United States Fifth Circuit - January 2005 Opinion Summaries

VINES v. UNIV. OF LOUISIANA AT MONROE

Civil Procedure, Education Law, Labor & Employment Law, Remedies
Defendant's motion for a permanent injunction against plaintiff's age discrimination suit is granted, under the "relitigation exception" to the...

RAMIREZ v. DRETKE

Criminal Law & Procedure, Habeas Corpus
Denial of plaintiff's petition for a writ of habeas corpus is affirmed over his challenges that 1) he was denied the right to confront a witness, 2)...

DOE1 v. KPMG, LLP

Civil Procedure, Corporation & Enterprise Law, Tax Law
Equitable tolling may not be used to extend the three-year statute of limitations of Internal Revenue Code section 6501.

ROWELL v. DRETKE

Criminal Law & Procedure, Habeas Corpus
Defendant's request for a certificate of appealability, seeking to appeal the district court's denial of habeas relief, is dismissed where defendant...

CABONI v. GENERAL MOTORS CORP.

Evidence, Injury & Tort Law, Product Liability
In a products liability action, a jury verdict in favor of plaintiff is reversed where he failed to elicit any evidence at trial that established that...

IZEN v. CATALINA

Constitutional Law, Injury and Tort Law, Criminal Law and Procedure, Tax Law

RIDGLEA ESTATE CONDO. ASS'N v. LEXINGTON INS. CO.

Insurance Law
In an insurance coverage dispute, summary judgment in favor of defendant is reversed where the district court erred in not requiring defendant to show...

JOHNSON v. CROWN ENTER. INC.

Civil Procedure, Civil Rights, Labor & Employment Law
The district court's determination that plaintiff's racial discrimination claim was time-barred is reversed where his claim related back to the filing...

MACHINCHICK v. PB POWER, INC.

Civil Procedure, Evidence, Labor & Employment Law
In an employment discrimination suit, summary judgment in favor of defendant-employer is reversed where plaintiff presented sufficient evidence to...

CURUTA v. OFFICE OF THE CHIEF ADMIN. HEARING OFFICER

Administrative Law, Civil Procedure, Education Law, Labor & Employment Law
Plaintiff's appeal of the denial of his complaint, alleging that he was not hired to teach additional classes because of his citizenship status, is...