United States Fifth Circuit - March 2005 Opinion Summaries

US v. Southerland

Criminal Law & Procedure, Sentencing
Defendant's sentence for a bank robbery conviction is vacated where the district court misapplied US Sentencing Guidelines section 3C1.2.

Becker v. Tidewater Inc.

Civil Procedure, Injury & Tort Law
In a personal injury action under the Jones Act, plaintiff's motion for a jury trial is denied where he failed to assert diversity jurisdiction, or...

Melder v. Allstate Corp.

Civil Procedure, Insurance Law
In an insurance dispute, plaintiff's motion for a remand to state court, claiming lack of subject matter jurisdiction, is denied where the sole...

Lacy v. Fulbright & Jaworski

ERISA, Labor and Employment Law, Insurance Law

Beaird Indus. Inc. v. Local 2297

Dispute Resolution & Arbitration, Labor & Employment Law
In a labor dispute, the district court's vacatur of an arbitral award is affirmed where the Arbitrator exceeded his authority by finding in favor of...

Cardenas v. Dretke

Criminal Law & Procedure, Habeas Corpus, Sentencing
Death row inmate raises four meritless points of error on direct appeal.

Brooks v. Dretke

Criminal Law and Procedure, Habeas Corpus

Travelers Cas. & Surety Co. v. Wright Ins. Agency Inc.

Civil Procedure, Construction, Contracts
In a suit for breach of contract related to bonds issued to a construction company, the district court properly dismissed plaintiff's suit where it...

Abarca v. Metro. Transit Auth.

Civil Rights, Injury and Tort Law, Labor and Employment Law

Baldridge v. SBC Comm.

Civil Procedure, Class Actions, Labor & Employment Law
In a suit for overtime pay under the Fair Labor Standards Act, plaintiff's interlocutory appeal of a class certification order is dismissed for want...