United States Fifth Circuit - December 2004 Opinion Summaries

RENCARE, LTD. v. HUMANA HEALTH PLAN

Administrative Law, Contracts, Health Law, Insurance Law
In a medical insurance coverage dispute, the district court improperly dismissed plaintiff's claims for failure to exhaust administrative remedies...

HOUSER v. DRETKE

Constitutional Law, Criminal Law & Procedure
Plaintiff's request for a certificate of appealability is denied where no reasonable jurist could find debatable the absence of a constitutional claim...

SHAW CONSTR. v. ICF KAISER ENG'RS

Construction, Contracts
A subcontractor has the right to regard a subcontract dissolved, and the parties restored to their pre-contract positions, when it becomes evident...

ZHANG v. ASHCROFT

Immigration Law
Statutory relief, for refugees seeking asylum from a foreign country's coercive population control program, is limited to spouses, and does not apply...

DUZICH v. ADVANTAGE FIN. CORP.

Bankruptcy Law, Civil Procedure, Injury and Tort Law

GUARDIAN LIFE INS. CO. v. FINCH

ERISA, Insurance Law
In an interpleader action to determine the beneficiary of a life insurance plan governed by ERISA, applying the federal common law of waiver,...

WALKER INT'L HOLDINGS LTD v. REPUBLIC OF CONGO

Contracts, Debt Collection, International Law
Dismissal of plaintiff's garnishment action is affirmed where the garnishment funds sought were not used for commercial activity under the Foreign...

COLEMAN v. DRETKE

Constitutional Law, Criminal Law & Procedure
The state must provide due process before imposing sex offender registration and therapy as conditions to the release on mandatory supervision of a...

WIWA v. ROYAL DUTCH PETROLEUM CO.

Civil Procedure, Class Actions, Environmental Law, International Law, Military Law, Oil and Gas Law
In a class action suit alleging brutal repression of an ethnic minority, the district court's quashing of a subpoena directed to a non-party, and its...

GOSWAMI v. AM. COLLECTIONS ENTER.

Debt Collection