United States Fifth Circuit - May 2005 Opinion Summaries

Tesfamichael v. Gonzales

Immigration Law
Plaintiffs' request for a temporary stay of removal is granted where they can show a significant likelihood of success on the merits and irreparable...

Tarver v. City of Edena

Civil Rights, Injury & Tort Law
In a section 1983 suit alleging unlawful arrest and excessive force, the district court erred in denying qualified immunity to defendant-police...

US v. Cardenas

Criminal Law & Procedure, Evidence
The suppression of a statement defendant made to police after her arrest is reversed where the district judge erred by finding that police coerced her...

McNamara v. Felderhof

Civil Procedure, Class Actions, Securities Law
In a securities fraud lawsuit, plaintiff's appeal of the district court's denial of class certification is dismissed for lack of appellate...

FTC v. Assail, Inc.

Attorney's Fees
When an attorney is on notice that his fees may derive from a pool of frozen assets, a failure to make a good faith inquiry into the source of those...

US v. Garza-Lopez

Criminal Law & Procedure, Sentencing
Defendant's sentence for being knowingly and unlawfully present in the United States following deportation is vacated where the district court erred...

US v. Villegas

Criminal Law and Procedure, Sentencing

Meyers v. State of Texas

Civil Procedure, Civil Rights, Class Actions, Injury & Tort Law
In a civil rights class action under the Americans with Disabilities Act, defendant-Texas waived its state sovereign immunity from suit by individuals...

US v. De Jesus-Batres

Criminal Law & Procedure, Evidence
Defendants' convictions for harboring illegal aliens for financial gain are affirmed over their claim that the district court erred in denying their...

US v. Taylor

Criminal Law and Procedure, Sentencing