United States Fifth Circuit - June 2004 Opinion Summaries

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Description Date Docket #

US v. DALE

United States Fifth Circuit
Banking Law, Criminal Law & Procedure, Sentencing
Defendants' convictions for securities fraud, wire fraud and money laundering were affirmed because the lower court did not err in admitting extrinsic...
06/21/2004 03-10228

SUPERIOR CREWBOATS INC. v. PRIMARY P&I UNDERWRITERS

United States Fifth Circuit
Bankruptcy Law, Injury & Tort Law
Judicial estoppel prohibited plaintiff debtors from prosecuting a personal injury claim they did not timely disclose to the bankruptcy court before...
06/21/2004 03-30692

SOFFAR v. DRETKE

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
In a capital murder case, court granted defendant's habeas petition based on Six Amendment ineffective assistance of counsel and violations of his...
06/17/2004 98-20255

US v. THERM-ALL

United States Fifth Circuit
Antitrust & Trade Regulation
Court rejected defendant's allegations that there was insufficient evidence to find it guilty of conspiring to fix prices within the building...
06/14/2004 02-20843

MAY v. HIGBEE CO.

United States Fifth Circuit
Civil Procedure, Dispute Resolution & Arbitration, Labor & Employment Law
Anti-Arbitration rulings are immediately appealable. Plaintiff should be compelled to arbitrate her Title VII gender discrimination claim, because the...
06/08/2004 03-60759

ZALAWADIA v. ASHCROFT

United States Fifth Circuit
Immigration Law
In a deportation appeal brought by habeas petition, the sole remedy the district court may issue is to vacate the removal order. It may not order the...
06/04/2004 03-30115

IN RE VOLKSWAGEN AG

United States Fifth Circuit

Civil Procedure
06/04/2004 04-40303

VULCAN MATERIALS CO. v. CITY OF TEHUACANA

United States Fifth Circuit
Property Law & Real Estate, Property Law & Real Estate
Summary judgment was improperly granted to defendant in this takings-claim challenge to an ordinance that forbids quarrying; remanded for a...
06/04/2004 02-51182

US v. FRYE

United States Fifth Circuit
Criminal Law & Procedure
An order prohibiting seeking the death penalty is vacated.
06/04/2004 02-60524

HUDSON v. FOREST OIL CORP.

United States Fifth Circuit
Insurance Law, Oil and Gas Law
District court was correct in finding that the Louisiana Oilfield Anti- Indemnity Act (LOAIA) did not apply such that the waiver of subrogation by...
06/04/2004 03-30751