United States Fifth Circuit - November 2004 Opinion Summaries

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Description Date Docket #

MALBROUGH v. CROWN EQUIP. CORP.

United States Fifth Circuit
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.
11/24/2004 04-30118

ALEXANDER v. EEDS

United States Fifth Circuit
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.
11/24/2004 03-51369

SCRUGGS v. LOWMAN

United States Fifth Circuit

Bankruptcy Law, Constitutional Law
11/23/2004 03-41333

MILLER v. NATIONWIDE LIFE INS. CO.

United States Fifth Circuit
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...
11/23/2004 03-31114

ELLIS v. LIBERTY LIFE ASSURANCE CO.

United States Fifth Circuit
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...
11/23/2004 03-20623

US v. LAMM

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
Shoplifiting an item valued less than $50 should not be excluded from a defendant's criminal history calculation.
11/23/2004 04-10315

NAIL v. MARTINEZ

United States Fifth Circuit
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...
11/23/2004 04-60178

BRAZORIA COUNTY v. EQUAL EMPOLYMENT OPPORTUNITY COMM'N

United States Fifth Circuit
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...
11/23/2004 03-60709

HAGGARTY v. TEXAS S. UNIV.

United States Fifth Circuit
Civil Rights, Criminal Law & Procedure, Injury & Tort Law
Denial of summary judgment on plaintiff's section 1983 false arrest and false imprisonment claims is reversed where defendant-police officer is...
11/19/2004 03-20411

SCARBOROUGH v. CLEMCO INDUS.

United States Fifth Circuit
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...
11/19/2004 03-30985