United States Fifth Circuit - January 2005 Opinion Summaries

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Description Date Docket #

LYKES LINES LTD. v. M/V BBC SEALAND

United States Fifth Circuit
Contracts, International Trade, Property Law & Real Estate
In an action alleging breach of a shipping contract, defendant unsuccessfully appeals a judgment denying the lien it claimed against cargo owned by...
01/19/2005 04-20057

US v. ORLEANS PARISH SCH. BD.

United States Fifth Circuit
Civil Procedure
In the absence of "extraordinary circumstances," a change in controlling decisional law after the finality of a judgment does not warrant reopening...
01/18/2005 03-31010

GUIDRY v. DRETKE

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus, Sentencing
The district court properly granted conditional habeas relief to defendant on the ground that there was insufficient evidence to convict him of murder...
01/14/2005 03-20991

BARRIE v. INTERVOICE-BRITE, INC.

United States Fifth Circuit
Securities Law
In a securities fraud class action, dismissal of plaintiffs' suit is reversed where the district court improperly held that the plaintiffs failed to...
01/13/2005 03-11064

ELLIS v. LIBERTY LIFE ASSURANCE CO.

United States Fifth Circuit
Insurance Law, Labor & Employment Law
In a suit for disability benefits, summary judgment in favor of plaintiff is reversed where defendant-insurance company did not abuse its discretion...
01/13/2005 03-20623

ENERGY MGMT. CORP v. SHREVEPORT

United States Fifth Circuit
Environmental Law, Government Law, Oil and Gas Law
Defendant-City's ordinance, which prevents plaintiff from drilling within 1000 feet of a lake, is preempted by Louisiana's comprehensive regulation of...
01/13/2005 03-30677

ROBERTS v. SHREVEPORT

United States Fifth Circuit
Civil Rights, Constitutional Law
In a section 1983 suit alleging a Fourth Amendment violation of the right to be free from unreasonable seizures, defendant-police officer is dismissed...
01/13/2005 03-30824

RASPANTI v. KEATY

United States Fifth Circuit
Bankruptcy Law, Civil Procedure, Injury & Tort Law
In a bankruptcy suit, the district court erred in not applying principles of collateral estoppel to a Louisiana appellate court's findings on the...
01/12/2005 04-30184

IN RE: US

United States Fifth Circuit

Criminal Law and Procedure, Sentencing
01/12/2005 05-20001

US v. MURILLO-REZA

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
Defendant's sentence for transporting illegal aliens for profit is vacated where the imposed upward departure cannot be justified since the Guideline...
01/12/2005 03-51301