United States Fifth Circuit - November 2004 Opinion Summaries

ALEXANDER v. EEDS

Civil Rights, Constitutional Law, Labor & Employment Law
Internal investigation reports on police error is not speech on a public concern, and therefore is not afforded constitutional protection.

MALBROUGH v. CROWN EQUIP. CORP.

Evidence, Injury & Tort Law, Product Liability
The Louisiana Products Liability Act does not require expert testimony in every instance in which a design defect is alleged.

NAIL v. MARTINEZ

Administrative Law, Attorney's Fees
A decision by the Department of Housing and Urban Development (HUD), that is later found to be arbitrary and capricious, does not mean that the HUD...

BRAZORIA COUNTY v. EQUAL EMPOLYMENT OPPORTUNITY COMM'N

Civil Rights, Labor & Employment Law
In a claim for employment retaliation, defendants are not liable where their conduct was not the ultimate employment decision required for...

SCRUGGS v. LOWMAN

Bankruptcy Law, Constitutional Law

MILLER v. NATIONWIDE LIFE INS. CO.

Civil Rights, Class Actions, Insurance Law, Securities Law
Plaintiff's suit, alleging defendant improperly charged transaction fees for trades, is dismissed where the Securities Act claim is barred by the...

ELLIS v. LIBERTY LIFE ASSURANCE CO.

Civil Rights, Insurance Law, Labor & Employment Law
Summary judgment in favor of plaintiff's ERISA claim is reversed where defendant-plan administrator did not abuse its discretion when it terminated...

US v. LAMM

Criminal Law & Procedure, Sentencing
Shoplifiting an item valued less than $50 should not be excluded from a defendant's criminal history calculation.

MELTON v. DALLAS AREA RAPID TRANSIT

Civil Rights, Transportation
Defendant-transit service's practice of picking up plaintiff, who is disabled, on the street instead of the alley is not discrimination under the ADA...

SCARBOROUGH v. CLEMCO INDUS.

Injury & Tort Law, Labor & Employment Law
An individual who has invoked his Jones Act seaman status, along with his survivors, may not recover nonpecuniary damages from non-employer third...