United States Fifth Circuit - December 2004 Opinion Summaries

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Description Date Docket #

SHAW CONSTR. v. ICF KAISER ENG'RS

United States Fifth Circuit
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...
12/31/2004 02-30183

RENCARE, LTD. v. HUMANA HEALTH PLAN

United States Fifth Circuit
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...
12/31/2004 04-50087

HOUSER v. DRETKE

United States Fifth Circuit
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...
12/31/2004 04-10066

ZHANG v. ASHCROFT

United States Fifth Circuit
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...
12/30/2004 04-60183

DUZICH v. ADVANTAGE FIN. CORP.

United States Fifth Circuit

Bankruptcy Law, Civil Procedure, Injury and Tort Law
12/29/2004 04-40458

GUARDIAN LIFE INS. CO. v. FINCH

United States Fifth Circuit
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,...
12/23/2004 04-10212

WALKER INT'L HOLDINGS LTD v. REPUBLIC OF CONGO

United States Fifth Circuit
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...
12/23/2004 04-20301

GOSWAMI v. AM. COLLECTIONS ENTER.

United States Fifth Circuit

Debt Collection
12/22/2004 03-20834

COLEMAN v. DRETKE

United States Fifth Circuit
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...
12/22/2004 03-50743

WIWA v. ROYAL DUTCH PETROLEUM CO.

United States Fifth Circuit
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...
12/22/2004 03-21222