state law fraud and conspiracy claims are preempted by ERISA; she seeks a determination of her eligibility under an ERISA plan, and prays...
04/05/2004 03-41201

IN RE TETRA APPLIED TECHS. L.P.

United States Fifth Circuit
Admiralty, Civil Procedure, Injury & Tort Law, Oil and Gas Law
An exoneration stipulation is not required to protect a shipowner's rights under the Limitation Act. District court abused its discretion by requiring...
04/05/2004 03-30719

IN THE MATTER OF MONUMENTAL LIFE INS. CO.

United States Fifth Circuit
Civil Rights, Class Actions, Insurance Law
An order denying class certification, in an action for injunctive relief alleging payment of lower benefits and charging of higher premiums to blacks...
04/02/2004 02-30540

PELTS & SKINS, LLC v. LANDRENEAU

United States Fifth Circuit
Constitutional Law
(Industry: Consumer Products)

The state's practice of using fees assessed against alligator farmers to generically market alligator products violates the First Amendment. Plaintiff...
04/02/2004 03-30523