United States Fifth Circuit - November 2004 Opinion Summaries

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Description Date Docket #

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

HALEY v. ALLIANCE COMPRESSOR

United States Fifth Circuit
Civil Rights, Labor & Employment Law
Dismissal of plaintiff's claim for constructive discharge, under the Family and Medical Leave Act, is affirmed where she did not establish a genuine...
11/18/2004 04-30007

ROYAL INS. CO. v. HARTFORD UNDERWRITERS INS. CO.

United States Fifth Circuit
Health Law, Injury & Tort Law, Insurance Law
In dispute between insurance companies concerning whether their coverage of claims against a nursing home is primary, excess or pro rata, both...
11/18/2004 03-20983

ZAYLER v. DEP'T OF AGRIC.

United States Fifth Circuit
Administrative Law, Civil Procedure, Injury & Tort Law
Plaintiff-meat processor's counterclaim to defendant-USDA's claim for unpaid overtime services is permissible where plaintiff is entitled to bring a...
11/17/2004 03-41345

RAINWATER v. LAMAR LIFE INS. CO.

United States Fifth Circuit

Civil Procedure, Insurance Law
11/17/2004 03-60283

ECHEVERRIA v. CHEVRON, INC.

United States Fifth Circuit
Civil Procedure, Injury & Tort Law
In a personal injury lawsuit, the district court erred when it entered judgment as a matter of law against plaintiff before he had completed the...
11/16/2004 03-30924

SMITH v. US

United States Fifth Circuit
Tax Law
In a suit for a refund of federal estate taxes, judgment for defendant is affirmed where the district court did not err in refusing to consider the...
11/16/2004 04-20194

CONT'L AIRLINES, INC. v. INT'L BROTHERHOOD OF TEAMSTERS

United States Fifth Circuit
Dispute Resolution & Arbitration, Labor & Employment Law
Plaintiff successfully challenges an arbitration award, under the Railway Labor Act, which reinstated an employee who was terminated for allegedly...
11/16/2004 04-20136

S.D. v. HOOD

United States Fifth Circuit
Government Benefits, Government Law, Health Law, Injury & Tort Law, Juvenile Law
Defendant-state Medicaid agency's violation of the Medicaid Act, for failing to provide medical assistance to plaintiff, deprived plaintiff of a right...
11/16/2004 03-30007

STATE NAT'L INS. CO. INC. v. YATES

United States Fifth Circuit
Civil Procedure, Insurance Law
In a dispute concerning the coverage of an insurance policy, the district court's dismissal for inability to join an indispensable party is reversed...
11/15/2004 04-60157